A Blood Case Can Be Reduced Before Trial

  Over one (1) year ago, this client came to me after having been arrested for Driving Under the Influence (DUI) in Oakland, California.  The client did everything she was told by the police including, answering all questions, taking field sobriety tests (FSTs), and they were all mistakes innocent people do everyday when stopped.  You should never answer any direct questions, such as where are you come from?  Where are you?  Where are you going? When did you eat last?  What did you eat?  What time did you start drinking?  Where were you drinking?  What were you drinking?  How many drinks did you have?  When did you stop drinking?.  
  In any case, as with most honest people, this client answered all those questions.  Next, the client did the FSTs; you should never do them, just demand a blood test and say nothing more.  NEVER, NEVER, NEVER take the Preliminary Alcohol Screening (PAS) test, breath test in the street, NEVER.  Exceptions, if you are under 21, you must take it, or if you are on probation for DUI or related charges, you must take it.  Other than that, don't do it.  Just demand a "Blood" test, and shut up.
  In this case, we did a motion to suppress evidence as not legally obtained.  We lost the motion.  We appealed the motion, and the motion was reversed at the Alameda County Superior Court's Appellate Division.  Then, the case was moved to the First District Court of Appeals, State Court, where it was reversed, and sent back for trial.  Knowing there were problems with the blood from the original Motion to Suppress hearing, the District Attorney, offered a Wet Reckless on a 0.11 blood test.  My client saved a lot of money in fines, does not have to put Ignition Interlock Device (IID) on the car, and gets NO JAIL TIME OR PICKING UP TRASH, NOTHING, and only two (2) years of Court Probation; not supervised.
  New issues have arise in Blood cases, so you should do what this person should have done, and your case could be dismissed in Oakland, California when the law is not followed and a good DUI Attorney fights for your Constitutional Rights, as did duioffice.com,
  That is your tip for the day.  Donald Gray Drewry, Attorney-at-Law

Felony to Misdemeanor DUI

  It happens to people everyday; they drink, drive, and then there is an accident they never thought would happen, and someone is injured other than the driver.  They arrested, and under California Vehicle Code S23153 they are charged with a FELONY.  Now, they are facing State Prison starting at 16 months and up to 3 years.  It is terrifying.  They reach out for help, and all too often, the attorney they get is a friend of the family, a family lawyer who will do the criminal case as a favor to the family, for a fee, but not the attorney's area of practice.
  In Hayward, California the District Attorney is protecting the public by charging the felony.  And, that is what they should be doing.  But, it is up to the DUI Attorney to investigate, get all of the discovery, and find the evidence for an acquittal or a lessor included offense where possible.  It does not always happen that way, but with good understanding of the DUI laws, and what and how to evaluate DUI evidence, the experienced DUI attorney/lawyer can make a difference.
  Today, and case charged as a felony was reduced to a misdemeanor at the Hayward Courthouse on Amador Street.  The case consisted of a traveling on I-880 when the driver lost control of the vehicle.  The car rolled over, and a passenger fractured his head.  The doctor at the hospital, called it a minor injury after scans.  With other evidence, we were able to have the case reduced to a Misdemeanor.  There was 30 days of county jail through the Sheriff's Work Alternative Program (SWAP), with credit of 8 days, so 22 days of picking up trash.
  This is just one case where an experienced DUI attorney made a difference.  This is the reason when you are arrested for DUI, misdemeanor or felony in the Alameda County Bay Area, you should immediately look to duioffice.com for a free consultation.  This client did, and in this case at the Hayward Courthouse today, there was a very happy lawyer, and an extremely happy client.

California Citizens Denied Fair Trial of Breath Tests

  The California Supreme Court is denying the Citizens of California a fair trial if they take a breath test.  In a case named People v. Vangelder, the California Supreme Court ruled that because the California Legislature has determined that if a specific breath testing machine is on the Federal Conforming Products List, then the breath machine must have been checked and approved for all interference's that could appear to be ethanol alcohol.  This is NOT TRUE.  There has never been a scientific test that would show the 100,000 Volatile Organic Compounds that read as alcohol, and just saying so does not make it so.
 The California Supreme Court further said in Vangelder that the only challenges that a defendant could make on the breath testing machine are limited to three.  1. If the operator is qualified.  2.  If the operator performed the test correctly.  3. If there was an error with the machine itself.   Well, think about that.  If one of the 100,000 VOCs interfered with your breath, and they read the same as alcohol, and the machine is not equipped to know the difference, then you get convicted because you are not allowed to present evidence that the State cannot prove the difference of something in your system other than alcohol that reads as alcohol and is mixed with alcohol now giving you a higher reading.  This is one of the poorest decisions the California Supreme Court has made in the past few years in attempting to force defendants that have been alleged with a charge of Driving Under the Influence (DUI) to plead guilty without the benefit of a fair and impartial trial as guaranteed under the United States Constitution.  The California Supreme Court completely ignored that fact in rendering its decision.  In fact, in a United States Supreme Court case, Washington v. Texas 388 U.S.  14, the United States Supreme Court said:  The right to offer the testimony of witnesses, and to compel their attendance, if necessary, is in plain terms the right to present a defense, the right to present the defendant's version of the facts as well as the prosecution's to the jury, so it may decide where the truth lies. Just as an accused has the right to confront the prosecution's witnesses for the purpose of challenging their testimony, he has the right to present his own witnesses to establish a defense. This right is a fundamental element of due process of law.
  If you are arrested for a DUI in California, DO NOT TAKE THE BREATH TEST IN THE STREET OR AT THE STATION.  DEMAND A BLOOD TEST AND A LAWYER ALTHOUGH THEY WILL NOT GIVE YOU THE LAWYER, TAKE THE BLOOD TEST.
  Your Constitutional rights have been striped of you by the California Supreme Court.  Despite that in my cases in Oakland, California, I continue to challenge the ruling by preparing for appeals to the United States Supreme Court for my clients.  Get more information about me at duioffice.com.