January 2012

It is a well-documented fact that our prison population continues to grow at a rate outpacing that of the population.  As of the end of 2009, we now have the dubious distinction of having the largest per-capita prison population in the world — according to Wikipedia and U.S. Department of Justice statistics, 749 of every […]

I don’t even know where to start with this one…. Man Spends 2 Years in Solitary After DWI Arrest Dona Ana County, NM.  Jan. 25 — A New Mexico man who said he was forced to pull his own tooth while in solitary confinement because he was denied access to a dentist has been awarded $22 […]

This is a great question.  We talk all the time about our 4th Amendment right to be free from unreasonable search and seizure without probable cause, yet with a checkpoint we’re basically forced down a path which inherently leads to an unintended encounter with law enforcement.  How could this be legal?  How can we be […]

Biking Under the Influence

For cases involving cycling under the influence in California, for example, there are special laws that govern bicyclists. The California Vehicle Code created an exception for devices moved exclusively by human power, meaning that a bicycle is not a “vehicle” for purposes of the California DUI laws.

Although having people in your car when you have been drinking is a sure way to create unnecessary distrcations, the silver lining is that these passengers are present during the initial DUI investigation and can therefore testify with personal knowledge about certain facts. Good attorneys will attempt to use these “witnesses” to testify to things […]