Archive for the ‘DUI Law’ Category

Why Blood Alcohol Concentrations of .15% Matter?

Monday, March 22nd, 2010

Pursuant to California Vehicle Code section 23578, persons convicted of driving under the influence in California can expect enhanced penalties in sentencing when they admit to having driven with a blood alcohol concentration of .15% or higher.

The reason for this enhancement is justified by statistics.  Most drivers who have consumed alcohol have low blood alcohol concentrations, and few of these drivers are involved in fatal crashes.  On the hand, while only a relatively few number of drivers have blood alcohol concentrations higher than .15%, a much higher proportion of those drivers have fatal crashes.

If you have questions regarding California DUI law, 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.

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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.

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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.

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A Break For DUI Drivers?

Thursday, January 7th, 2010

Second and third time DUI drivers in California have for several years been subjected to long term license suspension as a result of their convictions.  Effective this year the rules for obtaining restricted licenses for second and third time California DUI drivers are changing, and providing quite a break.

Now, second time DUI, alcohol only, offenders will be able to apply for a restricted license after ninety days into their otherwise two year license suspension.  Previously, they could only apply after twelve months into their two year suspension.  Third time DUI, alcohol only, offenders will now be able to apply for a restricted license after six months into their three year license suspension.  Previously, they could only apply for a restricted license after twelve months into their three year suspension.

The legislative history surrounding these changes state that their purpose is to encourage drunk drivers to obtain ignition interlock devices by permitting them to obtain restricted licenses sooner if they do.

Should you or a loved one have the misfortune of a DUI arrest and/or have questions concerning California DUI laws contact San Jose DUI lawyer Bernard P. Bray.

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Governor Schwarzenegger’s Wife a Scoff law?

Sunday, October 25th, 2009

Celebrity and entertainment website TMZ.com recently posted pictures depicting California’s First Lady Maria Shriver twice breaking California’s law against using a hand held cell phone while driving.

Marie Shriver’s husband Governor Arnold Schwarzenegger signed off in 2008 on the law that requires all California drivers to use hands free mobile phones while driving.

The law is one that many, not just Governor Schwarzenegger’s wife, have more honored in the breach than in the observance.  Is a law that is more often broken than observed really a good law at all?  California drivers can do just about anything else possible, and legally, while driving.

There does not appear to be a ground swell for support for changing the law prohibiting cell phone use while driving.  Governor Schwarzenegger promised swift action in response to his wife’s law violations, and the California First lady has apologized.

If you or someone you know has questions regarding criminal justice issues please contact San Jose DUI Lawyer Bernard P. Bray.

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