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" »

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" »

Fresno police are getting in on the St. Patrick's Day weekend festivities: Police plan to randomly monitor bars and restaurants in the hunt for drunk drivers, the Fresno Bee reported.

If you are charged with drunk driving this weekend, please contact a Fresno DUI defense lawyer right away; this kind of proactive enforcement frequently leads to marginal or unfair arrests. And the law enforcement monitoring of people out having a good time is a dangerous gray area that illustrates the risk of a motorist's rights being violated. Police must have probable cause to stop you for drunk driving and probable cause to request that your take field sobriety tests or breathalyzer examinations.

When such probable cause is not present -- or is as dubious as an officer watching people celebrating in a restaurant -- a Fresno DUI charge may not survive an aggressive defense.

St. Patrick's Day began as a religious holiday in the 17th Century; today it is one of the most popular secular holidays of the year. In fact, it is among the busiest days in the nation at restaurants and bars and is a leading day for alcohol consumption.

Police will also be conducting roving patrols and DUI checkpoints. As we reported last year on our Fresno Criminal Lawyer Blog, Fresno leads the nation in the number of DUI checkpoints conducted each year. Motorists have additional legal grounds upon which to contest such cases; consulting an experienced and aggressive defense lawyer in Fresno is your best option.

The Bee reports 42 motorists were stopped and charged with drunk driving during a pair of recent DUI checkpoints. KMJ Now reports that AAA will be offering its Tipsy Tow service, which transports a motorist home along with his or her car. Call 800-AAA-HELP.

Continue reading "St. Patrick's Day Weekend DUI Charges best Handled by Experienced Fresno Defense Lawyer" »

Police arrested nine for drunk driving in Fresno after a Friday night checkpoint in the northwest policing district, according to the Fresno Bee.

A Fresno criminal defense lawyer should always be called to aggressively defend clients who are arrested for drunk driving, particularly when a charge comes as the result of a law enforcement roadblock, or a so-called "sobriety checkpoint."

In all, 39 vehicles were impounded because a driver allegedly lacked a valid driver's license or was arrested for driving under the influence of alcohol. This follows 10 arrests for DUI on New Year's Day, during which 27 vehicles were impounded in the wake of a DUI saturation patrol.

In other recent enforcement action, 8 were arrested the weekend of Jan. 9 for DUI during sobriety checkpoints in Fresno and Visalia; and 33 were arrested the following weekend. Due to the fact that sobriety checkpoint detentions can be contested, most people are advised to seek guidance from an experienced Fresno DUI Attorney.

As we reported on our Fresno Criminal Lawyer Blog, the number of DUI checkpoints in Fresno ranks the area number one in the nation for this questionable law enforcement tool.

Statistics show a very small percentage of overall drunk driving arrests result from sobriety checkpoints, which endanger both officers and the motoring public. We reported last year when an officer was dragged at a DUI checkpoint in Fresno.

However, they generally pay overtime and are beloved by law enforcement as a means of showing the public proactive enforcement efforts.

They are also an infringement on a motorist's right against unlawful search and seizure. As a nod toward this most basic right, courts have narrowly and specifically defined the conduct of law enforcement conducting such checkpoints. As a result, there are substantially more grounds to contest such an arrest than even those that are available for a traditional DUI stop.

The consequences of a DUI conviction are numerous and may include job loss, jail time, license suspension, fines and court costs, mandatory treatment and increased insurance premiums. A subsequent arrest may also be more likely once you have a drunk-driving conviction on your record and the penalties for a repeat offense will be substantially more severe. These serious repercussions are an important reason to speak with a thorough and attentive Fresno DUI Defense Attorney.

Consulting an experienced attorney is the best bet when it comes to fighting for your rights in the wake of a drunk driving arrest in Fresno or the surrounding area.

Continue reading "Arrests at Fresno DUI Checkpoints should be Contested by Experienced Defense Lawyer" »

The Fresno Bee reports that the police department has won a statewide competition for traffic safety and held more DUI checkpoints than any city in the United States.

Authorities love to conduct law enforcement roadblocks. Statistics show they provide little or no deterrent to drunk drivers. The cases are often beat in court on a number of grounds. And the stops are responsible for less than 1 percent of drunk driving arrests each year.

But they pay overtime. And they sound good to the public. So they are here to stay, particularly with so many high-profile drunk driving incidents in the news.

A suspected drunk driver crashed a car into a Fresno home earlier this week, ABC30 reported. And an off-duty police officer is facing drunk driving charges in Fresno after an incident earlier this month, the Mercury News reported.

Field sobriety tests were administered and the officer was arrested on suspicion of DUI.

A Fresno drunk driving defense lawyer should always be consulted in the wake of a DUI charge. Job loss continues to be a consequence of a drunk driving conviction in an increasing number of cases.

An experienced defense attorney can frequently challenge drunk driving charges on a number of fronts, including the probable cause for the stop, the results of field sobriety and breathalyzer tests, and the training and conduct of the officers involved.

Continue reading "Fresno is nation's leader for DUI checkpoints; drunk driving charges at roadblocks often beatable" »

Authorities arrested 10 people on drunk driving charges in Fresno during a DUI checkpoint on Sunday night, according to the Fresno Bee.

A Fresno DUI Defense Attorney should always be called to represent a motorist charged with drunk driving. Proper representation of a DUI case requires defense of a client at both the DMV Administrative Hearing and an aggressive defense of the criminal case. Failure to file for a hearing with the DMV within 10 days will result in the automatic suspension of your license. While aggressively defending your driving rights at the hearing will also allow your defense lawyer to get a good first-look at the criminal case against you.

Cases resulting from arrests at law enforcement road blocks, or "sobriety checkpoints" as they like to call them, are frequently very defensible. Authorities are required to follow strict guidelines in conducting such stops, which can lead to additional legal challenges in the many instances where the guidelines are abused or ignored.

This checkpoint, conducted at Ashlan and Marks avenues, also resulted in the impoundment of 35 vehicles as a result of the DUI arrests and other driver's license violations.

In cases where a defendant failed filed sobriety or breathalyzer examinations, they sometimes think hiring an attorney is not worthwhile. This is simply not true. For starters, field sobriety tests are designed to fail. Motorists often think passing a field sobriety test will permit them to go on their way. This is rarely, if ever, the case. Typically, an officer has already decided to charge you with drunk driving by the time you are asked to perform field sobriety tests. Field sobriety tests are designed to do nothing more than gather evidence of your guilt in the opinion of a law enforcement officer whose job it is to ... gather evidence of your guilt!

Both filed sobriety tests and breathalyzer examinations have strict rules and decades of case law to help ensure at least a bare minimum of fairness. When law enforcement fails to administer the tests in accordance with the rules, a reduction or dismissal of the charges is often possible.

Being convicted of drunk driving can lead to jail time, license suspension, mandatory treatment, skyrocketing insurance premiums and the risk of facing very significant consequences for a repeat offense. Hiring a Fresno DUI defense lawyer is the best step you can take to protect your rights.

Continue reading "Fresno DUI arrests at sobriety checkpoints should always be fought in court" »