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PRACTICE AREAS

PRACTICE AREAS

New Law: Veterans Now Eligible for DUI Diversion

By michaelfannon • August 25, 2017
On August 7, 2017, Governor Brown signed SB 725 which amends Penal Code section 1001.80 regarding veteran’s diversion by adding subdivision (l) to take effect as urgency legislation. Subdivision (l) now states: “Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a [..] The post New Law: Veterans Now Eligible for DUI Diversion appeared first on Ryan Birss, Attorney at Law.

Proposition 57 Update

By michaelfannon • July 26, 2017
My friend Douglas Fienberg from the Fresno County Public Defender’s Office has been carefully tracking the proposed rules for Proposition 57.  You can see the proposed rules here: http://www.cdcr.ca.gov/proposition57/docs/Prop-57-Public-Comment-Regs.pdf. Here is the latest from Mr. Fienberg: There are at least four problems with the proposed regulations. First, the proposed regulations exclude people subject to indeterminate [..] The post Proposition 57 Update appeared first on Ryan Birss, Attorney at Law.

California Proposition 57: What You Need to Know

By michaelfannon • November 21, 2016
On November 8, 2016, California voters approved Proposition 57, also known as the California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative. Here’s a brief look at what Proposition 57 means to California and its citizens. New parole opportunities for those convicted of non-violent felonies. Proposition 57 changes the time calculation for parole [..] The post California Proposition 57: What You Need to Know appeared first on Ryan Birss, Attorney at Law.
Arrested for Driving Under the Influence of Drugs?
June 7, 2016
Female hands with prescription drugs on whit ebackground

Prescription Drugs

 

Arrests and prosecutions for driving under the influence of drugs without any alcohol present is on the raise everywhere in the United States, including California.

In order to prove a case of driving under the influence of drugs, the prosecution must show the accused was operating a motor vehicle while under the influence of a drug that impaired the driver’s ability to operate a vehicle with the caution of a sober person under the same or similar circumstances.

Evidence that the driver was under the influence of a drug without evidence of impaired driving ability is not enough for a conviction.  Unless there was an accident, it is extremely difficult for the prosecution to prove impairment against a well prepared DUI defense attorney.

The prosecutor will rely on a Drug Recognition Expert (DRE) to prove impairment while driving.  DRE’s use a 12-step evaluation protocol .  If the protocol is not followed precisely, the results are invalid.  The 12-step protocol is also supposed to distinguish impairment caused by a drug as opposed to impairment caused by some other mental condition.

Many DRE’s rely on the training they received without understanding why each step of the protocol is required.  Competent DUI defense attorneys will be able to seriously undermine the credibility of an unprepared DRE at trial, which usually results in a not-guilty verdict.

If you are looking for an experienced, reliable criminal defense attorney who can provide the best defense available in a DUI case, schedule an appointment on this web site or call to set up a time to meet and discuss your case.

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