DUI & criminal defense blog
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The SCOTUS decision in Kansas v. Glover
Stops based solely on the registered owner’s license status are lawful under the Fourth Amendment.
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‘Breath-or-blood tests’ in California in the wake of Birchfield
If a person arrested for DUI chooses a blood test over a breath test, no warrant is required.
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DUI blood draws of unconscious persons
A warrantless blood draw of an unconscious driver is generally permissible under the Fourth Amendment.
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Search of car based on lawfully possessed marijuana illegal
Marijuana in closed container with no indication of recent use or other crime does not allow police to search a car.
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Court of Appeal Finds Fault with GBI instruction
GBI requires more than moderate harm, not more than minor harm.
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Appealing a Suppression Motion Ruling
A ruling that the Fourth Amendment was not violated may be appealed even if the defendant pleads guilty.
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Accepted Medical Practices
The manner in which a forensic blood draw is performed must comply with the Fourth Amendment.
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Choice of Counsel in Criminal Cases
The right to a retained attorney of one’s choice in a criminal case is guaranteed by the Sixth Amendment to the United States Constitution.
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DUIs On Electric Scooters (Lime & Bird Scooters)
California law on DUIs on electric scooters explained by DUI attorney.
