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...
Feds: “One Drink” Legal Limit and No Cell Phones

Feds: “One Drink” Legal Limit and No Cell Phones

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 limit and outlawing all cell phone use while driving, even hands-free technology. “When it comes to alcohol use, we know that impairment begins before a person’s BAC reaches 0.08 percent, the current legal limit in the United States,” the agency said. “In fact, by the time it reaches that level, the risk of a fatal crash has more than doubled. That is why states should lower BAC levels to 0.05— or even...
California Extends Ignition Interlock Pilot Program

California Extends Ignition Interlock Pilot Program

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...
DUI Drivers in Colorado Slow to Catch On

DUI Drivers in Colorado Slow to Catch On

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” (whatever that means). “Give me my ticket and let me get out of here,” he said, according to officer Michelle Nethercot, who wrote his arrest affidavit. Nance later said that he had stopped drinking and was getting...
Georgia Hospitals Refuse Blood Tests for DUIs

Georgia Hospitals Refuse Blood Tests for DUIs

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 hospitals refuse blood tests even if the police have a warrant, it will fall to law enforcement to employ its own staff of phlebotomists to perform these forced blood...
DUI Bicycle Arrest Highlights Risk of Riding After Drinking

DUI Bicycle Arrest Highlights Risk of Riding After Drinking

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 DUI purposes, or–as California’s Vehicle Code section 21200.5 does–by creating a special DUI bicycle arrest statute.  In California, the penalties for cycling under the influence are much less severe than for the corresponding DUI case, but a rider under 21 may have their license suspended. If you or anyone you know suffer a DUI bicycle arrest, call us and we’ll do our best to help you....