Monthly Archives: November 2010

Do courts always follow the law?

When an attorney is fortunate enough to become a judge, that attorney must first take an oath. Article 20 Section 3 of the California Constitution provides: “Members of the Legislature, and all public officers and employees, executive, legislative, and judicial, … Continue reading

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When do the police have to tell you your Miranda rights?

People often mistakenly believe when a police officer questions you, he must first give you your Miranda rights.  If the above statement is what you believed, you can blame TV.   TV shows often teach bad law.

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Is it clear when someone “refuses” to take a blood test or breath test ?

Before I address the ambiguity of a chemical test refusal, I have talked to several individuals that have told me that they believe they have a right to refuse a chemical test (breath or blood).  Even though it seems that it … Continue reading

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Can police radio interfere with breath devices?

The simple answer is yes.  But, it also depends on the type breath machine that is used.  There are many reasons why incorrect results can be produced by breath machines.  Radio interference is just one of those many reasons.

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Why can’t police officers see that age and medical conditions explain DUI symptoms?

Every time the police stop a vehicle, it is a DUI investigation.  It is the way they are trained.  If they smell alcohol you will be asked to get out of the car.  During the investigation, the police are trained … Continue reading

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