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Archive for February, 2010

DUI Checkpoints, A Potential Gold Mine For Cash Strapped Local Governments?

Wednesday, February 17th, 2010

DUI checkpoints are a direct method of clearing our roads of drunken drivers, but they are also providing a much needed unintended source of cash for local governments.  Pursuant to California Vehicle Code Section 14602.6 Police Officers may on the spot seize cars driven by unlicensed motorists, and subject them to a 30 day impoundment.  Interestingly, more cars were seized from unlicensed California drivers in 2009 at DUI checkpoints, than suspected drunken drivers that were arrested.

An Investigative Reporting Program at the University of California Berkeley recently reported that California DUI check points generated an estimated $40 million in towing costs and administrative fees from seizing cars from unlicensed drivers in 2009, money that was shared by local governments and towing firms.

The law provides that responsibility for paying storage, towing and administrative charges is the responsibility of all registered owners of the cars that are seized as the result of having been driven by unlicensed drivers.  The administrative charges assessed by local governments significantly run up the bill.  And, all Cities, Counties, and the State, are all entitled to access these fees pursuant to California Vehicle Code section 22850.5.

Currently sobriety checkpoints that the California Highway Patrol operates do not result in administrative fees being accessed on seized vehicles that are driven by unlicensed drivers, but it appears only to be a matter of time before the State of California gets on board, and edges in on the extra income generating scheme.

If you have questions regarding California DUI sobriety check points, or should you or a loved have had the misfortune of a DUI arrest, protect yourself to the fullest extent possible, call San Jose DUI Lawyer Bernard P. Bray.

The Oldest Profession Alive and Well in San Jose?

Tuesday, February 16th, 2010

As anyone who has ever perused a copy of the San Jose Metro, or who has ever visited extremely popular SFREDBOOK.COM already knows, the world’s oldest profession is apparently very alive and well in San Jose and Santa Clara County.

Prostitution is an agreement between consenting people to provide sexual activity in exchange for money. The crime requires activity toward accomplishing the agreement. The activity can be any step taken toward a sexual act. Whether sex actually occurs or not, is not essential to establish the crime.

All communities in the south bay area of San Francisco take prostitution crimes very seriously. And, prostitution charges are vigorously prosecuted in Santa Clara County. The San Jose Police Department, Sunnyvale Police Department, and many other Police Departments in Santa Clara County even have specialized units of experienced police officers focused solely on eradicating prostitution.

Chinese, Vietnamese, and Korean immigrants, in particular, are oftentimes the target of prostitution investigations in Santa Clara County, and as immigrants, they face potentially serous immigration consequences upon conviction for prostitution.

San Jose Criminal Defense Lawyer Bernard P. Bray has given special attention to  prostitution cases for over 20 years. Attorney Bernard P. Bray has been successful in asserting defenses based on many theories, including double jeopardy and outrageous police misconduct in attacking prostitution charges on technical grounds, and has an excellent track record with prostitution cases in front of juries.

Prostitution allegations should not be taken lightly. When faced with a prostitution case call San Jose Criminal Attorney Bernard P. Bray at: (408) 292-9700. Chinese, Vietnamese, and Korean interpreters are available on request.

Can It Be the Economy?

Monday, February 15th, 2010

Statistics for domestic violence related deaths in Santa Clara County for 2009 are in, and they are staggering.  Notwithstanding heightened community attention, and a vast public expenditure of resources in domestic violence prevention efforts for many years now, there were eleven domestic violence related deaths in Santa Clara County in 2009, more than a threefold increase over 2008.

Some have opined that it’s the economy.  Unquestionably, the economic stress associated with the recession has pushed some families to the economic brink, but is that the reason for the increase in deaths?  Perhaps it is the economy, or just a coincidence, or it might be time to take a hard look at how we as a community are utilizing our public resources in domestic violence prevention efforts.

Domestic violence is a serious social problem with awful consequences for everyone.  Should you have questions regarding domestic violence please call San Jose Criminal Defense Lawyer Bernard P. Bray at (408) 292-9700.  San Jose Domestic Violence Lawyer Bernard P. Bray has many years of experience dealing with domestic violence issues, and assisting clients and their families in minimizing the impact of an arrest for a domestic violence related offense of a family member.

2010: The Year of the Drunk Driving Checkpoint?

Saturday, February 13th, 2010

Watch out all would be drivers after consuming alcohol and driving in California.  The California Office of Traffic Safety has recently announced that 2010 will be the Year of the DUI Checkpoint in California.  California already conducts more DUI check points that any other state in the country, and 2010 will see an increase in those checkpoints.

$8,000,000.00 has been allocated by the California Office of Traffic Safety, and it is estimated that this money will fund approximately 2500 DUI checkpoints in 2010, a significant increase over 2009’s approximately 1700 sobriety checkpoints.

A driving under the influence arrest can bring serious consequences in California, including: license suspension, a mandatory jail sentence, probation, stiff fines, court fees, long term alcohol classes, increased insurance premiums, and a criminal record.  The above are all potential standard consequences of a first driving under the influence conviction.  Attorney Bernard P. Bray has extensive experience and an excellent track record of successful results defending drunk driving cases.

If you or a loved one has been arrested for drunk driving contact San Jose DUI Attorney Bernard P. Bray immediately: (408) 292-9700. One must move quickly in securing assistance. An accused only has 10 days in which to request a hearing with the DMV to avoid what otherwise will be an automatic license suspension for an arrestee who produced a .08% or higher blood alcohol test result, or who refused a blood alcohol test.

Call Now: (408) 292-9700

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