tag:blogger.com,1999:blog-15875598812783263692012-01-03T06:15:08.873-08:00Bay area DUI Attorney Donald Gray Drewry has been defending people accused for DUI for 16 years. Read about new DUI laws, DUI Defenses and what he goes through in Alameda County Courts wile defending his clients. Information you read here may just help you out in your case.DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.comBlogger251100tag:blogger.com,1999:blog-1587559881278326369.post-43466884037256224022012-01-03T05:50:00.000-08:002012-01-03T06:15:08.892-08:00

You never know what evidence will be discovered by your lawyer. The lawyer doesn't know. However, the lawyer knows or should know what to look for in the investigations of a Driving Under the Influence (DUI) case. Obviously, the more experienced the lawyer the more he or she should know. Good lawyers keep a check list just like a pilot does. Experienced pilots know what to do, but they use

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-74352594752405584052011-12-24T11:17:00.000-08:002011-12-24T11:31:44.403-08:00

If you are on probation for a DUI in California, and you are stopped driving for any reason, such as, improper lane change or speeding, you will be required to take the hand held breath test. This is commonly referred to as the Preliminary Alcohol Screening (PAS) test. If you are a 0.01% or greater, you will lose your license for 1 year. If you cannot complete or refuse the test, you will lose

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-35362601559911504572011-12-22T06:29:00.000-08:002011-12-22T06:48:23.355-08:00

I recently did a trial in Hayward, California in the County of Alameda. During the trial, a witness from the Alameda County Sheriff's Department testified about the Preliminary Alcohol Screening (PAS) device used in our case. She testified that she had been trained to do the accuracy and calibration checks by her training sergeant. This is a violation of the California Code of Regulations at

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-75277451862942852532011-11-20T07:14:00.000-08:002011-11-20T07:50:14.166-08:00

The most abusive waste of money and law is best seen at the California Department of Motor Vehicles (DMV) in the Administrative Per Se (APS) hearings. These hearings were taken over by the DMV as part of Mothers Against Drunk Driving (MADD) lobbying to get drunk drivers off the road quickly. A good idea in principle. But not a good idea in an "unchecked branch of the Executive Branch" of

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-80273308442591645132011-11-19T06:00:00.000-08:002011-11-19T06:22:46.098-08:00

DUI cases in the Oakland/San Francisco Bay Area are won by good professional lawyers for their clients. There several ways to do this. One way is going to trial and winning, but even the best DUI case has only a 50/50 chance because you never who will be sitting in the jury. Despite what they say when being picked for the jury, most people lie by saying they will be fair and listen to both

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-89033858195066290082011-11-18T06:11:00.000-08:002011-11-18T06:25:39.850-08:00

More and more I see people being stopped for either talking on their phones or texting while driving. These bad habits cause more accidents than drunk drivers. However, it is worse because even if you don't have an accident, you asking to have the police officer stop you, and if you have had anything to drink, 99% of the time you are going to jail. The latest thing to get people stopped by the

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-56323314310443347602011-11-12T14:10:00.000-08:002011-11-13T21:14:50.980-08:00

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DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-19357389080362733022011-04-12T16:02:00.001-07:002011-04-12T16:17:07.423-07:00

A recent DMV Hearing was held where the Hearing Officer, Ms. Kaur, LIED; GRANTED A SET ASIDE, then did an Ex Parte Communication with another Hearing Officer, and changed her mind, and did not grant the Set Aside. She refused to go on the record for part of the argument as to the Ex Parte Communication and had to be threatened with criminal action before she would divulge the other person's name

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com2tag:blogger.com,1999:blog-1587559881278326369.post-31245180157837128262010-11-13T07:39:00.000-08:002010-11-13T07:53:15.191-08:00

You cannot count on Google anymore. Google use to post the top DUI Lawyers by their proven content in their websites. The lawyer with the most useful and current information to the searcher ranked in the highest area to help the person in need of quality information. However, today, Google sells out for "Location over Quality". While it is true that Google continues to show and rank the

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com1tag:blogger.com,1999:blog-1587559881278326369.post-68513149047297683602010-11-13T07:29:00.000-08:002010-11-13T07:38:38.608-08:00

David Cassidy arrested in Florida for DUI. Cops say he swerved and failed field sobriety tests; there is a surprise. Just about every police report I have ever seen has the suspect swerving, and usually in a serpentine manner per training in the police academy, and fails the subjective (officer opinion) field sobriety tests. Then the press writes, and the star pled not guilty, of course. Now

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-51241414460512246192010-09-16T16:08:00.000-07:002010-09-16T16:30:10.574-07:00

California state law, California Code of Regulations, Title 17, requires that every laboratory have an "Approved Protocol" on file with the State Department of Health Services. The San Francisco Police Department, who earlier this year was shown by the San Francisco Public Defender to be hiding information of criminal actions by police officers, which prevented the defendant to show the bias of

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-80431584136749521952010-09-03T16:15:00.000-07:002010-09-03T16:33:18.191-07:00

In California in 2009, the California Supreme Court in a 7 to 0 decision said that a defendant charged with a "Generic DUI", that is being impaired by alcohol while driving (Vehicle Code Section 23152(a), has the right to bring in evidence that his or her Partition Ratio may not be the average that is set in all breath testing machines of 2100:1. If a person's Partition Ratio is higher than 2100

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-24027857387662142732010-09-03T16:02:00.000-07:002010-09-03T16:14:49.642-07:00

The San Francisco Police Department's Crime Laboratory operates the Intoxilyzer breath testing device, out-dated model 5000, series 6800EN, and they do it illegally. But, then who will arrest the cops, right!!!! A few years ago, with the help of the Los Angeles County Sheriff and some other very selected crime labs, they put a special committee together headed by a judge, close to all the

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-84529950610900448982010-08-29T01:19:00.001-07:002010-08-29T01:46:09.768-07:00

In 2009, the California Supreme Court decided a case called People v. McNeal with a "Unanimous 7 to 0 Ruling" stating that the defendant in a DUI criminal trial had the absolute right to present evidence of Partition Ratio if the District Attorney or City Attorney charged the defendant with a "Generic DUI Charge". A generic charge is California Vehicle Code Section 23152(a) driving while

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-73645115357660753512010-08-29T01:05:00.000-07:002010-08-29T01:18:45.350-07:00

In California, all breath testing devices are per-set in the software by law, at California Code of Regulations, Title 17, Section 1220.4(f) at 2,100 milliliters of breath to be converted to 1 milliliter of blood. This is based off the average person's breath with alcohol of 2100 to 1 which is written as 2100:1. True value of your alcohol level is in the blood which is what travels through

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-27938782285295753552009-08-05T06:34:00.000-07:002009-08-05T06:53:53.141-07:00

If you have been arrested in Oakland for Driving Under the Influence (DUI), and Oakland DUI, you have several things that you need to do immediately. Here is a start: First, do a chronology of the day and day before. Most people are arrested in the early morning hours, so you will want accurate information including the day before from the time you awoke and got up and ate breakfast all the way

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com1tag:blogger.com,1999:blog-1587559881278326369.post-77537206718430046642009-07-09T23:34:00.000-07:002009-07-09T23:35:00.727-07:00

The California Supreme Court just ruled in an appealed case, People v. McNeal, that a defendant in a criminal DUI trial charged with violations of California Vehicle Code Section 23152(a) has the right to provide evidence that the breath test may be flawed scientifically to the result for impairment because a persons blood to breath ratio, which is presumed as an average to be 2100/1, which may

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com1tag:blogger.com,1999:blog-1587559881278326369.post-83583129435118541952009-06-18T12:07:00.000-07:002009-06-18T12:07:37.538-07:00

Protest of Oscar Grant at Oakland, California can cause a change of venue. While most people are outraged at the shooting of Mr. Grant by the BART Police, they may actually be hurting themselves in seeking justice by the riots and now heavy protesting during the Preliminary Hearings that have just occurred. The demonstrations are so strong to convict the Officer who shot Mr. Grant of Murder

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com1tag:blogger.com,1999:blog-1587559881278326369.post-71206687848066777812009-02-16T19:14:00.001-08:002009-02-16T19:44:59.275-08:00

You just can't trust the Government. The Government has all the power because they have the money, and we have been taught that the police are here to help us. Sadly, this just is not always true. Recently, I went into trial where the arresting officer had died. Yet, the Government decided to proceed the charges of Driving Under the Influence by bringing in five (5) other police officers.

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com1tag:blogger.com,1999:blog-1587559881278326369.post-62848352894081200652008-09-03T16:13:00.000-07:002008-09-03T16:25:34.007-07:00

A new law goes into effect January 1, 2009 in California. Vehicle Code Section 23154. If you are under 21, you are required to take a Preliminary Alcohol Screening (PAS) test if stopped by the police and they believe that you have been drinking and you are driving. This is optional for people over the age of 21, and in fact, the law requires the police officer tell you that you have the

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com2tag:blogger.com,1999:blog-1587559881278326369.post-33856960119550340122008-09-01T10:50:00.000-07:002008-09-01T11:02:10.877-07:00

It is September 1, 2008, and the news reports show that one (1) person has been killed with alcohol related driving. This is the same as last year. Over-all, however, police have arrested fewer people for Driving Uner the Influence (DUI) this year as opposed to last year. This year, so far, there have been 209 people arrested for being allegedly DUI. Last year at this time the police had

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-44117645420688443312008-08-29T21:43:00.000-07:002008-08-29T21:56:07.890-07:00

The DMV hearing process is not exactly known for being a fair and impartial process. In fact, the Hearing Officer is also the Prosecutor trying to take you driving privilege, and then is suppose to be a fair and impartial judge; sure!!!! Nowhere in civil law does the Judge act as a Prosecutor. Nowhere in any civil case is hearsay allowed. Nowhere in California is a non-lawyer allowed to make

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com1tag:blogger.com,1999:blog-1587559881278326369.post-23210944792034527732008-08-29T12:32:00.000-07:002008-08-29T12:46:58.403-07:00

The police have already begun using funds for roadblocks, check point stops, for the Labor Day Weekend and it is only August 29, 2008. Remember, the best rule is don't drink and drive; have a designated driver. Have your license, registration and proof of current insurance already out and ready for the officer if you run into one of these check points. The Officer may ask you where you are

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0tag:blogger.com,1999:blog-1587559881278326369.post-27260543502261263522008-07-21T17:02:00.001-07:002008-07-21T17:02:53.887-07:00

January 14, 2007 If you are stopped for a DUI investigation, and you are in California, "Don't answer a bunch of questions about where you were coming from and where you are going. Don't answer questions about when you slept last and how long you slept, when you ate last and what you ate, what time you started drinking, stopped drinking, where you were drinking, what you were drinking and how

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com2tag:blogger.com,1999:blog-1587559881278326369.post-9837085112238870802008-07-18T14:24:00.000-07:002008-07-18T14:30:06.336-07:00

Recent DUI trials, especially GERD cases, have shown that the District Attorney (DA) will make a big deal out of the fact that you had people around with you when you were drinking, and none of those were willing to testify for you. In closing arguments, the DA will tell the jury if there was any truth to what the Defendant said during the trial, and he had witnesses, they would have testified,

DGDAttorneyhttp://www.blogger.com/profile/07241517680791263522noreply@blogger.com0