On Nov. 23, 2010, the Court of Appeal held that a prior DUI conviction from another state (Nevada) could not be used as a basis for the DMV to suspend the license because the conduct, which if committed in California, would not be a DUI, and the DMV erred in suspending the license AND the…Read More
The “preliminary alcohol screening” test is used by most law enforcement agencies and it produces breath test readings which are usually not helpful to the defense. It is the hand-held device used at the scene of the arrest, usually after the cop has finished the field sobriety tests. A citizen has the RIGHT TO REFUSE…Read More
The Court of Appeal affirmed the trial court’s finding that the DMV failed to meet its burden of proof with two breath test measurements at the police station of .08, .08%. The court reasoned the DMV is precluded by Title 17, Section 1220.4 “from reporting B.A.C. results to more than two decimal places.” Thus, the…Read More
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