The Law Offices of G. Cole Casey, APLC, DUI Attorneys

dui defense tips for lawyers

challenging drug recognition experts

• When challenging a DRE (drug recognition expert) evaluation in Jury Trial, make use of the Federal DRE Training Manual. Just like the NHTSA Standard Field Sobriety Testing Procedure Manual, the DRE Manual is replete with cautionary & very specific procedures that must be followed. Most cops will ignore the exact directions & invalidate their "findings". By using the manual in the courtroom to cross-examine the officer's "expert opinion", his testimony can lead to impeachment, as with SFST guidelines.
• obtaining a dry reckless plea bargain
• A dry reckless conviction, even if a plea down to a reduced charge resulting from DUI (§23152, §23153), has the advantage over a wet reckless plea in that the §23104 reckless non-alcohol related offense will not count as a prior if client receives a subsequent DUI charge within the ten year priorable period. Clients should be advised that a wet reckless offense (§23103) will be elevated to a DUI offense if he or she receives another drunk driving related charge within ten years of arrest dates.
• using withdrawal of time waiver with dui
• If using a withdrawal of time waiver for a dui case dismissal strategy, there is a "proper notice to all parties" clause that allows for a 10 day grace period following the 30 or 45 day statute (30 days if client was in custody at time of arraignment). If no waiver or consent to a trial date outside applicable time period was entered, the 10 day grace period will NOT apply. Therefore, the case must be dismissed if trial does not commence on the 30th/45th day following plea date. *Note: It is almost always advantageous to avoid entering a general time waiver in DUI cases. If client is not in custody, you can respond to the Judge's speedy trial waiver inquiry by stating "defendant is not entering waiver at this time, but will consent to a specific trial date even if it is set for a date beyond the 45 day period". Doing so prevents you from later having to "withdraw the time waiver" that invokes the 10 day grace period.
• clients with multiple pending dui cases
• When representing a defendant who has two or more DUI cases pending, the timing and chronological maneuvering of the separate cases is crucial, including careful orchestration of the court recording dates that are sent to the DMV for Administrative Per Se sanctions. A methodical approach is essential to reduce the punishment & consequences incurred by your client stemming from how multiple DUI cases are charged.
  
  In the event a reckless plea is offered in one case, but a DUI conviction inevitable in the other, the DUI (§23152) will need to be processed before the reckless, or the DUI will be charged as a second offense by mandatory elevation of the wet reckless plea to a DUI. For both offenses to be processed in favor of the client, the actual conviction dates must be manipulated, not the sentencing dates.
  
  If your client has a 3rd & 4th DUI offense pending with inevitable convictions, they must be processed simultaneously to prevent felony escalation of the 4th offense.

california dui hearings & trials

calif. Jury Instructions: DUI §23152(a)&(b)

• CALJIC 12.61 Instructs the Jury in Drunk Driving cases: "If the evidence establishes beyond a reasonable doubt that at the time of the chemical analysis of defendant's blood, breath, or urine, there was .08% or more by weight of alcohol in the defendant's blood, you may, but are not required to, infer that the defendant was under the influence of an alcoholic beverage at the time of the alleged offense (emphasis).
• nolo contendere vs. guilty plea
• A plea of "Nolo Contendere", or "no contest" translated from Latin, is essentially a "Guilty" plea in the views of the Court. The only significant advantage in entering a no contest plea vs. admission of guilt, is the admission can be used against you in a civil hearing related to the matter, where a no contest plea fails to establish the defendant's liability for damages resulting from the defendant's criminal acts. Many defendants choose "nolo contendere" because they say it "sounds better".

legal rights & california dui cases

right to speedy trial: 30 days or 45 days?

• In California, statutory speedy trial rights & limitations typically apply to the window of time between arraignment and/or plea date was entered, at which time the "speedy trial period begins to count down, and the actual trial date. In misdemeanor cases where the filing of charges is delayed and prolongs the arraignment hearing date, the "speedy trial within 45 days" entitlement is reduced to a 30 day period ONLY when the defendant is in custody at either the arraignment or plea hearing date.
• statute of limitations: california dui
• The California Statute of Limitations for misdemeanor DUI offenses is one year Pen. C. §802(a) , and traditionally three years for felony cases (Pen. C. §801). If the cause for elevating an offense to a felony is a prior related conviction, the limitation is arguably only one year.
• DUI Priors on Record: 10 Years vs. 7 Years
• Due to California's 2005 extension of the years a DUI conviction remains on record as a "priorable" offense, elevating any subsequent related offense to a more severe second or greater offense, prior offenders are split into two groups. For offenders who were arrested on January 1st, 2005, or later, the prior-able offense term is ten years. Offenses committed prior to December 31st, 2004, are only eligible as priors for a seven year period. By December 31st, 2011, any DUI conviction grandfathered under the earlier statutes will expire, so long as no subsequent offenses occurred later under the 2005 laws.
• your legal rights: additional facts
• Click the following link for more info regarding your legal rights relevant to San Diego DUI

california dui laws

bodily injury to another: minimum harm

• In California, an offense of "causing bodily injury to another" under vehicle code §23152(a) may be charged even if the "injured" person did not seek any medical treatment or lose any time from work. Although "injured" must include a level of harm more than just "shaken up" by the actions of the accused.

calif. vc 21200.5: drunk bicycling

• Although a non-motorized pedal driven bicycle is not defined as a vehicle under California's DUI Statutes, "riding" a bike drunk is a violation outlined by vehicle codes §21200, 21200.5 & 40000.13, which state that the sidewalks are subject to rules of the road.
• restricted drivers license: vc §13202.5(c)
• Judges in San Diego County may grant a restricted license to a suspended driver if proof of "critical need to drive" is provided to the court. "Critical Need to Drive" exceptions include school, employment, and medical purposes.
• Penalty Enhancements | DUI Offenses
• California DUI Vehicle Codes call for Increased Punishment when specific criteria co-occurs, such as High BAC .15% or Above, DUI with Minor Passenger Under 14 Years of Age, Refusal to Submit to a Chemical Test, Causing Bodily Injury to Another, DUI while in a Highway Maintenance area, DUI in a Safety Zone, Multiple DUI offenses, Prior Felony, etc.

new & recent dui info

cops tell drivers: call 911 on DUI Hunch

• Amber Alert signs on San Diego Freeways & Radio Announcements urge San Diego Motorists to Report Suspected Drunk Driving Suspicions to Police Emergency 911 Operators

chp procedural manual & dui

• The California Highway Patrol Manual states, under the California Presumptive Limit Law, that "officers should feel secure in knowing that no injustice is involved when arresting a person with a BAC of .08% despite the absence of any physical manifestations of alcohol impairment nor the lack of observing them. Likewise, an officer is justified in arresting a person with a BAC below .08% if they assess them to be under the influence.".

making dui arrests: chp's 3 step system

• PHASE I: VEHICLE IN MOTION (driving patterns)
• PHASE II: PHYSICAL CONTACT (the traffic stop)
• PHASE III: SFST'S (field sobriety testing...say no!)

14 years dui defense only

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• San Diego Attorney G. Cole Casey: Co-Author of renowned California Drunk Driving Defense Manual.
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• dui dedicated lawyers & dmv experts
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police traffic stops: best strategy

sneaky cops: politely decline chit chat

• The less you say to a police officer who is investigating and/or evaluating you for a crime, the better. When stopped by police for a traffic infraction or any reason, you are legally required to provide identity (name & address), insurance, and proper vehicle registration. That's it. Supply the proper documents to the officer, and exercise your right to remain silent. Also decline to perform roadside field sobriety exercises and balancing moves, unless you are under the age of 21 and/or are under a specific court order to consent to pre-arrest sobriety exams.