Friday, February 19, 2016

The Push for Harsher DUI Penalties - Is This the Answer to Reducing DUI Offenses?

Recently there has been a flurry of activity about the issue of whether lowering the legal limit from 0.08% to 0.05% is the answer to the question of whether this will reduce the number of DUI offenses or whether pushing for harsher DUI Penalties is the answer.

Both positions have merit. This post examines the pros and cons of each perspective.

DUI – Is It Increasing or Decreasing?

Some would argue the declining numbers are as a result of more educated drivers avoiding DUI by not consuming alcohol before driving; however, there is contrary argument, which is that there is little to no DUI enforcement these days and this explains the reduction in the number of DUI arrests not the educational components.

What are your thoughts?

To learn more, visit: “DUI – Is ItIncreasing or Decreasing?

The 2015 DUI Statistics – What They Reveal

We have been receiving a lot of conflicting statistical data recently regarding the question of whether DUI offenses are up or down as we enter the second month of 2016. Here's what we learned from the 2015 statistical data and what can be expected in 2016 to reduce the number of driving under the influence cases.

The Debate Surrounding Lowering the Legal Limit from 0.08% to 0.05% - Seeing Both Sides of the Debate

The National Transportation Safety Board (NTSB) has been encouraging states to lower their current legal blood alcohol content limits for drivers from .08% to .05%, or even lower, claiming that the change would save lives.

What is most intriguing about the NTSB recommendation is that the “Mothers Against Drunk Driving founder, Candace Lightner, who led the successful national campaign in the 1980s to crack down on drunk driving after her daughter was killed in an alcohol-induced accident, doesn't support the proposal,” stating: "I don't believe it is a practical long-term solution," she told U.S. News. "You could go to 0.0 and that would save lives. You could go to a 40 mph speed limit and that would save lives, but you have to look at what's realistic."

Tuesday, February 9, 2016

Wrongful Convictions - The Reason I Defend Those Charged With Crimes

Two stories have prompted me to write this blog about those wrongfully convicted and to answer the question I am frequently asked, which is: “How can you defend drunk drivers?” or "How can you defend criminals?"

The reality is that there are several legal concepts that often go unnoticed by the public at large and even juries, one of which is the “Presumption of Innocence.” Another is “Proof Beyond a Reasonable Doubt”. And I believe another significant one is the "Circumstantial Evidence" instruction. 

All of these rules of law that apply to jury deliberations are oftentimes glossed over by judges and prosecutors alike, thus leaving the jury to their own devices and oftentimes leading them to apply the wrong standard of law to their deliberations. Public opinion does not help in the cause to reduce the number of wrongful convictions.

The Infancy Stages of DUI Marijuana Breath Testing Devices & What It Means Today

As we progress through the debate as to whether DUI is increasing or decreasing and analyzing all of the statistical data from 2015 as we deal with the issue of DUI in 2016, I wanted to post a blog about the Infancy Stages of DUI Marijuana Breath Testing Devices and what you can expect to find as we as a society begin to move toward legalizing marijuana.

In this blog , the different types of devices being test are reviewed and the states leading the charge are listed, namely Colorado and Washington; however, many states, including California, are looking toward these two states to determine which breath testing devices they choose as they too make their decision as to which device or devices to use in California.

Wednesday, February 3, 2016

How Police Officers Conduct DUI Investigations & What Evidence Is Collected - Police Evidence

I am often surprised that many prospective clients are surprised to learn that their DUI Investigation was caught on camera, thus including audio and/or video recordings of the DUI Investigation.

As a result of this "phenomenon", I decided to generate a webpage that was dedicated to what I often refer to as "Police Evidence", which includes a discussion on not only what evidence is collected; but also the three "phases" of a DUI Investigation.

This blog post will be followed by a series of future blog posts relating to the different types of DUI discovery or evidence that you should expect to find from each of the individualized agencies in the County of Orange, California.

Click the link to learn more about Police Evidence in the State of California, specifically in Orange County, California. And remember, if you need an experienced DUI Trial Lawyer, contact Attorney Peter F. Iocona today for a free DUI Consultation.

Tuesday, February 2, 2016

The Gallatin County DUI Study

As stated in this blog post, I found the Preliminary Report from the Gallatin County DUI Study story that was published on January 21, 2016 in the Bozeman Daily Chronicle interesting.

The report analyzed the trends in DUI numbers, among other things and came to the following conclusions - some surprising and others expected. To learn more click the link: The Gallatin County DUI Study.