Here are some new laws going into effect in 2009:

Texting While Driving - (SB 28)  This new law makes it an infraction to write, send, OR EVEN READ, text-based communication on an electronic wireless communications device (put away that iPhone, Blackberry, or any cell phone that can text) while driving a motor vehicle.  The old law prohibited this if you were under 18.  Now it applies to EVERYONE.  Play it safe if you must check a message.  Pull over in a safe legal parking spot and turn off the car if you must check a text message before you get to your destination.  In California the courts have been letting police officers approach vehicles for almost any reason (even if there is no vehicle code violation).  This new law gives them another excuse to get you out of your car and start a Drunk Driving (DUI) investigation. 

Driving Under the Influence (DUI) Zero Tolerance-  (AB 1165) This new law prohibits someone already convicted of DUI from driving with a blood alcohol level (BAC) of .01 percent or higher while on probation for DUI.  If pulled over while on probation for DUI, one must take a Preliminary Alcohol Screening (PAS) test.  This is the hand held breath test that most officers have in the field with them.  If you refuse this test or are above a .01 BAC, you will be cited, have your license taken and suspended (better get a good DUI lawyer), and your car gets impounded.

If you are currently on probation for DUI and do not remember how long or when it started, most first offense DUI probations the Bay Area and Northern California last for three years from the date of conviction.   There are some counties such as Napa that require a 5 year probation on a first DUI offense.  

Since the PAS breath machines are less reliable than the more expensive evidential models at the police stations, this type of offense can be fought and even won in situations where the machines are not properly calibrated.  For years many police departments have not kept up with the regular calibrations required for PAS devices (every 10 days). 

These PAS machines can give you a reading of .01 BAC or higher for things like mouth wash, breath strips, soy sauce, and white bread.   Remember, there is alcohol in cough syrup, enough to possibly get you to or above the .01 BAC.  There are many possible defenses to this new law, but the best one is to be smart.  If charged with this offense, GET A GOOD DUI LAWYER.

SAN FRANCISCO, CA — The number of drivers arrested for DUI over the Thanksgiving holiday weekend is down slightly from last year.

The California Highway Patrol reports that 202 drivers have been arrested for driving under the influence as of 6 a.m. Sunday morning. That’s down from 207 DUI arrests over the same time period last year.

Statewide 1, 397 drivers have been arrested for California DUI’s which is a drop of 100 from last year.

I haven’t posted here in a while but thought this would be a good topic to kick start a few new posts. This story is out of Indiana regarding a person who is serving a 28 year prison term from a drunk driving accident. But it goes to show, you can still change your life around, no matter what the circumstances are.

This week is Alcohol Awareness Week at the Mary-of-the-Woods College and Brandon Robinson is taking advantage of this time. He received a 28-year prison sentence after he was charged and found guilty of operating a vehicle while intoxicated which caused death and bodily harm. He is visiting this college campus to talk about his experience.

When Robinson was 18 he went through a stop sign causing him to crash into a truck. He killed three people in this accident..

Since he has been convicted he has spoken to 20,000 people about his story. He always stresses the importance of making the right decision before getting into a car. This is the third time he’s been to this same campus to speak. They asked him back because they felt that the students really connected with him and his message.

Jeff Malloy is the director of campus life and is the one that invited Robinson back. Malloy said “Brandon does a phenomenal job connecting with our students and educating them on the consequences of drinking and driving. He makes it very clear that the only real difference between him and our students was one accident that changed the course of his life.”

Examiner – A San Francisco man died early Saturday morning after a suspected drunken driver made an unsafe lane change and rear-ended the man’s motorcycle on the Bay Bridge, the California Highway Patrol said.

Ryan Willis Jones, 30, was headed eastbound in the tunnel just west of Treasure Island around 5 a.m. when he was knocked off his 2004 Harley-Davidson, the CHP said.

Jones was rushed to San Francisco General Hospital and died from his injuries less than one hour later, according to the San Francisco medical examiner.

Daniel Olivera, 31, of Oakland, was the driver of the 1998 Saab that struck Jones’ motorcycle, the CHP said. He was allegedly intoxicated and speeding when he made an “unsafe” lane change, causing the collision, the investigating officer said.

It is widely accepted that driving under the influence of drugs is a dangerous activity that can harm the driver, passengers, or innocent bystanders—hence, the stringent laws and penalties for a DUI in most states. Many people are unaware of their DUI rights, and that is why hiring an experienced DUI lawyer to help handle the case is crucial.

A good DUI lawyer can identify strategies for getting you acquitted or getting your sentence reduced. For instance, an experienced DUI lawyer may call field sobriety tests or chemical tests into question, as both can be unreliable indicators of a person’s state of sobriety. Or, if you are being charged with a first offense DUI, even if you are found guilty, a good DUI lawyer can help the judge and jury see that it was completely out of character for you, and that you are willing to pay society for your punishment via community service or treatment in a rehab facility. This will most likely help reduce the punishment set by the judge.

When you are pulled over for a DUI, the police officers are usually looking for such signs as erratic driving, crossing the center line, weaving, and unusually wide turning radiuses. After stopping the car, they look for additional evidence of intoxication, such as a flushed face, bloodshot eyes, slurred speech, instability, disorientation, or an inappropriate attitude (such as being unusually happy, or being argumentative). You may be asked to participate in coordination tests (for example, the “horizontal gaze nystagmus test” where an officer asks you to follow a penlight with your eyes.

Ostensibly, intoxication can be determined by the point at which the eye begins to jerk, but this test can be called into question by an experienced DUI lawyer. It is recommended that, for a first offense, you should not agree to any such hand/eye coordination tests. Do, however, agree to chemical tests (blood, breath, and urine) if it is your first offense. Also, under California law you may choose which type of chemical test to undergo. Blood tests are the most accurate, followed by breath tests, followed by urine tests.

A DUI lawyer is aware of the legal BAC levels, and can help guide a client based on prior history concerning DUIs and their BAC level. If a client is under the legal drinking age, it is important to handle the case with care because there is a “zero tolerance” rule in California stating that with a BAC of even .01 percent, and under-aged drinker can be charged with a DUI. With drinking and driving is not by any means condoned, it is important to get the best legal advice possible if you are looking to get a minimal penalty.

If you need any more reasons not to drink and drive, consider this: A driving-under-the-influence conviction is a financial wrecking ball. A typical DUI costs about $10,000 by the time you pay bail, fines, fees and insurance, even if you didn’t hit anything or hurt anybody.

A fine is just the start of what you’ll pay for a drunken-driving conviction. Insurance-rate increases, legal bills, alcohol treatment and licensing fees can push the cost into five figures.

The penalties are intended to be discouraging. Alcohol played a role in nearly 40% of U.S. automobile fatalities in 2005. That’s 16,885 deaths, a figure nearly unchanged over the past decade, according to the National Highway Traffic Safety Administration.

But states are cracking down. The last of the 50 states have lowered their thresholds for DUI to 0.08% blood-alcohol content. Police arrested 1.37 million people last year for driving under alcohol’s grip, about one in every 140 licensed drivers, the FBI says.

But forget the humiliation and hassle for now. Forget the toll on lives. Just look at what a DUI does to your wallet:

Bail. You’ll have to shell out bail to get released after your arrest. Cost: $150-$2,500.

(Costs shown in this article are for first-time DUI offenders. Costs and penalties are often more severe if you’re a repeat offender or your blood-alcohol content is above 0.15%.)

http://articles.moneycentral.msn.com/Insurance/InsureYourCar/DUIThe$10000RideHome.aspx

Kelly Medora, a petite preschool teacher who weighed about 118 pounds, went out with a friend in North Beach one Saturday night in 2005 for some fun.

Instead, San Francisco police officer Christopher Damonte, who weighed about 250 pounds, arrested her for jaywalking, twisted her arm behind her back and broke it with an audible crack.

Although Damonte and the city denied wrongdoing, the city recently mailed Medora a check for $235,000, the largest amount ever to settle a lawsuit claiming San Francisco police used excessive force not involving a weapon.

The Office of Citizen Complaints, meanwhile, has found that Damonte used excessive force in the incident and that another officer failed to investigate Medora’s complaint. Damonte faces a disciplinary hearing at the Police Commission and potential punishment including dismissal. [Read more →]

Pleasanton police in coordination with other law enforcement agencies impounded 15 vehicles during a sobriety checkpoint Monday night, according to the Police Department.

The checkpoint was set up on westbound Bernal Avenue at Pleasanton Avenue from 6:30 p.m. to 11 p.m., police said.

Livermore and Dublin police, the California Highway Patrol and the Alameda County Sheriff’s Office aided in the effort, screening 1134 vehicles.

A total of 15 vehicles were impounded for either driving under the influence or driving as an unlicensed or suspended driver, police said. Four drivers were arrested on suspicion of driving under the influence, and 14 drivers were given citations for driver’s license violations, according to police.

Mothers Against Drunk Driving handed out information to drivers who were stopped at the checkpoint, which was funded by the California Office of Traffic Safety and the National Highway Safety Administration, according to police.

Richie Sambora DUI Bust: Mug Shot Photo From California ArrestBy Tina SimsMar 26, 2008 Richie Sambora has been popped for suspicion of driving under the influence in California, according to a report from the AOL Entertainment website TMZ.Com. The report notes that there is no indication of drugs, but according to the report police believe he had been drinking.Richie Sambora DUI Bust: Mug Shot Photo From California ArrestRichie Sambora DUI Bust: Mug Shot Photo From California ArrestAccording to the report he refused to take a breathalyzer test, and instead opted for a blood test. He was stopped by police at around 11:00 pm and he had made bail and is now out after snapping this lovely mug shot. He did have a woman in the car with him but her name has not been released.***Sambora has recently done two stints in rehab in the last year. He entered a treatment facility in June of last year in Los Angeles. After his weeklong stay in the facility, Sambora admitted to NBC’s Matt Lauer, “I was just drinking too much, and I needed to get my life together. I’m still in therapy, but it’s good; it’s great. I feel fine.”