Fresno Criminal Lawyer Blog

Many Fresno-area drivers started off the New Year on a sour note, now having to battle a Fresno DUI charge they picked up as officers saturated the area toward the end of the year.

Our Fresno DUI defense lawyers have been helping many clients who were caught in a DUI trap during the end of the year. As traffic increased around the holidays, law enforcement doubled their efforts to try to cut down on the number of drivers operating vehicles while intoxicated by drugs or alcohol.

As predicted on our Criminal Defense Blog, officers were out in full force and made many arrests. Yet not every arrest will result in a conviction. Many of the charges will get dropped because of poor police work or other circumstances, some will be reduced to less-serious charges and some will be beaten at trial.

According to The Fresno Bee, officers made 147 DUI arrests between Dec. 16 and Jan. 1 throughout Fresno and Madera counties. The officers, representing 21 different law enforcement agencies, patrolled the streets during the 17-day AVOID DUI campaign.

The newspaper reports that the number is down from the 176 arrests made during the same period a year ago. Fresno police said they made about the same number of DUI arrests on New Year's Eve this year, 14, as they did last year, 13.

Police observed that fewer people are drinking and driving on New Year's Eve than in years past. With programs designed to provide rides, using designated drivers, staying at home or not drinking when they go out, police believe such campaigns are cutting down on the number of drunk drivers. However, such enforcement also increases the number of marginal or unfair arrests.

The newspaper also reported recently that the Fresno County District Attorney's Office received a grant to create a team to investigate and prosecute young felony DUI cases.

The $665,000 grant from the California Office of Traffic Safety is designed to target DUI cases with drivers aged 18 to 29, the newspaper reports. Statistics show that nearly half of all DUI cases filed in the county come from drivers in this age range.

Certainly, underage drinking is a problem, especially in cases where accidents are caused because of poor decisions made by inexperienced drivers. But not every person who is charged with DUI is guilty.

There are defenses that must be explored, ranging from the reason for the initial stop by police to field sobriety tests and breath testing conducted and whether those tests were done accurately. Young people in particular should consider that a DUI conviction could hurt their future.

A conviction could end up kicking a teen or young person out of school or lead to the loss of a scholarship or entry into college. That's why even though a DUI is typically considered a misdemeanor, it shouldn't be taken lightly. The charge can be filed as a felony and some estimates put the cost of a DUI conviction as high as $20,000 based on court costs, fines and fees, programs that must be completed, possible probation and other costs. It is serious.

Continue reading "Fresno-Area Police Arrest Nearly 150 for DUI During Holiday Season" »

As we have recently gotten through Thanksgiving, survived Black Friday and now turn toward the winter holiday season, our Fresno DUI defense attorneys wish your family a happy holiday season.

And we offer a bit of advice -- stay safe this holiday season and avoid an unwanted arrest by police who will be seeking to make DUI arrests in Fresno with stepped up patrols, sobriety checkpoints and other tactics.

This is a busy season for law enforcement statewide. Fresh off of a multiple-day enforcement period around Thanksgiving, local and state law enforcement agencies will be back at it before Christmas until New Year's, trying to make as many arrests as possible.

Not only can being charged with DUI ruin a person's day, it can damage their reputation and subject them to possible penalties in California that can lead to serious problems, including jail time, probation, fines and fees, alcohol education programs and other sanctions.

An arrest can cause financial problems, stress at home, embarrassment and other issues, so fighting back is the only option. In many cases, elements of the state's case can be scrutinized. Breath testing has been proven to be faulty because of poor manufacturing or improper maintenance by officers. Field sobriety test results may be challenged based on physical or weather conditions or other proof that a driver didn't fail as officers say they did.

DUI is obviously a crime that anyone can commit, usually not intentionally. The head of the Federal Aviation Administration resigned after he was initially put on leave following a DUI arrest in Virginia, CNN reported.

He was allegedly caught traveling on the wrong side of the road by police. He was released without bail and later resigned. According to the news article, Randy Babbitt, 65, is a veteran pilot who flew for 25 years and became administrator in 2009.

This shows that anyone can be charged with the crime, even those who have a lot at stake. Losing a job, losing a reputation or having family problems are all things that can happen on top of what a judge can sentence.

And, if the California Highway Patrol has its way, many judges will be handing down sentences to drivers caught in their DUI traps this holiday season.

According to the San Jose Mercury News, the state law enforcement agency arrested 1,350 drivers on suspicion of driving under the influence this year during the Thanksgiving holiday weekend. That number is actually down from the 1,419 who were arrested last year. There were 21 traffic-related deaths this holiday season compared to 12 last year. And those numbers don't include local law enforcement arrests.

Be safe this holiday season and be aware that police will be out looking for drivers they can charge with DUI. Take precautions to avoid this serious situation by getting a ride, a taxi, the bus or an alternative to drinking and driving. If you are arrested, call immediately.

Continue reading "Police Will Be Out Looking For DUI Arrests in Fresno This Winter Holiday" »

A San Francisco-area winemaker is suing his wife, accusing her of getting him drunk on wine so that he could be charged with DUI in San Francisco, San Francisco Weekly reports.

Allegations of DUI in Fresno can be damaging to a person's reputation and can lead to major sanctions, which include jail or prison, fines and fees, alcohol-related education classes and other sanctions. In society, it can lead to a job loss, a damaged reputation in the community, loss of leadership positions and other problems.

That's why fighting the charges with an experienced Fresno DUI lawyer is critical. Many elements of a DUI can be fought in court, including the initial stop made by police, the breath testing used and whether field sobriety tests conducted by the authorities were done properly.

In order for a prosecutor to prove that a person is guilty of driving under the influence in California, the state must show a jury beyond all reasonable doubt that a person was driving a vehicle and that they were under the influence of alcohol or drugs.

Breath testing can often be difficult for prosecutors because it has been well documented that these devices can result in inaccurate data because they may not be properly maintained. Many cases have been reviewed or dropped by the state as a result of problems in recent months.

Officers, if not properly trained, can botch field sobriety tests that are given to drivers. They may also not have a reason in the first place to pull over a vehicle. If they violate a driver's rights, the evidence they collect may be tossed out by a judge.

In this case, a civil lawsuit has been filed by a winemaker, alleging that his wife and a private eye conspired to get him drunk and call police after he drove off. The 48-year-old filed a lawsuit recently alleging that the private eye worked with the wife to get him drunk and tip off the police if he tried to drive. The lawsuit alleges that the plan was to give her an upper-hand in the couple's custody battle.

According to the lawsuit, the private eye said the plan was a "dirty DUI." The wife agreed to the conspiracy and paid him $6,600. The man went to a wine bar where he was supposed to meet a reality TV producer who wanted to make a show based on his business. But the "producer" was a person who was part of the scam. The man was fed rounds of drinks.

After leaving the bar, he was immediately pulled over, allegedly without probable cause. The lawsuit states that he drank more at the bar than he normally would have because of the scheme. The wife allegedly then paid an additional $1,500 to have a fake TV crew film at his winery, the publication reports.

According to the lawsuit, the fake TV producer is a former police officer who later admitted to the man he took part in the scheme. A partner of the deputy who made the arrest said the arresting deputy had received several calls from his "PI buddy" on the night in question and he was uncomfortable with the fact that his partner told him they were conducting a dirty DUI.

Continue reading "Winemaker Sues Wife Over Conspiracy to Get Him Charged With DUI " »

As the Thanksgiving holiday weekend approaches, people are finalizing their grocery lists, planning their football-watching schedules and even looking forward to Black Friday shopping after the big meal.

One more thing -- Be on the lookout for Fresno police.

That's because as the holiday season approaches, police will be out in full force, setting up DUI checkpoints and increasing patrols to try to nab drunk drivers.

Picking up a charge of DUI in Fresno can be enough to ruin not only the holidays but the months and maybe years ahead. Drivers know that if they pick up this charge they can not only face extreme penalties, such as jail or prison time, a suspended or revoked driver's license, fines and fees and other sanctions, but also they can possibly lose their job and have personal problems.

This is why it's so critical to consult with an experienced Fresno DUI defense lawyer as soon as you can following your arrest. You should refrain from giving any statements to police, as they will use those against you in court.

These charges are serious and police will attempt to make as many arrests as possible during the holiday season. Officers will look for people who are swerving from lane to lane, speeding, running red lights or committing other traffic infractions in order to give them a reason to make a stop.

After that, they will look for slurred speech, glassy or bloodshot eyes or other reasons to begin conducting a DUI investigation. This may be followed by field sobriety tests, a request for a breath test or blood test.

DUI has been in the news lately, as two DUI-related accidents serve as a reminder that driving after drinking alcoholic beverages can be deadly.

In one case, a Clovis man who was killed by an alleged drunk driver was recently laid to rest the same day the suspect in the case made her first court appearance, ABC News reports.

According to court records, a 24-year-old woman allegedly hit the man's Jeep, causing the vehicle to roll down an embankment. The 54-year-old victim died at the scene. Police said the woman allegedly drove off and was pulled over by police a short time later.

In an unrelated incident, Fox News reports that an alleged drunk driver pulled in the path of an off-duty Fresno police officer in Clovis and caused a crash on his motorcycle.

Police have said the 24-year-old driver had a blood alcohol level above the state's 0.08 legal limit when the crash happened. Investigators believe he pulled out in front of the motorcycle. They have charged him with two felony counts.

Certainly the fact that a police officer was the alleged victim of a drunken-driving episode will bring additional exposure to this crime. That, in turn, may cause local law enforcement area-wide to step up their efforts to track drunk driving.

But not all drivers arrested for DUI are guilty and there are many defenses to the crime. If you are suspected this holiday season of DUI in the Fresno area, call an experienced Fresno DUI defense lawyer immediately.

Continue reading "Enjoy Turkey Day and Keep an Eye Out For Police Seeking DUI Arrests in Fresno" »

A 54-year-old man recently died after a fender-bender that caused the driver to tumble down an embankment, ABC News reports.

Charged is a 24-year-old woman who now faces charges of DUI, driving on a suspended license, felony hit-and-run, and murder, the TV station reports.

Charges of DUI in Fresno will get more and more attention as the holidays approach. Law enforcement will spend more and more time ramping up DUI checkpoints and saturation patrols to try to bust drunk drivers.

But as Fresno criminal defense lawyers have seen from time to time, officers looking for intoxicated drivers sometimes make arrests even when there isn't an abundance of proof of driving under the influence.

When drivers are pulled over, other than during a scheduled checkpoint operation, the officer must have a reason, such as speeding, swerving or some other driving infraction. They can't simply pull over a vehicle randomly to try to prove a DUI was committed.

Once pulled over, the officer's observations will largely determine if he or she will begin a DUI investigation or stick to citing the driver for the speeding or traffic violation. For instance, if the driver has slurred speech, bloodshot or "glassy" eyes or other indicators of alcohol consumption, the officer may begin the routine for DUI. That includes a possible field sobriety test, breath test and other exercises to determine whether a person may be under the influence of alcohol or other substance.

But even in situations where a person passes field sobriety tests and perhaps refuses to take a breath test, officers could still charge a person with DUI and book them in jail. It may seem unfair, but if officers believe a crime has been committed, even if there is some proof against it, they can still make the arrest.

For the suspect, he or she now has a criminal record and possibly a spot on a local TV station or a story and a mug shot in the local newspaper and on its website. The person must now muster up the strength to do all that is possible to defend against the charge and restore their good name.

In this case, the 24-year-old left a concert and rear-ended a Jeep Wrangler. The impact allegedly caused the driver of the Jeep to lose control and go off an embankment. The driver died at the scene.

Police say the driver of the other vehicle kept driving and didn't stop at the scene. Video shows that the airbags in her sedan even deployed. The news station reports that the 24-year-old passed out in the back of a patrol car the night of crash. It's unclear if police conducted any tests to determine a blood-alcohol level.

In California, it is possible for a person to face a charge of murder in Fresno under California Penal Code 187 if alcohol was a factor in a crash that killed someone. Under this law, a person faces murder in the second degree, which is punishable by 15 years to life in prison.

Continue reading "Woman Charged with Murder in Fresno After DUI Crash" »

The Fresno Bee recently reported that four people were arrested and 22 vehicles impounded during a DUI checkpoint, which comes on the heels of the Fresno Criminal Lawyer Blog analyzing the relative uselessness of such a strategy.

Additionally, the Centers for Disease Control and Prevention recently put out a study that shows drunk driving is down 30 percent since 2006.

DUI in Fresno and elsewhere may not be nearly as big a problem as authorities would have you believe. In fact, the numbers are shrinking. Still, Fresno DUI defense lawyers continue to get requests from people asking for help with their DUI case. Which means even though the number of drunk drivers are down, arrests remain steady.

The Bee reports that the weekend DUI checkpoint at Ventura Avenue near R Street resulted in four people being charged with suspicion of drunken driving. More than two dozen vehicles were impounded, although a law change going into effect Jan. 1 will give drivers more time to find a person to drive their vehicle home if they are charged with driving without a license. Currently, their vehicle can be towed within 15 minutes. The law change, the newspaper speculates, would give officers less time to stop cars at checkpoints because they have to deal with parked cars for longer periods of time.

On a national level, NPR reports that 112 million Americans drove drunk in 2010, but that's down significantly from 2006, when the number was closer to 161 million.

The CDC study shows that young men -- from 21 to 34 -- account for 32 percent of drunk-driving incidents, though they only make up 11 percent of the nation's population.

As The Car Connection reports, DUI-related fatalities are down to about 11,000 per year, which is far lower than the 25,000 reported in 1980, when there were far fewer vehicles and people on the road.

But they cite the CDC statistic that 81 percent of drunk-driving incidents in 2010 were committed by men. And of those incidents, 85 percent were a result of binge drinking, which is defined as having a large amount of drinks in a short period of time.

While no one would argue that drinking and driving is a good thing, it certainly may have been over-hyped by law enforcement and lobbying groups in recent years. Many people charged with DUI in Fresno and elsewhere throughout the nation either never planned to commit a crime or have had a few drinks but still have the capacity to drive home.

Something can be said for people who have one or two drinks and are intoxicated but not legally drunk versus a person who has three or four drinks, but doesn't have a loss of senses, but legally is drunk.

Every case must be defended, and in DUI cases, that means looking at the initial stop, whether the officer had probable cause, as well as the training to conduct field sobriety testing. Breath testing machines have also have a list of problems, as they have outputted incorrect results, leading to unlawful convictions.

Continue reading "Drunk Driving in Fresno, Nationwide Down, But Police Still on the Lookout" »

A recent case out of Iowa highlights why challenging breath testing as well as a well-timed motion to suppress in a Fresno DUI case can be highly beneficial to a defendant.

In State v. Walker, a man was arrested for DUI and requested to speak with his lawyer. But the police violated his rights by video-recording the conversation with his attorney, ruling out evidence they collected to use against him.

As any good Fresno DUI defense lawyer will tell you, a meeting between an attorney and client must be completely private. Important issues are discussed, strategies may be developed and the defendant's words should not be made public. It is a private conversation.

Even in jail settings, there must be rooms without microphones so that private meetings can take place without fear someone is listening. In Walker's case, that didn't happen.

According to court documents, the man was arrested and charged with "operating a motor vehicle while intoxicated," which is the name of the charge used in Iowa instead of "drunken driving." He asked to speak with his lawyer.

But the area they set up was in a booth that required the two to speak by intercom, and they were separated by a glass partition. The whole time the two were being monitored by a police video camera. It's highly likely that their conversation was subjected to the recording, making it a public conversation.

After conferring with his lawyer, the man agreed to take a breath test, which measured his blood-alcohol level at more than double the legal limit. But the man moved to have the test results suppressed, alleging the police violated his rights under an Iowa code that guarantees that he can meet with his attorney "alone and in private."

The judge agreed and granted the motion, tossing out the results of the breath test. But a court of appeals reversed the decision. When appealed to the state Supreme Court, justices reversed the appellate court's decision and again tossed out the breath test evidence.

While this may be a rare situation, defendants' rights are often violated during police investigations. While they may not happen in this type of similar situation, there are a variety of ways that a person can have his or her rights violated by police:

• By telling police they want to speak with a lawyer and having officers press them into confessing
• When officers search a person's house or person without justification
• During DUI investigations when an officer might pull over a vehicle without probable cause

But the remedy is often that evidence collected by officers who aren't doing their jobs correctly isn't allowed at trial. When law enforcement officers go against the rules and procedures and try to collect material to be used against a defendant, they get punished by watching that work go out the door.

And the defendant watches the potentially damaging evidence be held out of trial because they suffered by having their rights stripped away. An experienced Fresno criminal defense lawyer will be able to spot when rights have been violated and when motions need to be filed in order to keep out evidence that was wrongly obtained.

Continue reading "State v. Walker Shows Why Breath Testing, Rights Violations Must Be Examined in Fresno DUIs" »

The Beverly Hills Police Department recently presented information at a city council meeting that brought forward the reality of police checkpoints for DUI in Fresno and elsewhere, the Beverly Hills Patch reports.

A police lieutenant told council members that the goal of checkpoints isn't to arrest drunk drivers, but to sear the thought of drunk driving into the minds of drivers. The department uses these resources in order to accomplish it:

• 25-30 officers staffed at multiple locations during a checkpoint


• $10,000 per checkpoint to run them, via state grant money


• Beverly Hills averages seven checkpoints per year


• Checkpoints average seeing 2,223 vehicles, while about 480 drivers -- about 1 in 5 -- are actually stopped and screened.


• Three field sobriety tests -- out of more than 2,000 vehicles -- are actually administered.


• An average of just 1 driver per checkpoint is arrested for DUI.

Yet, courts have ruled them constitutional. Here the officer essentially admits that they are a terribly ineffective tool -- tying up 30 officers at a cost of $10,000 to make a single DUI arrest. Instead, they take tens or hundreds of thousands of dollars in state funding -- from a cash-strapped state at that -- and use it essentially as a public relations campaign.

The way a DUI checkpoint typically works is officers set up shop on a busy street, usually frequented after people leave a big event or perhaps near a district filled with bars and other late-night establishments.

They set up cones to separate lanes and flash police lights in order to make sure people see something out of the ordinary is going on. There may be electronic signs informing people to slow down ahead. The whole process is a danger to officers and to innocent motorists on the road.

As drivers approach the checkpoint, officers will approach the vehicles and make a quick assessment, with no probable cause and little proof, of whether the driver is impaired.

While most drivers likely pass through without any problems, for reasons unknown, officers may ask for additional information from someone they deem "suspicious." So, these people, while others may be guilty of more serious crimes, are asked to pull aside and could end up facing an expensive criminal charge.

If you find yourself in this position, the first thing to do is call an experienced Fresno DUI defense lawyer who will scrutinize all points of the operation and the circumstances that led to your arrest. These charges can be challenged and beaten.

Continue reading "DUI Checkpoints in Fresno Expensive and Produce Few Results" »

Clients and potential clients often ask us about results. Because that is all they care about, understandably. It hardly matters to them how much work we put in if they don't get the results they were looking for. Of course, not every case is a tremendous success story, however, we do our best to make sure it was worth it for our clients to come to our office.

With that said, I'm pleased to report several phenomenal wins we've had for our clients in the last month. I won a complex DMV hearing involving multiple days of testimony from CHP officers and our accident reconstruction expert, which resulted in a successful win and overturning the suspension of my client's commercial trucking license due to a fatality accident. We also successfuly reduced a DUI with a .18 blood alcohol to a wet reckless driving after filing and appearing in court on a motion to suppress due to a questionable detention of my client's vehicle.

In addition, Robert Troncoso, an associate with the Law Offices of Michael E. Mitchell also successfully obtained two dismissals of DUI cases and had the records of a DUI arrest successfully sealed in a minor DUI case. Two weeks ago we also had a DUI successfully reduced a dry reckless driving, no DUI consequence, and a fine of $265.00; more over, the DUI suspension was reversed by the court.

Of course, these wins should not be taken as a prediction of future results, every case is different. But give us a call and I'd be happy to discuss your case and what we can do to help.

A bystander was killed after being struck by a vehicle that was involved in a high-speed chase with California Highway Patrol officers in south Fresno, Fresno DUI Defense Lawyer is critical if you are facing criminal charges in of DUI manslaughter in Fresno.

In this case, Fox News reports, the driver was allegedly intoxicated while driving. The crash happened on southbound Highway 99 off the ramp to Jensen Avenue. Officers say a 20-year-old was driving a Dodge Charger that officers were chasing. The 20-year-old lost control of the car, causing it to crash into a panhandler who was standing on the side of the ramp.

The chase started when a CHP officer tried to pull over the car when the driver didn't stop at a stop sign. After hitting the man, the vehicle hit a pickup, though the driver of the truck wasn't hurt. The 20-year-old allegedly tried to run away, but officers were able to stop him and arrest him. Three people who were riding in the car were also arrested.

The driver faces charges of gross vehicular manslaughter while intoxicated, evading arrest and driving while suspended for DUI, the news station reports.

According to California Penal Code 191.5, gross vehicular manslaughter while intoxicated is "the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

Those sections of the California Vehicle Code relate to juveniles drinking while intoxicated and adults who drink and drive. According to California law, gross vehicular manslaughter while intoxicated is punishable by up to 10 years in prison. For a person who has a previous drunk driving record, they can be sent to prison for 15 years to life, however.

While some people don't consider the consequences while driving drunk, Fresno DUI Lawyers have seen many people charged with DUI manslaughter when a person dies as a result of a drunk driver. That means that every aspect of the case should be challenged, from the police reports to eye witness accounts to breath and field sobriety tests, if they are given. If you are charged with a crime it is rarely a smart move to talk with police, as your statement can be used against you in a court of law. If you do talk, there may be ways to suppress that statement from evidence.

Continue reading "Juvenile Charged with Gross Vehicular Manslaughter While Intoxicated in Fresno Fatal Crash" »

A 21-year-old man was recently arrested by Fresno Police on a charge of suspicion of DUI after flipping his truck near Shields and Maples avenues in Fresno, CBS News reports.

Fresno DUI Defense Lawyers have handled countless DUI cases and are prepared to defend anyone charged with this type of crime. Whether it is DUI in Visalia or elsewhere in the Central Valley, our law team will represent you where you face the charge.

In the case in Fresno, the 21-year-old Clovis man lost control of his truck at the intersection, flipping the vehicle, hitting another car, a curb and finally a tree. The news station reports that the man tried to run away, but was nabbed by police. The article quotes police saying the man was drunk, but the story doesn't say how or why police made the presumption.

Based on the news story, it seems likely that the man could face additional charges, such as resisting arrest (California Penal Code 148) and DUI causing injury (California Vehicle Code 23153).

When police charge up a client, an experienced defense lawyer can often have some of the charges reduced or dismissed. Still, the penalties shouldn't taken lightly. For instance, resisting arrest in California is punishable by up to a year in jail and a $1,000 fine.DUI in California for a first-time offender is punishable by up to six months in jail with a minimum of 96 hours in custody. You can be fined between $390 and $1,000 and can have other sanctions, such as an ignition interlock device and an alcohol and drug prevention program, imposed on you. In DUI cases involving injury, the penalties are a bit steeper, with possible imprisonment up to a year, along with fines and fees.

And getting arrested for DUI also threatens your driver's license. Arguing to keep your driver's license requires a separate process.

In California, a Department of Motor Vehicles hearing is necessary to get a person's license back. But this is difficult to do alone, so consult with Fresno DUI Defense Lawyers immediately. A DMV hearing must be requested within 10 days of an arrest. If you miss that window, you lose the right to ask for a hearing.

Our firm will request a hearing, obtain a stay of the suspension and get you a temporary driver's license. Typically, a defendant is able to drive with the temporary license pending the decision at the hearing.

Many people think that simply being arrested for DUI means they will lose their license in the DMV hearing, but that's not true. These are separate issues and DMV hearings are procedural in nature. So, being able to prove the officer made a mistake in how he or she handled the arrest or conducted testing can lead to a license being reinstated. The criminal case doesn't have a bearing on the DMV hearing.

But these matters are complex and require a veteran attorney who has handled countless numbers of these hearings. Knowing the California Vehicle Code, having experience in how the system works and knowing how to fight for you are valuable assets Fresno DUI Defense Lawyers are proud to offer.

Continue reading "Accident Leads to DUI Arrest in Fresno" »

In May, Fresno DUI Attorney Michael E. Mitchell successfully obtained a not guilty verdict for a young man accused of driving with over a .01 Blood alcohol concentration.

In a well reasoned decision, the Fresno County Superior court rightfully concluded that the officers failed to show that the young man had violated the law. While the law in Fresno, California, as across the State, specifies that a person under the age of 21 may not drive with any measurable amount of alcohol, the burden is still on the officers to prove it. The state is required to prove each an every allegation to support their charges against an accused. Speaking with a knowledgeable DUI lawyer in Fresno can help you chart a course of action to defend your under 21 or juvenile DUI case.

In this case, due to the inaccuracies of the breathalyzer- they could not satisfy their burden. At two prior court dates the court moved to dismiss the case, this was opposed by the Defendant and his Fresno DUI Lawyer, Michael E. Mitchell. The reason the defense opposed this request is due to the fact that a not guilty verdict was needed to overturn the erroneous DMV suspension.

After the successful not guilty verdict, the case was then overturned at DMV based upon proof of the not guilty verdict. This case highlights why contacting an expert Fresno DUI defense attorney in Fresno, such as Mr. Mitchell is of critical importance if you want a shot at winning your case. The key is having a keen knowledge of the law and a desire to provide the best possible defense, even if the odds seem stacked against you. That is why we've highlighted this case, to illustrate the fact that even juvenile and under 21 driving under the influence cases are winnable.

A 28-year-old man was arrested recently and charged with five cases of DUI dating back three years, Fresno Police told The Fresno Bee.

DUI in Fresno can be a serious charge and can include penalties that can include jail or prison time, depending on the severity. Fresno DUI Lawyers are trained and have years of experience dealing with driving under the influence charges and the many ways prosecutors try to enhance penalties against our clients. We are prepared to fight by the side of defendants who pick up this type of charge.

According to the article, the man had a $1 million warrant out for his arrest, when police arrested him recently. According to police, his blood-alcohol content was 0.24 -- That's three times the legal limit of .08.

According to the California Vehicle Code, driving under the influence of alcohol or drugs is punishable by up to six months in jail on top of more than $1,000 in fines and a six-month driver's license suspension. You may be forced to pay for a DUI program, install an ignition interlock device and your car insurance will no doubt go up.

That's just for a first offense. In the case of the Fresno man recently arrested, he could face severe penalties, including the possibility of being labeled a habitual traffic offender. This could lead to longer stays in custody, larger fines and fees, more penalties that require you to spend money as well as the possibility of losing your driver's license for life. While each case is unique, a Fresno defense attorney can often reach a deal with prosecutors in cases that involve multiple DUI charges in rapid succession. However, it's always better to hire an attorney and face the charges, than to attempt to skip. You will likely be caught, eventually, and the state will be much less apt to make a deal.

Lawmakers will continue to make the penalties for DUI tougher because many people each year are killed or injured in drunk driving-related accidents. According to 2006 data, nearly 1,600 people were killed and 32,000 people injured in California in alcohol-related crashes, according to the California Department of Alcoholic Beverage Control.

That's why fighting even a first DUI charge is so important. Some people react differently to being arrested. For some, one arrest scares them straight for life. But for others, picking up subsequent arrests is difficult to avoid. Some people also don't take the measures to avoid additional arrests. Having a drunk driving conviction on your record may also increase your chances of being stopped, questioned, and arrested again.

And California's laws are designed to punish people who are arrested multiple times for the same offense. That means that if a first DUI charge is dismissed altogether after fighting breathalyzer testing, field sobriety tests, the officer's testimony or other factors -- or even if your case is reduced in a plea agreement to reckless driving -- it could be very helpful in the future.

So, if you, a loved one or a friend is arrested and charged with DUI, whether it's their first offense or if they are considered a multiple offender, call Fresno DUI Lawyers. We will use our years of experience to fight all evidence the state is trying to use against our clients.

Continue reading "Man Picks Up on 3-Year-Old Multiple DUI Charges in Fresno" »

Authorities in Santa Clara County are reviewing 865 DUI arrests because of faulty breathalyzers used by police, the Mercury News reports.

Fresno DUI Defense Attorneys understands that law enforcement continues to use breathalyzers, which may be faulty, in the pursuit of drunken driving crimes. If you are arrested and charged with DUI, you'll need an experienced criminal defense attorney.

Law enforcement in the Fresno area are also stepping up their crackdown on drunken drivers as well. According to the Fresno Bee, two men were arrested during a recent sobriety check point in Visalia near Houston Avenue and McAuliff Road. And a postal worker was arrested for allegedly driving drunk last week, according to the newspaper.

In the breathalyzer cases, San Jose police used the Alco-Sensor V breathalyzer for nearly six months before stopping recently. The device has also been used in Palo Alto, but it's unclear how many cases may be affected there.

According to the district attorney, a manufacturer's error has caused incorrect readings on the devices because condensation built up inside the tube into which suspected drunken drivers blow. It's possible cases where a driver blows into the device but later refuses to provide a blood test are now suspect.

The cases may affect drivers who were driving while intoxicated, but also drivers who were wrongly accused because the devices were faulty. The legal blood-alcohol level in California is .08. Issues regarding the accuracy of the breathalyzer device are best directed to a knowledgeable Fresno DUI Attorney.

And it's possible that people may have already been convicted and penalized before the cases came under review. The penalty for a first misdemeanor DUI conviction is usually a $2,000 fine, 48 hours of jail or community service and DMV classes. More severe DUI cases or defendants with prior criminal histories can face stronger penalties, including years in prison.

Breathalyzer test results are often suspect and are part of a case that can be challenged by an experienced drunk driving defense lawyer in Fresno or elsewhere. Probable cause for the traffic stop and probable cause for requesting that you submit to field sobriety tests or breathalyzer tests may also be challenged. An officer's training and experience should also be reviewed.

Continue reading "Faulty Breathalyzers May Cause Dropped Cases in Fresno" »

Need to know where the DUI checkpoints are set up for the weekend? Well, there's an app for that. We previously reported that Fresno has the most DUI roadblocks of any city in the nation.

Evan as law enforcement tout checkpoints as a deterrent, United States senators are trying to shut down cell phone apps that report their locations.

As officials continue to go after intoxicated drivers, we would like to remind you that it is critical that you contact a Fresno DUI attorney -- charges involving checkpoints are even more defensible than a traditional drunk driving arrest. Such law enforcement roadblocks directly violate you Fourth Amendment rights against unreasonable search and seizure. While courts have stopped short of agreeing, they have implemented additional rules and limitations on the operations of such checkpoints.

Last month, four Democratic senators wrote letters to Apple, Google and Research in Motion (RIM) expressing their disapproval over the new apps that alert drivers of the locations of DUI checkpoints. One system, called "PhantomAlert", has been available since 2009 as it was originally created to alert drivers of red-light cameras and speed traps. The app has since advanced and now has the ability to alert drivers about DUI checkpoints. The service reaches Androids, iPhones, Blackberrys and various other smartphones. Although these apps may have their place, serious questions regarding dui defense should be directed to a knowledgeable Fresno DUI Lawyer.

The New York Times reports that the senators asked the companies to remove the programs, saying such software could possibly be used by an intoxicated driver to avoid a sobriety checkpoint, "putting innocent families and children at risk."

"With a person dying every 50 minutes in a drunk-driving crash, this technology should not be promoted to your customers," the letter continued. "In fact, it shouldn't even be available."

The makers of the phone contend they are doing a service by making the presence of sobriety checkpoints known, and thereby discouraging drivers from getting behind the wheel after they've had too much to drink.

While popular cell phone providers are being ambushed by politicans, the app is also compatible on popular GPS devices like Garmin and TomTom. Advocates for the program also argue that there are numerous ways that the public can be alerted about these checkpoints whether it be by cell phone or good old word of mouth.

Continue reading "Fresno is Sobriety Checkpoint Capital: Senators Decry Cell Phone Apps that Pinpoint Drunk Driving Roadblocks" »