Monday
Jun012009

DUI Cubed Podcast

DateMonday, June 1, 2009 at 6:07PM

Show Notes (DUI Cubed began 1/25/2009 - In memory William T. Mayo, Esq.)

Episode Fifteen
Episode Fourteen
Episode Thirteen
Episode Twelve
Episode Eleven

Episode Ten - To Be Announced - Amy Morell, Joshua Dale, Jim Forslund


 Executive

Legislative

Judicial


Episode Nine - 4/24/2009 - Amy Morell and Joshua Dale

 

How to choose your CA DUI or DWI attorney or lawyer for your California drunk driving defense and out-of-state defenses too

Lawyers to avoid

  • Sponsored Listings on Google or other search engines - Big Advertising Budgets
  • you want to meet, consult with, hire, and work with, the lawyer you choose - NOT AN ASSOCIATE! Demand the one you consult with is the same attorney who will work on your case!
  • It is as simple as this - if you call a website and can't talk to the lawyer you see on the website - Don't Use That Law Firm especially if they want another lawyer to help you rather than the pictured lawyer.
  • Jail Mail or Direct Mail Solicitations
  • Out of Town Lawyers - (your lawyer should know the judges, prosecutors, and police officers)
  • DUI Mills, DUI "Only" Firms, and Assembly LineCriminal Defense Law Firms
  • Fomer District Attorneys who Prefer Felonies - plead misdemeanors for deals on felony cases.

What sites for the right California DUI Lawyers in your area - DUI-Help.com - gotDUI.com - DUICloud.com

The California DMV Department of Motor Vehicles DUI Administrative Per Se APS Hearings for Drunk Drivers in CA (DUI Hearings)

I. Time constraints

  1. 10 day rule
  2. the "real" numbers to call - lFAX numbers too
  3. Tech Liars - u don't need a hearing - exposing them

II. Reviewing paperwork

  1. defenses that work
  2. gathering "more" info

III. Suspension time frames

  1. 1st
  2. 2nd
  3. 3rd
  4. 4th
  5. more
  6. Don't Refuse!

 

Host Picks of the Week

NameChk

DUICoud - the Facebook of DUI Lawyers


Twitter.com Picks of the Week

Twittervision
Twitteron



Episode Eight - April 6, 2009 - Amy Morell and Joshua Dale -

 

Executive

FOR COPS: How to make the perfect DUI arrest

Legislative

FOR LEGISLATURES: How to fix the DUI laws

Judicial

FOR JUDGES & PROSECUTORS: How to win your DUI prosectutions

Host Skeptics of the Week

The Skeptics Guide to the Universe
The Skeptics Guide to the Universe is a weekly Science podcast produced by the New England Skeptical Society (NESS) in association with the James Randi Educational Foundation (JREF) : discussing the latest news and topics from the world of the paranormal, fringe science, and controversial claims from a scientific point of view.
The Skeptic Zone
Austrailian site mentioning all these sites
Skepticality
About Skepticality - People will believe anything. Why is that? Our podcast is here to bring you relevant, under reported current events, as well as in-depth discussions from a scientific, critical, skeptical, and humorous point of view. In our travels we will tackle the beasts of pseudo science; the paranormal, supernatural, ufo / alien encounters, misunderstood history, astronomy, space, and overwrought legends - urban or otherwise. Welcome to Skepticality, truth in podcasting. Point of Inquiry
Jerry A. Coyne has been a professor at the University of Chicago in the department of ecology and evolution for twenty years. He specializes in evolutionary genetics and works predominantly on the origin of new species. He is a regular contributor to The New Republic, the Times Literary Supplement, and other publications. His most recent book is Why Evolution Is True.
Hunting Humbug 101
A site for skeptics and critical thinkers. Hundreds of real life examples of fallacies, updated regularly. An eBook version of Humbug! The skeptics’ field guide to spotting fallacies in thinking. A weekly podcast on each fallacy: Hunting Humbug 101 – a crash course in shooting down bad arguments. We take fallacies seriously, but not ourselves.
Brain Science Podcast
Dr. Campbell is an experienced emergency physician with a long-standing interest in mind-body medicine, the brain, and consciousness. In this podcast she shares recent discoveries from the world of neuroscience in a way that people of all backgrounds can enjoy. Dr. Campbell believes that understanding how the brain works gives us insight into what makes us human. She is also committed to showing how the scientific method has unravelled many long-standing mysteries.
Skeptoid: Critical Analysis Podcast
Skeptoid is a weekly science podcast dedicated to furthering knowledge by blasting away the widespread pseudosciences that infect popular culture.

Twitter.com Picks of the Week

Twitter's Biz Stone by KQED Radio
San Francisco-based micro-blogging website Twitter seems to have hit a tipping point in recent months, gaining millions of new subscribers, providing new immediacy to breaking news stories and even playing a role in the last presidential election. But the service also has its critics, who complain about dwindling attention spans and the dumbing down of journalism. Twitter co-founder Biz Stone joins us in studio. Stone also helped build social media web sites Xanga, Blogger and Odeo.
6 Twitter Games to Make Tweeting Fun
25+ Incredibly Useful Twitter Tools and Firefox Plugins
search.twitter.com


Episode Seven - 3/22/2009 - Jim Forslund and Joshua Dale - no show recorded

Annual Fast Eddie Kuwatch All Day DUI Seminar - California DUI Lawyers Association

Executive

  • Bernie Madoff in a cell - more dirt bags on Wall Street belong there
  • Lindsay Lohan warrant for arrest - was it a legal warrant?
  • Reduce all breath test results by 20% until the machines are fixed and thoroughly checked out
  • How Breathalyzers Work by howstuffworks.com
  1. Original Drunkometer Detection - Uses a chemical reaction involving alcohol that produ­ces a color change
  2. IR Spectroscopy Detection - Detects alcohol by infrared spectroscopy
  3. Fuel Cell Detection - Detects a chemical reaction of alcohol in a fuel cell

Legislative

Vetoed Last Year - SB 1361 - Senator Correa

Individuals convicted of 2nd offense driving under the influence would be able to apply for a restricted driver’s license after completing 30 days in jail and being completely suspended for a 90 day suspension period with the following provisions:

  • the individual must maintain proof of financial responsibility (insurance);
  • the license will be terminated for failure to comply with DUI class / program requirements;
  • the license will be terminated if the person fails to maintain an ignition interlock device so that car won't start if drinking and driving.

BILL NUMBER: SB 1361
VETOED DATE: 09/27/2008
To the Members of the California State Senate:
I am returning Senate Bill 1361 without my signature.
Drunk driving is a serious public safety hazard, and I fully support any meaningful efforts to curb this practice. Unfortunately, this bill would not diminish the occurrence of driving under the influence (DUI) in a meaningful way as it would restore the driving privileges of DUI offenders ? many of whom have multiple DUI convictions ? much sooner than currently allowed. Although ignition interlock devices have a good track record in preventing drunk driving, this bill would only mandate their installation in the vehicles of persons who would, under current law, be off the streets entirely.
For these reasons, I am returning this bill without my signature.
Sincerely, Arnold Schwarzenegger

2009 DUI Laws - Drunk Driving Legislation

AB 91 - Assembly Member Feuer

This bill would require the department to establish a pilot program from July 1, 2010, to January 1, 2015, in 4 counties that requires, as a condition of being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates and complete an enhanced alcohol and drug treatment and rehabilitation program that focuses on rehabilitation. The amount of time the ignition interlock device would be required to be installed would be based upon the number of convictions as prescribed.

AB 390 - Assembly Member Ammiano

This bill would remove marijuana and its derivatives from existing statutes defining and regulating controlled substances. It would instead legalize the possession, sale, cultivation, and other conduct relating to marijuana and its derivatives by persons 21 years of age and older, except as specified. It would set up a wholesale and retail marijuana sales regulation program, including special fees to fund drug abuse prevention programs, as specified, to commence after regulations concerning the program have been issued, and federal law permits possession and sale consistent with the program. It would ban local and state assistance in enforcing inconsistent federal and other laws relating to marijuana, and would provide specified infraction penalties for violations of these new marijuana laws and regulations, as specified. It would make other conforming changes.

AB 599 - Hall

Forensic blood alcohol testing laboratories. Under existing law, the State Department of Public Health regulates laboratories engaged in the performance of forensic alcohol analysis tests by or for law enforcement agencies on blood, urine,
tissue, or breath for the purpose of determining the concentration of ethyl alcohol in persons involved in traffic accidents or in traffic violations. Existing law also requires the department to establish a committee for the review of regulations relating to these laboratories with this committee known as the Forensic Alcohol Review Committee.
This bill would exempt from those regulations laboratories that are accredited in the forensic alcohol analysis discipline or subdiscipline by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) or by another accrediting body approved by the Forensic Alcohol Review Committee.

AB 614 - Assembly Member Miller

This bill would in addition impose the same punishment for a refusal to submit to a chemical text for a first violation, or for one or more violations or DUI offenses occurring within 10 years, as the punishment for DUI committed under similar circumstances. By adding imprisonment in the county jail to this offense, the bill would impose a state-mandated local program.

AB 1275 - Assembly Member Anderson

This bill would, in addition, require an arresting authority to report to the United States Immigration and Customs Enforcement the presence of a person if the person is arrested for driving while under the influence of an alcoholic beverage or drug, or the combined influence of an alcoholic beverage and drug, or caused bodily injuries to another as a result of driving while under the influence, and the person fails to provide the arresting authority with appropriate documentation demonstrating his or her legal presence in the United States.

AB 808 - Assembly Member Fuentes

Existing law also requires the DMV to notify the person that he or she has within 10 days of the receipt of the notice of the order of suspension or revocation to request a hearing to contest the order of suspension or revocation. This bill would extend this period to 90 days.


AB 1492 - Bonnie Lowenthal

This bill would prohibit a person from using a wireless telephone or other communication device, as the bill would define that term, during a vehicle stop made by a lawenforcement officer for a violation of the Vehicle Code, thereby creating a new infraction. If a law enforcement officer makes a vehicle stop for a violation of the Vehicle Code, the bill would make it a misdemeanor for a person in the vehicle that is stopped to fail to comply with the officer's direction to stop using a wireless telephone or other communication device. The bill would exempt from its provisions a person using a wireless telephone or other communication device for emergency purposes. By creating a new infraction and a new misdemeanor, the bill would impose a state-mandated local program.

SB 598 - Senator Huff

This bill would require the court to take into consideration the results of a county alcohol and drug problem assessment for a first offense violator who had 0.15% or more, by weight, of alcohol in his or her blood at arrest or a repeat DUI offender in determining the term of the ignition interlock restriction. The bill would require a person required to have a court ordered ignition interlock device on a vehicle to have the device serviced at least once every 30 days, and the installer would be required to notify the court the first time the person failed to comply with the maintenance or calibration requirements.

This bill would authorize a person convicted of a DUI violation where the person had 0.15% or more, by weight, of alcohol in his or her blood at arrest to apply to the department for a restricted driver's license that prohibits the person from operating a vehicle unless that vehicle is equipped with a functioning certified ignition interlock device. The bill would require a person with an ignition interlock device on a vehicle pursuant to this provision to have it serviced at least once every 30 days, and the installer would be required to notify the department the first time the person failed to comply with the maintenance or calibration requirements.

SB 154 - Senator Benoit

Existing law governs the operation and equipment of vessels subject to the jurisdiction of this state. Existing law prohibits a person from operating a vessel or manipulating water skis or an aquaplane or similar device or serving as a crew member of a charter boat under the influence of an alcoholic beverage or drug. Existing law provides that if probation is granted for this violation, the court, as a condition of probation, may require the person to participate in, and successfully complete, an alcohol or drug education, training, or treatment program. A conviction of a second offense for operating a vessel under the influence of an alcoholic beverage or drug or a separate violation of vehicular manslaughter while operating a vessel within a seven-year period shall be subject to imprisonment in the county jail for not more than one year. This bill would, instead, require, as a condition of probation, the person to participate in, and successfully complete, a licensed, alcohol or drug recovery services program in conformance with existing provisions applicable to driving under the influence motor vehicle offenses. The bill would revise the penalty provision regarding a second offense or separate violation to apply instead if that offense or violation was committed within a ten-year period. Existing law provides that a separate offense that resulted in a conviction of a violation of vehicular manslaughter while operating a vessel under the influence of an alcoholic beverage or drug is a separate violation for purposes of driving a vehicle while under the influence of an alcoholic beverage or drug. This bill would further provide that this separate offense would result in a suspension or revocation of the person's driving privilege.

Judicial

Jury Duty - If you have jury duty on a DUI case - READ THIS!

Host Picks of the Week

www.twis.org
The Skeptic's Guide to the Universe
Jon Stewart vs. Cramer
Planet Money NPR PBS
Clock - Handdrawn

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Episode Six - 3/8/2009 - Joshua Dale & Jim Forslund -

Executive

King County Assessor, Scott Noble, is suspected of vehicular assault and drunken driving in connection with a collision last month on Interstate 5

Judge Resigns After Trying To Cover Up DWI Case - State Supreme Court Judge Joseph Makowski and local attorney Anne Adams conspired to try and make a DWI case against Adams go away.

FOX 25 free-lance meteorologist Melissa Bell was arrested for drunken driving early Friday morning - and then went on the air that night - after she nearly struck a state police cruiser while speeding and weaving on Soldiers Field Road, according to state police.

Former NBA star Charles Barkley pleaded guilty Monday to two counts of drunken driving and was sentenced to a maximum of 10 days in jail, according to an e-mail from a city of Scottsdale representative. Begins serving reduced sentence to 3 days this weekend 3/6-9-2009

Shia LaBeouf Adjusts To Life Without A Driver's License - ... wasn't at fault in the accident that left his hands severely injured, he was charged with suspicion of DUI after he refused to take a Breathalyzer test. ...

~

Old DOS / Windows EZ-ALC Software - a "shareware" computer program to calculate blood alcohol levels by number of drinks during a period of time. Based on the Widmark formula.

iPhone iPod Apps for Blood Alcohol Levels

iBreath Breathalyzer & FM Transmitter for iPod

iDrinkSmart - Your clever BAC calculator for iPhone and iPod touch

LastCall - by AVVO

Blood Alcohol Level

World and United States DUI Laws DWI OWI OUI

DUI Laws around the world - Laws by Country

United States DUI Laws - DUI Laws by State

Legislative

From Wiki - The Code of Hammurabi (Codex Hammurabi ) is a well-preserved ancient law code, created ca. 1760 BC (middle chronology) in ancient Babylon. It was enacted by the sixth Babylonian king, Hammurabi. Only one example of the Code survives today, inscribed on a seven foot, four inch tall basalt stone slab or stele. Originally, several stelae would have been displayed in temples around the empire.

Musée du Louvre page on Hammurabi

From Wiki - A Code is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in common law and civil law systems, their usage is different. In a civil law country, a Code typically exhaustively covers the complete system of law. By contrast, in a common law country a Code is a less common form of legislation, which differs from usual legislation that, when enacted, modify the existing common law only to the extent of its express or implicit provision, but otherwise leaves the common law intact. By contrast, a code entirely replaces the common law in a particular area, leaving the common law inoperative unless and until the code is repealed.

From Wiki - The Model Penal Code (MPC) is a statutory text which was developed by the American Law Institute (ALI) in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to update and standardize the penal law of the United States of America. The standard they used to make a determination of what the penal code should be was one of "contemporary reasoned judgment" — meaning what a reasoned person at the time of the development of the MPC would judge the penal law to do. The ALI performed an examination of the penal system in the USA and the prohibitions, sanctions, excuses, and authority that are used throughout. The MPC was a combination of what the ALI deemed to be the best rules for the penal system in the United States. Since its formulation, the MPC has played an important role in standardizing the codified penal laws of the United States.

From Wiki - Traffic on roads may consist of pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together, while using the public way for purposes of travel. Traffic laws are the laws which govern traffic and regulate vehicles, while rules of the road are both the laws and the informal rules that may have developed over time to facilitate the orderly and timely flow of traffic.

Find California Code - all 29 Codes

Judicial

Criminal Judges around the country now have to confront their blatant acceptance of bad science
Crime Labs and Dismal Science
NPR Report
Science Friday Show

Breath Testing Development and Society's Hope for the Truth

 

Old CA DUI Cases

How We Have Never ScientificallyQualified Breath Testing in California



Conforming Products List of Evidential Breath Measurement Devices


PAS PBT Preliminary Alcohol Screening Device Cases
Coniglio v. Department of Motor Vehicles (1995) 39 Cal.App.4th 666 We conclude that the breath-alcohol analysis standards under title 17 of the California Code of Regulations do not apply to preliminary alcohol screening devices. We also conclude that it was the DMV's burden to show that the PAS device was reliable. However, we agree with the trial court's conclusion that the DMV did not establish that reliability. People v. Bury (1996) 41 Cal.App.4th 1194
Appellant's failure to object to any of these foundational requirements for establishing the reliability of the PAS evidence is a waiver of his entitlement to a review of the evidence on this ground.
People v. Nolan (2002) 95 Cal.App.4th 1210
In Bury we rejected an argument similar to Nolan's regarding PAS (preliminary alcohol screening) breath-testing devices. We noted that breath testing for alcohol was a well-established scientific technique and as of 1989 there had been 56 new devices. We stated, "requiring each new breath-testing device or mechanism to be subjected to a Kelly/Frye analysis would lead to unnecessary and unduly burdensome litigation." (People v. Bury, supra, 41 Cal.App.4th at p. 1202.) We concluded that the way to test the foundational requirements was not through a Kelly/Frye hearing but in cross-examination. (Ibid.) We stated the defendant "should have questioned whether the testing apparatus was in working order, whether the test was properly administered, and whether the operator was competent and qualified." (Ibid.) Moreover, defendants may also produce evidence in the defense case to challenge the scientific accuracy of the results or the testing machinery. (Ibid.; People v. Municipal Court (Sansone), supra, 184 Cal.App.3d at p. 202.)
People v. Williams (2002) 28 Cal.4th 408 The PAS test result should have been excluded because the California Highway Patrol failed to comply substantially with title 17 of the California Code of Regulations (all references to title 17 are to title 17 of the California Code of Regulations), but deemed the error harmless and affirmed the conviction. Absence of substantial compliance with the regulations goes merely to the weight of the evidence.
People v. Mitchell (2003) 110 Cal.App.4th 772 ...In People v. Bury, a preliminary alcohol screening (PAS) of the defendant was conducted by having him blow into an " 'Alco-Sensor III' " machine. The defendant challenged his arrest for driving under the influence of alcohol on the ground, among others, that "the 'fuel cell' device in the Alco-Sensor machine" was a "new scientific development," which required a Kelly hearing. In rejecting this contention, the Bury court observed that "[a] PAS device is characterized by the purpose of its use rather than the nature of the device itself. ... Many types of breath-testing devices exist; by 1989 there were 56 approved PAS devices.[The defendant's] theory of requiring each new breath-testing device or mechanism to be subject to a Kelly/Frye analysis would lead to unnecessary and unduly burdensome litigation."... People v. Wilson (2003) 114 Cal.App.4th 953
PAS followed by blood test - blood test still admissible even if PAS entered into evidence - no Fiscalini violation
Roze v. Department of Motor Vehicles (2006) 141 Cal.App.4th 1176
The court ruled the evidence at the administrative hearing did not support the hearing officer's finding that Roze was driving with a blood alcohol content (BAC) in excess of 0.08 percent, in part because roadside preliminary alcohol screening (PAS) tests showing Roze had 0.104 and 0.108 BAC were unreliable since the officer had the subject spit out gum 9 minutes before the test. PAS results admissible so long as Adams / T17 foundation.
People v. Beltran (2007) 157 Cal.App.4th 235
Instructing the jury regarding 3 hour presumption of BAC error for 23152(b) count - the permissive inference was the only evidence used to establish appellant's guilt of a violation of Vehicle Code section 23152, subdivision (b). Moreover, because appellant's BAC was rising after the first test was administered, there was strong forensic evidence indicating that appellant's blood-alcohol level was below 0.08 percent when he was stopped by police. Without belaboring the matter further, under these circumstances it cannot be said beyond a reasonable doubt that the jury did not infer that appellant's BAC was at least0.08 percent, as erroneously instructed by CALJIC No. 12.61.1

2007 Conforming Products List of Alcohol Screening Devices

Host Picks of the Week

CBS now owns the Star Trek Experience at Las Vegas, NV
Nova scienceNOW podcast 2/27/2008 - the world will not end in 2012 - it is a hoax

California DUI Lawyers Association
Drunk Driving Defense Sites by Jim Forslund
DUI-Help.com & gotDUI.com
National College for DUI Defense
Texas Criminal Defense Lawyers Association (TCDLA)
Colorado Criminal Defense Bar Lawyer Locator

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Newbies Guide to Twitter
Getting Started with Twitter

Episode Five - 3/1/2009 - Canceled due to technical difficulties.

Episode Four - 2/22/2009 - Joshua Dale and Jim Forslund -

Tribute to William "Bill" Mayo, July 07, 1949 - February 04, 2009 - CDLA Board of Director and DUI Lawyer Extraordinaire
 "Birthplace: Santa Monica, California - Resided In: Chico, California
Local attorney, William T. Mayo died on February 4, 2009. Bill was well know in Chico and surrounding counties as a fiery advocate for his clients.
Bill was born in Santa Monica in 1949. He was raised primarily in Southern California. He graduated from the University of California at Santa Barbara in 1973. He graduated from Southwestern Law School in Los Angeles in 1980.
For a number of years he handled commercial law in San Francisco. While in San Francisco he started duck hunting in the Chico area. He spent time in British Columbia as an attorney. About 10 years ago he moved to Chico and set up a criminal law practice. Bill found his true calling in criminal law. Fishing and hunting were his passions. His hunting dogs were like children to him.
Bill is survived by his mother, Patricia Mode of Green Valley, Arizona, his brother and sister-in-law, James and Deborah Mayo of Ukiah, California, and his brother, Robert Mayo of Tucson, Arizona.
There will be a memorial for Bill at Monks Wine Lounge and Bistro in downtown Chico on Wednesday, February 25, 2009 at 12:30 p.m."
Monks Wine Lounge Wednesday 12:30 p.m. 2/25/2009 - Quote from nbcfh.com
Executive
Tails ofHit and Runs, Drunk Driving DUI cases, Suspended License, Violations of Probation
Judge Heath in Cincinnati, OH
CSI fantasy in United States
Legislative
New Laws 1/1/2009 - Texting SB 28, Zero Tolerance 23154 cvc AB 1165, GPS Receivers on windshields SB 1567 , Ignition Interlock Devices SB 1190, SB 1388, Alcohol Related Reckless Driving AB 2802, 911 Calls Abuse AB 1976
Bad New Legislation
Boating License Suspensions - SB 154
Ignition Interlock Devices - AB 91
New Zeland Blackout This Week - www.creativefreedom.org.nz
Judicial
No License Plate Stops
An officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may not stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid; the officer must have a reasonable suspicion that the particular permit is invalid.
filed December 11, 2008
Cite as People v. Hernandez (2008) 45 Cal.4th 295
Full text http://www.metnews.com/sos.cgi?1208%2FS150038

Where officer saw that moving vehicle lacked license plates or a temporary permit in the rear window and could not--prior to initiating stop--see whether there was a temporary permit in the front window, officer had reasonable grounds for traffic stop.
filed December 11, 2008
Cite as In re Raymond C. (2008) 45 Cal.4th 303
Full text http://www.metnews.com/sos.cgi?1208%2FS149728

Using Cell Phone to Buy Drugs

Three Old DUI Cases
 none this week

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Episode Three - 2/15/2009 - short show - Amy Treanor Morell and Jim Forslund -
No Show Notes

Episode Two - 2/8/2009 - nice long show - Amy Treanor Morell and Francisco Rodriguez -

No Show Notes

Episode One - 1/25/2009 - technical difficulties no recording

AuthorDUI-Help.com / gotDUI.com Staff | Comment1 Comment |