mjbarba
The Anatomy of a DUI – Absorption of Alcohol
In my last article I provided a brief overview of alcohol, mainly ethanol, which is the type of alcohol consumed by humans in alcoholic beverages. Ethanol is produced through the process of fermentation (up to 15%) and by distillation for beverages with higher alcohol concentrations such as rum, vodka, whiskey, etc. In this article I will discuss how alcohol is absorbed into the body. Alcohol is a Central Nervous System Depressant. It doesn't affect a person until it gets into their central nervous system, i.e., the brain, brain stem and spinal cord. Alcohol gets to the brain by getting [...]
The Anatomy of a DUI – An Overview of Alcohol
Over the past few months I have been asked by many individuals various questions relating to DUI. I believe that knowledge is power, and when you have the knowledge you are in a better position to protect yourself. Therefore, I decided to write this column to provide information relating to DUI so to educate and inform and to help individuals have a better understanding of DUI. Before I discuss the anatomy of an actual DUI arrest, I believe it important for the reader to have a basic understanding of the physiology of alcohol itself. By understanding how alcohol works [...]
Mishandled Blood – Results in Not Guilty DUI Case
Law Offices of Manuel J. Barba represented a male client who was stopped for allegedly driving erratically. Client was charged with VC23125 (a) (b) - DUI and Driving with a blood alcohol concentration of .08% or more in Rancho Cucamonga Court. After he was arrested he agreed to a blood test and the results showed .21% Blood Alcohol Concentration. The evidence showed the mishandling of the blood sample thus compromising its integrity. Disposition: After a Jury Trial, the jury could not reach a unanimous agreement – 8 for not guilty and 4 for guilt. The case was resolved for [...]
Rancho Cucamonga Marijuana DUI Dismissed
Law Offices of Manuel J. Barba represented a male client who was stopped for allegedly speeding. A blood test showed that client had marijuana in his system along with low level of alcohol. Client was charged with VC23125 (f) – Driving while under the combined influence of marijuana and alcohol in Rancho Cucamonga Court. After careful analysis of the prosecution’s chemical analysis, and negotiations, the DUI charges were dismissed. Every case and its facts are different, and that the results in this case does not constitute or imply any kind of guarantee that a prospective client will have the [...]
Suppressed Blood Test in a DUI provides Court Win
Law Offices of Manuel J. Barba represented a male client who was stopped for allegedly making an illegal u-turn. Client was charged with VC23125 (a) (b) - DUI and Driving with a blood alcohol concentration of .08% or more in Fullerton Court. After he was arrested he agreed to a blood test and the results showed .12% Blood Alcohol Concentration. The discovery process gave light to issues regarding the blood test. After filing a motion to suppress the blood, and an evidential hearing, the court suppressed the blood. The district attorney chose to proceed to trial without the blood [...]
DUI Case Dismissed in San Bernardino County Court
Law Offices of Manuel J. Barba represented a female client who was stopped for allegedly driving on a flat tire in Montclair, CA. Client was charged with VC23125 (a) (b) - DUI and Driving with a blood alcohol concentration of .08% or more in Rancho Cucamonga Court. After she was arrested she agreed to a blood test and the results showed .15% Blood Alcohol Concentration. The evidence showed the mishandling of the blood sample thus compromising its integrity. Disposition: After a Jury Trial, the jury could not reach a unanimous agreement – 9 for not guilty and 4 for [...]
DUI Victory in Rancho Cucamonga Criminal Court
Law Offices of Manuel J. Barba represented a male client who was stopped for allegedly speeding. Client was charged with VC23125 (a) (b) - DUI and Driving with a blood alcohol concentration of .08% or more in Rancho Cucamonga Court, in San Bernardino County After our client was arrested he agreed to a blood test and the results showed .11% Blood Alcohol Concentration. The evidence showed the mishandling of the blood sample thus compromising its integrity. Disposition: After a Jury Trial, the jury found client NOT GUILTY. Every case and its facts are different, and that the results in [...]
DUI Charges Dismissed in Joshua Tree Court
Law Offices of Manuel J. Barba represented a female client who was arrested for VC23125 (a) (b) (DUI and Driving with a blood alcohol concentration of .08% or more in Joshua Tree Court. Client blew into a Preliminary Breath Test machine and had results of .085%/.086% Blood Alcohol Concentration. After she was arrested she agreed to a blood sample with result of .06% Blood Alcohol Concentration. Disposition: DUI charges were dismissed (VC23125 (a) (b)). Every case and its facts are different, and that the results in this case does not constitute or imply any kind of guarantee that a [...]
Mishandled Blood Test- Not Guilty DUI Verdict
Law Offices of Manuel J. Barba represented a female client who was stopped for allegedly not turning on her head lamps. Client was charged with VC23125 (a) (b) - DUI and Driving with a blood alcohol concentration of .08% or more in Rancho Cucamonga Court. After she was arrested she agreed to a blood test and the results showed .14% Blood Alcohol Concentration. The evidence showed the mishandling of the blood sample thus compromising its integrity. Disposition: After a Jury Trial, the jury found her Not Guilty. Every case and its facts are different, and that the results in [...]
Reckless Driving DUI Riverside Court
Law Offices of Manuel J. Barba represented a male client who was arrested for a DUI in Riverside and was charged with VC23125 (a) (b) -DUI and Driving with a blood alcohol concentration of .08% or more in Riverside Court. Client blew into a Preliminary Breath Test machine and had results of .088%/.087% Blood Alcohol Concentration. After he was arrested he blew into an Evidential Breath Test machine and the results were .09%/.09% Blood Alcohol Concentration. Disposition: The DUI charges were dismissed (VC23125 (a) (b)); case was resolved for plea to reckless driving. Every case and its facts are [...]
