DUI News & Articles
DUI and Driving with a blood alcohol concentration of .08% or more in Riverside Court.
Law Offices of Manuel J. Barba represented a male client who was stopped for allegedly weaving. Client was charged with VC23125 (a) (b) - DUI and Driving with a blood alcohol concentration of .08% or more in Riverside Court. After he was arrested he agreed to a blood test and the results showed .24% 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 – 7 for not guilty and 5 for guilt. The case was resolved for plea to reckless driving. 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 same outcome in their case.
Joshua Tree DUI Attorney Wins Big – Charges Dismissed
Law Offices of Manuel J. Barba represented a male client who was stopped for allegedly “weaving and almost hitting a center divider”. After he was arrested he agreed to a breath test and the results were .13/.12% Blood Alcohol Concentration. Client was charged with VC23125 (a) (b) - DUI and Driving with a blood alcohol concentration of .08% or more in Joshua Tree Court. After careful analysis of the evidence and negotiations with the District Attorney, the case resolved for reckless driving and all 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 same outcome in their case.
Dismissed DUI Charges in 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 consented to a blood test and the result was .11% Blood Alcohol Concentration. Disposition: The case settled on the eve of trial, the DUI charges were dismissed (VC23125 (a) (b)); case was resolved for plea to reckless driving. 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 same outcome in their case.
Rancho Cucamonga Court DUI Dismissed
Law Offices of Manuel J. Barba represented a male client who was allegedly stopped at an intersection for “too long” a time period. 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 preliminary breath test with results of .185/.186% Blood Alcohol Concentration. Client agreed to an evidentiary breath test and the results showed .16/.16 % Blood Alcohol Concentration. After negotiating with the district attorney regarding the lawfulness of the initial stop, the case resolved for a reckless driving and all 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 same outcome in their case.
DA Wanted Jail – We Got Probation – Murrieta DUI
Law Offices of Manuel J. Barba represented a male client who was involved in a traffic accident by rear-ending another car. At the scene, client blew into an Evidential Breath machine with results of .22%/.23% blood alcohol concentration. Persons in the other car were injured and the District Attorney charged client with Felony VC23153 (a) – Driving under the influence of alcohol and causing injury, and Felony VC23153(b) - Driving with a blood alcohol concentration of .08% and causing injury, plus an added allegation of causing great bodily harm (GBI). The case was in Riverside County, Murrieta Court (Southwest Justice Center). District Attorney’s offer to settle was 3 years state prison due to the felony charges. During the discovery process it became evident that the breath test results were unreliable due to contamination. Despite this fact the District Attorney refused to settle the case for lesser charges. Disposition: After a Jury Trial, the jury found client NOT GUILTY of the charge of VC23153 (b) - Driving with a blood alcohol concentration of .08% and causing injury. The jury also found the added allegation of causing great bodily [...]
DUI Charges Dropped in Riverside Court
Law Offices of Manuel J. Barba represented a male client who was involved in a traffic collision. Client 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 .086%/.086% Blood Alcohol Concentration. After he was arrested he agreed to a blood sample with result of .08% Blood Alcohol Concentration. Disposition: DUI charges dismissed (VC23125 (a) (b)); case was resolved for plea to reckless driving. 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 same outcome in their case.
Texting while driving: more dangerous than DUI
A study completed in 2012 by the National Highway Transportation Safety Administration shows that Texting while driving (TWD) is SIX times more dangerous than driving while intoxicated (DWI) or driving under the influence (DUI). The study also shows Texting while driving (TWD) is also more dangerous than driving while high on marijuana. The same conclusions were reached in 2009 by Car and Driver Magazine when they conducted a test that measured braking times and distances. Car and Driver Magazine rigged a car to alert drivers when to brake. They then tested how long it took the driver to brake when sober, when legally drunk at .08, when reading an e-mail, and when sending a text. Driving at 70 miles per hour, the driver was slower and slower reacting and braking when e-mailing and texting. The results: Unimpaired: .54 seconds to brake Legally drunk: add 4 feet (.08% BAC) Reading e-mail: add 36 feet Sending a text: add 70 feet The reason texting while driving is so dangerous is because it involves three out of three types or categories of distracted driving, while being under the influence of [...]
DUI Checkpoints Continue to Waste Tax Payer Moneys (Revised)
Revised: This past weekend in Riverside, California, the Riverside Police Department conducted a DUI/Driver's License Checkpoint on Van Buren Boulevard just south of Garfield Street between the hours of 8 p.m. on Friday, December 13, and 2 a.m. December 14. The Press Enterprise Newspaper reported that of the 1,423 vehicles that went through the Riverside checkpoint, only 5 drivers were arrested for suspicion of DUI. That's about 3/10 of a percent of the total vehicles that were detained and questioned. In Lake Elsinore, California a similar checkpoint was conducted by the Lake Elsinore Police Department from 6 p.m. Friday, December 13, to 1 a.m. December 14 at the intersection of Riverside and Walnut drives in Lake Elsinore. The Press Enterprise Newspaper reported that of the 1,124 vehicles that passed through the Lake Elsinore checkpoint, only 2 persons were arrested for suspicion of DUI, which is about 1/10 of a percent of the total vehicles detained and questioned. The point is not to condone impaired drivers. The point is there are more efficient ways to keep impaired drivers off the roads and keep the public safe. DUI checkpoints cost tax payers [...]
Stopped for DUI? Why you should Never, Ever Blow into a Breath Test Device… Especially Now!
I have always been of the opinion that if you are being investigated for Driving Under the Influence (DUI) of alcohol by a police officer, NEVER, EVER blow into a breath testing device, and ALWAYS request a blood test. However, there are two exceptions: (1) if you are under the age of 21, you must blow into a breath testing device, and (2), if you are currently on probation for a prior DUI conviction, you must also blow into a breath testing device. Unless one of the above exceptions apply to you, here are FOUR reasons why you should never blow into a breath testing device when asked to do so by a police officer: Reason #1: You don't have to. Usually while conducting a DUI investigation, the officer will want you to blow into a Preliminary Alcohol Screening (PAS) Device. You have the right to decline this test. Specifically, Vehicle Code 23612(i) requires that the officer advice the person that the PAS test is voluntary and the person can decline the test. Unfortunately, many officers won't tell you this and instead say “you must blow into [...]
Finally – The Myth of the “Gold Standard” is Beginning to Unravel!
As reported in the Los Angeles Times article on November 10, 2013, an Orange County Crime Lab error leads to inaccurate blood alcohol test results that could affect hundreds of DUI cases. You ask, Why is this important? Because for years Gas Chromatography, the process of how law enforcement crime labs test most blood samples for alcohol content, has been referred to as the "Gold Standard" by crime lab personnel. The term "gold standard" is nothing more than crime lab personnel's attempt to cloak the gas chromatography process in secrecy so that the public, as well as many defense lawyers, would not question the process, or understand it for that matter. My experience tells me they don't understand it either. But just like the mighty and powerful Wizard in the Wizard of Oz, once the curtain was pulled back by a curious Toto, everyone was then able to see that the Wizard was not so mighty and powerful after all. Likewise, Gas Chromatography is not the "gold standard" that the government would like the public to believe it is. The truth is, Gas Chromatography is [...]
