It’s not a distant planet. It’s not a Kama Sutra move. It’s a DUI field sobriety test. And it’s coming to hipster parties near you. The Horizontal Gaze Nystagmus is one of many field sobriety tests given by law enforcement to determine whether you are under the influence of alcohol. “Nystagmus” means a jerking of…
A Blog for California Lawyers
Tag Archive: DUI
Driving Under the influence of Drugs in California
Most people don’t realize that driving under the influence of drugs, even completely legal, over the counter drugs, can result in arrest and conviction of driving under the influence.The key element that must be proved to be convicted of a DUI is that the driver suffers a physical or mental impairment such that he or…
2nd Time DUI in California Staying out of Jail
This is a question I get A LOT. How do I stay out of jail on my 2nd time DUI in California? If you have been charged with a second violation of DUI within 10 years anywhere in the state of California you are subject to enhanced sentencing under the California Vehicle Code and part…
Rising Blood Alcohol Defense California DUI
Clients often think that if they test at a certain level on a DUI the case is over. Often a friend, a pseudo lawyer will advise them it is no use fighting a case if you are over the limit. This is far from the truth. What matters most in a DUI case is the…
How do you know the checkpoint you drove thru is within the limits of the constitution?
Checkpoint cases from Labor Day weekend are coming in. Some are going to Arraignment and are ripe for the 1538.5. Below are some of the guidelines the Ingersroll court have set out to make a checkpoint within the limits of the constitution. Number 8 has been done away with recently in Banks and is only…