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.

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.

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.

Attorney Peter F. Iocona - Super Lawyers Recognition Video

The Difference Between DUI, Wet Reckless & Dry Reckless - A Frequently Asked Question

As stated in the accompanying webpage entitled: "Understanding the Differences Between DUI and a Wet Reckless Plea": I’m often asked: what is a “wet reckless”? A wet reckless is an “alcohol-related” reckless driving. Well, that does not really answer the question, does it?

A wet reckless is a plea to another Vehicle Code Section, Vehicle Code Section 23013 per Vehicle Code Section 23103.5. The latter statutory provision permits the government to use a "wet reckless" conviction as a prior driving under the influence conviction for purposes of punishment in the second or subsequent case.

But there are other differences as well. To learn more about "Understanding the Differences Between DUI and a Wet Reckless Plea".

Motion to Suppress - Vehicle Code Section 26708 - View Obstructions

This is Part X of the web series dedicated to Motions to Suppress in the State of California that was previously published only to my Google+ Following; which is now available through my blog on Google Blogger.

Part X of this series focuses on View Obstructions and which types of view obstructions are in fact a violation of law and which are not. 

An object hanging from the rearview mirror of a motor vehicle does not provide sufficient grounds for a detention unless the police officer has an objectively reasonable basis to believe that the object is obstructing or reducing the driver’s clear view through the windshield or side windows. See CVC § 26708(a)(2). 

DUI Reckless Speed Enhancements - Mandatory 60 Days In Jail

This morning there was a story about a Paxton, Illinois teenager who was stopped by the police for driving in excess of 100 mph in a 55-mph speed zone while also driving under the influence of alcohol among other charges according to Paxton Police Chief Bob Bane. Mr. Bane said that Talon C. Yaden, 18, of 210 W. Patton St., was driving a 1994 Ford Mustang west on Illinois 9 around 2 a.m. Wednesday when a Paxton police officer attempted to pull over his car for speeding near the intersection with the Ford County Road 1800 East, on the city's west edge. Yaden then turned south onto County Road 1775 East before finally stopping for the officer about 2 miles south of Paxton, at the intersection with County Road 200 North. 

Yaden is being charged with the speed enhancement in addition to the DUI charge and illegal consumption of alcohol by a minor.

This story demonstrates the issues associated with not only under-aged drinking, but also driving in excess of the speed limit. Where it is pled and proven, or admitted, that a defendant drover 30 m.p.h. over the maximum, prima facie, or posted speed limit on a freeway, or 20 m.p.h. or more over the maximum, prima facie, or posted speed limit on any other street or highway, and that he/she did so in violation of Vehicle Code Section 23013 - the reckless driving statute - while concurrently violation Vehicle Code Sections 23152 or 23153, he/she will be required to serve a mandatory jail sentence of 60-days pursuant to Vehicle Code Section 23582.

Click the link to learn more about Reckless Speed Enhancements.

Click the link to learn more about Speed Violations.