Archive for the ‘Uncategorized’ Category

Should There Be a Law?

Wednesday, September 1st, 2010

The Center for Disease Control and Prevention has come out with a well regarded report that estimates, based on 2005 data, that the national cost associated with deaths and injuries from car crashes exceeds $99 billion annually.  Worldwide, traffic accidents are the ninth leading cause of death.  By 2030 car crashes are expected to increase in rank to the fifth leading cause of death worldwide.

The above statistics are staggering.  There is a lot that can be done.  Get off that cell phone when driving.  Wear a helmet when riding on a motorcycle.  Don’t drive after drinking alcohol. 

The above types of suggestions make a difference.  On December 21, 2007, fast developing Vietnam adopted a mandatory helmet law for motorcyclists, and same had an instantaneous effect.  All major hospitals surveyed noticed an immediate drop in the number of patients admitted for traumatic brain injuries.  In Ho Chi Minh City alone, reports of serious traffic accident injuries fell by 50%. 

In California crash causalities have steadily declined since the 1980’s.  Safer cars, cell phone use crackdowns, mandatory seat-belt use laws, mandatory helmet use laws for motorcycle and bike riders, and sobriety checkpoints have all undoubtedly helped , but there is still more that can be done.  Many Judges in California are now requiring that convicted drunk drivers install an ignition interlock device in their cars to prevent them from driving drunk.

If you have questions regarding this blog, California DUI laws, 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.

School and Law (rule) Enforcement: A Good Thing?

Wednesday, June 17th, 2009

A groundswell of support has sprung forth for a Milpitas High School youth who was ordered barred from participation in graduation ceremonies as a result of breaking up a fight. The San Jose Mercury reports that school officials are sympathetic, but cannot make exceptions to school health and safety rules.

Brenda Ann Spencer’s shooting spree on a San Diego elementary school campus in 1979 culminated in the creation of the Right to Safe Schools Amendment to the California Constitution with the 1982 passage of Proposition 8. Sweeping changes in California’s school culture followed. Now after years of change it may be time for reflection. Are our kids really at greater risk of death or great bodily harm as we send them off to school every morning than historically? Have we unnecessarily changed our attitudes about the culture of school environments being primarily learning environments, to the now zero tolerance environments akin to jails that apparently exists on one Milpitas High School campus, because of isolated incidents? Have we excessively employed the use of Law (rule) Enforcement on school campuses in the name of safety, at the expense of our young having the opportunity to experience, play, adapt, and most importantly, learn?

Should California school culture continue to revolve to such an extent around Law (rule) Enforcement?

If you or someone you know has questions regarding criminal justice issues and youth please contact the San Jose criminal lawyers at the Law Offices of Bernard P. Bray.

Public Drunkenness Arrests in San Jose: Excessive and Discriminatory?

Friday, June 12th, 2009

Compelling statistical data compiled by the San Jose Mercury News from 2007 has established that San Jose Police cited and arrested more people with public drunkenness than anywhere else in the State.  A disproportionate number of those arrested were Latino, relative to their representation in the general population.

The fact is that notwithstanding the legitimacy and policy considerations behind such arrests, right or wrong, these arrests carry the devastating stigma of a criminal arrest, and impact an arrestee’s life with potential lifelong negative consequences.  And oftentimes, these arrests are resolved informally by way of an arrestees’ participation in A.A. meetings, or other counseling.  This is an obviously more preferable route to proceed for many arrestees, even the innocent ones, when faced with the prospect of time consuming, expensive, and stressful court appearances.

In response to growing complaints about the disproportional high level of arrests at large, and of Latinos, in particular, the San Jose City Council voted on June 2, 2009 that San Jose Police not charge people with being drunk in public until the sixth offense within a twelve month period.

If you or someone you know has questions regarding criminal charges contact the San Jose criminal lawyers of the Law Offices of Bernard P. Bray.