In a ruling late last week, the California Supreme Court found that California drunk-driving defendants are now entitled to challenge blood-alcohol findings based on the inaccuracy of breathalyzer results. This ruling effectively weakens many prosecutorial cases by allowing the DUI defense to "rebut the presumption that he was under the influence".
Following recent rulings in other states, the California Supreme Court found the formula for converting breath to blood-alcohol levels to be inaccurate in many cases. Factors including medical condition, gender, temperature, the condition of the device itself, even atmospheric conditions may all be taken into account when defending against a drunk-driving charge.
Under current California law, a suspected drunk-driver is required to submit either a blood test, which measures the amount of alcohol in the blood, or a breathalyzer test (refusal can result in automatic suspension of driving privileges). Alcohol levels in a breath sample are converted mathematically to determine BAC. In California, a person is legally too drunk to drive when his/her blood-alcohol level is 0.08% or higher.
"The question is whether a defendant who has a blood-alcohol concentration of 0.08% or more measured by breath is entitled to rebut that presumption that he was under the influence" Justice Carol A. Corrigan wrote. The court's answer to that question was an overwhelming "Yes".
"Evidence casting doubt on the accuracy of the breath-to-blood conversion ratio is just as relevant as other evidence rebutting the presumption of intoxication from a breath test result, such as evidence that the defendant had a high tolerance for alcohol or performed well in field sobriety testing," Corrigan also wrote.
To determine whether this new ruling could impact the outcome of your drunk-driving case, consult an experienced DUI attorney.
Source
Monday, September 28, 2009
Tuesday, September 15, 2009
Taylor lifts Mercury past Storm in OT
SEATTLE -- Penny Taylor scored seven points of her 18 points in overtime, including a key 3-pointer with 1:03 remaining, to lift the Phoenix Mercury to a 101-90 over the Seattle Storm on Tuesday night.
Diana Taurasi scored 19 points to lead Phoenix (16-6), which has won 10 of its last 12 to take a three-game lead over Seattle in the Western Conference. Cappie Pondexter added 16 points, Temeka Johnson had 15 and Tangela Smith 14 for the Mercury, who are one of just three teams in the league with a winning road record (7-4).
Tanisha Wright scored a season-high 25 points and Camille Little had 20 to lead the Storm (12-8). Lauren Jackson added 18 points, Sue Bird had 13 and All-Star game MVP Swin Cash 12. Jackson and Cash also had 11 rebounds each.
Phoenix appeared to have the game in hand with a 74-67 lead with 6:07 left in regulation until the Storm scrambled back.
Bird converted a three-point play with 1:15 left to pull Seattle to 81-78. After a miss by the Mercury, Little hit a tying 3-pointer with 44.7 seconds left.
Taurasi made three of four free throws to give the Mercury an 84-81 lead with 16.2 seconds left. However, Bird tied it with a 3 with 5.6 seconds remaining to send the game into overtime. Referees used replays to confirm the shot was a 3-pointer.
Jackson, averaging 19.1 points per game, was held without a field goal on four attempts in the first half. Cash, second on the Storm at 12.3 points per game, had just three points in the opening half.
Wright took over the scoring load by matching her previous season high of 21 before halftime. She made 7 of 11 attempts and was 6 for 6 at the line in the half.
Phoenix took a 32-28 lead on Temeka Johnson's 3-pointer at 6:16 of the second period.
A fastbreak 3 by Bird after a turnover by the Mercury started a 6-0 run to give the Storm a 34-32 lead.
Phoenix then went on an 11-0 run, sparked by back-to-back 3s by Kelly Mazzante and Taurasi with less than 3 minutes left.
Seattle chipped its way back. Jackson scored her first points of the half with a pair of free throws with 1.37 left. She had four at the break.
Wright closed the half with a three-point play with 7.8 seconds left as Phoenix held a 45-43 lead at halftime.
The Mercury won the teams' first meeting, 93-80, on July 1 in Phoenix. A few hours later, Taurasi was arrested on DUI charges and then served a two-game suspension before the All-Star game last month.
Source
Diana Taurasi scored 19 points to lead Phoenix (16-6), which has won 10 of its last 12 to take a three-game lead over Seattle in the Western Conference. Cappie Pondexter added 16 points, Temeka Johnson had 15 and Tangela Smith 14 for the Mercury, who are one of just three teams in the league with a winning road record (7-4).
Tanisha Wright scored a season-high 25 points and Camille Little had 20 to lead the Storm (12-8). Lauren Jackson added 18 points, Sue Bird had 13 and All-Star game MVP Swin Cash 12. Jackson and Cash also had 11 rebounds each.
Phoenix appeared to have the game in hand with a 74-67 lead with 6:07 left in regulation until the Storm scrambled back.
Bird converted a three-point play with 1:15 left to pull Seattle to 81-78. After a miss by the Mercury, Little hit a tying 3-pointer with 44.7 seconds left.
Taurasi made three of four free throws to give the Mercury an 84-81 lead with 16.2 seconds left. However, Bird tied it with a 3 with 5.6 seconds remaining to send the game into overtime. Referees used replays to confirm the shot was a 3-pointer.
Jackson, averaging 19.1 points per game, was held without a field goal on four attempts in the first half. Cash, second on the Storm at 12.3 points per game, had just three points in the opening half.
Wright took over the scoring load by matching her previous season high of 21 before halftime. She made 7 of 11 attempts and was 6 for 6 at the line in the half.
Phoenix took a 32-28 lead on Temeka Johnson's 3-pointer at 6:16 of the second period.
A fastbreak 3 by Bird after a turnover by the Mercury started a 6-0 run to give the Storm a 34-32 lead.
Phoenix then went on an 11-0 run, sparked by back-to-back 3s by Kelly Mazzante and Taurasi with less than 3 minutes left.
Seattle chipped its way back. Jackson scored her first points of the half with a pair of free throws with 1.37 left. She had four at the break.
Wright closed the half with a three-point play with 7.8 seconds left as Phoenix held a 45-43 lead at halftime.
The Mercury won the teams' first meeting, 93-80, on July 1 in Phoenix. A few hours later, Taurasi was arrested on DUI charges and then served a two-game suspension before the All-Star game last month.
Source
Friday, August 28, 2009
Police: assemblyman interfered during DUI probe
WESTMINSTER, Calif. -- A police transcript shows that state Assemblyman Van Tran was so disruptive at the scene of a Westminster councilman's arrest for drunken-driving that he was threatened with arrest himself.
The Orange County Register reported Thursday that Tran, who is running for Congress, showed up shortly after Councilman Andy Quach crashed his car on Aug. 2 in an accident that cut power to 300 homes.
Tran repeatedly told officers he was Quach's attorney and at one point distracted Quach during a sobriety test.
Quach, 27, was charged with two drunken-driving misdemeanors and had a blood-alcohol level of 0.26 percent - more than three times the legal limit.
In a statement, Tran disputed that he was disruptive and said he was concerned for Quach, who called him immediately after the accident.
Source
The Orange County Register reported Thursday that Tran, who is running for Congress, showed up shortly after Councilman Andy Quach crashed his car on Aug. 2 in an accident that cut power to 300 homes.
Tran repeatedly told officers he was Quach's attorney and at one point distracted Quach during a sobriety test.
Quach, 27, was charged with two drunken-driving misdemeanors and had a blood-alcohol level of 0.26 percent - more than three times the legal limit.
In a statement, Tran disputed that he was disruptive and said he was concerned for Quach, who called him immediately after the accident.
Source
Monday, August 10, 2009
Marcos Breton: Law applies equally in Armstrong bike theft, Stallworth DUI death
The knucklehead who stole Lance Armstrong's bike in Sacramento is going to state prison for three years.
Donte' Stallworth, the Sacramento-born NFL star who killed a man in a DUI vehicular manslaughter case, is serving a 30-day sentence in a county jail.
How is that justice?
How can a man fatally strike another while intoxicated and spend only weeks in the pokey while another goes to prison for swiping a $10,000 bike?
The juxtaposition can inspire cynicism. It has the whiff of celebrity justice, sentencing by checkbook.
But you know what?
When examining the facts of each case, the mountain of moral outrage starts to crumble. The misguided culprit in the Armstrong bike caper – one Lee Monroe Crider – is getting the book thrown at him for more than stealing an expensive bike from an alley near 15th and L streets on Valentine's Day.
Dude has a rap sheet as long as one of Armstrong's Tour de France mountain treks. He's had felony convictions, multiple jail stints, two tours in state prison. He was on parole for another theft when he made off with the property of a cycling legend and cancer survivor who once dated Sheryl Crow.
"We're not going to treat someone improperly because there is a famous victim," said Steve Grippi, assistant chief deputy of the Sacramento County District Attorney's Office.
Armstrong's celebrity did shine light on a bike theft that wouldn't otherwise have been there, and probably played a role in the bike getting returned. At that point, Crider's priors got him three years in prison, though he may serve just half that.
Stallworth's celebrity also focused attention on his case. Many people, particularly in the sports media, feel he got off easily.
"So much for our justice system supposedly being blind," wrote Michael Mayo of the South Florida Sun- Sentinel. "So much for the law applying equally to all."
The law does apply equally, but the facts of each case are different.
Stallworth had no priors. He was legally intoxicated, but the Miami man killed in the incident was not in a crosswalk while crossing the street.
That would have been a challenge for prosecutors. And the victim's family was not interested in reliving his death in a trial. When a financial settlement was floated, the victim's family was open to discussion, eager to put the painful episode behind them.
Stallworth has been suspended indefinitely by the NFL. He will serve two years' house arrest after his release. He'll be on probation for eight years. He will lose driving privileges for life. He'll do 1,000 hours of community service, pay court costs and make donations to Mothers Against Drunk Driving.
Oh, and he has to live with the reality of causing the death of another person. The late Mario Reyes had a 15-year-old daughter who won't see her father again.
Stallworth will take that to his grave. No amount of NFL glory can ease that life sentence.
Source
Donte' Stallworth, the Sacramento-born NFL star who killed a man in a DUI vehicular manslaughter case, is serving a 30-day sentence in a county jail.
How is that justice?
How can a man fatally strike another while intoxicated and spend only weeks in the pokey while another goes to prison for swiping a $10,000 bike?
The juxtaposition can inspire cynicism. It has the whiff of celebrity justice, sentencing by checkbook.
But you know what?
When examining the facts of each case, the mountain of moral outrage starts to crumble. The misguided culprit in the Armstrong bike caper – one Lee Monroe Crider – is getting the book thrown at him for more than stealing an expensive bike from an alley near 15th and L streets on Valentine's Day.
Dude has a rap sheet as long as one of Armstrong's Tour de France mountain treks. He's had felony convictions, multiple jail stints, two tours in state prison. He was on parole for another theft when he made off with the property of a cycling legend and cancer survivor who once dated Sheryl Crow.
"We're not going to treat someone improperly because there is a famous victim," said Steve Grippi, assistant chief deputy of the Sacramento County District Attorney's Office.
Armstrong's celebrity did shine light on a bike theft that wouldn't otherwise have been there, and probably played a role in the bike getting returned. At that point, Crider's priors got him three years in prison, though he may serve just half that.
Stallworth's celebrity also focused attention on his case. Many people, particularly in the sports media, feel he got off easily.
"So much for our justice system supposedly being blind," wrote Michael Mayo of the South Florida Sun- Sentinel. "So much for the law applying equally to all."
The law does apply equally, but the facts of each case are different.
Stallworth had no priors. He was legally intoxicated, but the Miami man killed in the incident was not in a crosswalk while crossing the street.
That would have been a challenge for prosecutors. And the victim's family was not interested in reliving his death in a trial. When a financial settlement was floated, the victim's family was open to discussion, eager to put the painful episode behind them.
Stallworth has been suspended indefinitely by the NFL. He will serve two years' house arrest after his release. He'll be on probation for eight years. He will lose driving privileges for life. He'll do 1,000 hours of community service, pay court costs and make donations to Mothers Against Drunk Driving.
Oh, and he has to live with the reality of causing the death of another person. The late Mario Reyes had a 15-year-old daughter who won't see her father again.
Stallworth will take that to his grave. No amount of NFL glory can ease that life sentence.
Source
Monday, July 27, 2009
Man accused in wreck that killed cyclist
CARLYLE, Ill. -- A prosecutor says he's holding off on pursuing a drunken driving charge originally filed against a southern Illinois motorist suspected of hitting and killing a Californian bicycling across the country to protest government bailouts.
Clinton County State's Attorney John Hudspeth said Thursday he has dropped a misdemeanor DUI charge against 27-year-old Leon Marcum of Centralia in the accident early Sunday that killed 65-year-old cyclist Jim Gafney of Chula Vista, Calif.
Marcum is charged with a felony count of leaving the scene of an accident. Hudspeth says he'll eventually pursue a DUI charge, but he's waiting to see whether a felony count is in order.
Marcum doesn't have a listed home telephone number. Online court records don't show whether he has an attorney.
Source
Clinton County State's Attorney John Hudspeth said Thursday he has dropped a misdemeanor DUI charge against 27-year-old Leon Marcum of Centralia in the accident early Sunday that killed 65-year-old cyclist Jim Gafney of Chula Vista, Calif.
Marcum is charged with a felony count of leaving the scene of an accident. Hudspeth says he'll eventually pursue a DUI charge, but he's waiting to see whether a felony count is in order.
Marcum doesn't have a listed home telephone number. Online court records don't show whether he has an attorney.
Source
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