Rodney Gould wins San Francisco DMV Appeal

Rodney Gould wins San Francisco DMV Appeal

The First District Court of Appeal in San Francisco just overturned a DMV suspension for one of Mr. Gould’s motorist clients. In Miller v. Department of Motor Vehicles (May 2, 2018; A147050), a unanimous appellate panel agreed with Mr. Gould that the motorist’s arrest was illegal and that therefore, so was the suspension of his license. In the wee hours of the morning of  July 31, 2014, CHP Officer Christopher Pettyjohn was investigating a single car collision in an unincorporated area of Humboldt County.  The vehicle was registered to Mr. Miller at an address some two miles away. Officer Pettyjohn, under the pretense of “checking his well-being,” directed another officer to Miller’s house. The second officer gained entrance to the house through Miller’s roommate and then barged into Miller’s bedroom and awakened him. He ordered Miller outside and waited for Pettyjohn to arrive. When Officer Pettyjohn arrived, he initiated a DUI investigation and ultimately arrested Miller for DUI. When DMV suspended Miller’s driver’s license administratively, he hired an attorney to file a writ petition. The judge in Humboldt County refused to issue the writ. Then Miller hired Mr. Gould. Mr. Gould argued on appeal that there was no justification for the police officers to go into Miller’s bedroom. There were no exigent circumstances to justify it, nor any permission to enter his bedroom granted, as the roommate did not have the authority to give that permission. “We conclude that Miller’s detention was not lawful. A vehicle involved in a single-car accident without more does not indicate that the driver was under the influence of alcohol, nor do these facts indicate that...
Amnesty Coming for California Traffic Tickets

Amnesty Coming for California Traffic Tickets

Much has been written (and here and here) about the amnesty bill kicking around the California Legislature that would reduce the amount California motorist have to pay to reinstate their driver’s licenses following an unpaid traffic ticket. Apparently the amnesty provisions have been incorporated into the budget bill that Governor Brown is expected to sign in the coming days. If passed, it will go into effect October 1, 2015....
Child Support Suspensions Challenged

Child Support Suspensions Challenged

Child support suspensions of New Jersey driver’s licenses were challenged last Friday by a class action lawsuit filed in the New Jersey Superior Court. The suit challenges the practice of imposing child support suspensions of driver’s licenses on parents behind on support payments, claiming the automatic suspensions are unconstitutional and contrary to the “clearly expressed legislative intent.” “New Jersey is the only state in the country that suspends license in this way”, said David Perry Davis, a Pennington, NJ attorney who filed the class action civil rights...