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 … Read More
The National Transportation Safety Board would like to decrease the legal driving limit to one drink, lowering the legal limit on blood-alcohol content to 0.05 “or even lower.”
The agency released its “most wanted list” on Wednesday, an annual wish list of changes it would make it would make across America if it could. Two of these proposals certain to stir controversy are the lowering of the legal … Read More
In case you missed it, the California Legislature extended the IID Pilot Program until July 1, 2017. The pilot program–effective only in the counties of Los Angeles, Alameda, Tulare and Sacramento–requires every first-time DUI offender to install an ignition interlock device in their vehicle. Elsewhere in California first offenders are not required to install an IID.… Read More
DUI drivers in Colorado have been slow to catch on to the state’s new felony DUI law, which made fourth offense DUIs a felony in the Centennial State beginning last month.
The story of David Randall Nance is typical of DUI drivers in Colorado arrested under the new law. Colorado Springs police arrested Nance for DUI two weeks ago following a car crash. Nance had eight prior “DUI-related convictions” … Read More
Several Georgia hospitals refuse blood tests for conscious DUI suspects unless the suspect consents to the test. In Georgia, as in California and most states, if police get a search warrant they can take blood from a DUI suspect by force against their will. What the police cannot do–as they are learning in Cobb, Douglas, Paulding and Cherokee Counties–is force a hospital to do the work.
Now that several Georgia … Read More
A DUI bicycle arrest this week in Pennsylvania highlights the risk of riding a bicycle after consuming alcohol. Herman Ray Milke was arrested yesterday on charges stemming from a July 13 incident where he crashed his bicycle. Police waited for the results of his blood alcohol test before arresting him.
State DUI laws usually prohibit riding a bicycle while intoxicated, either by including bicycles in the definition of “vehicle” for … Read More