Different types of trials require different evidence. For example, a murder trial may include a weapon and DNA evidence. A DUI trial, on the other hand, requires quite unique evidence. This evidence is what your Vista DUI lawyer will need to fight to help you prove your innocence, so it is important to understand what specific forms of evidence will be used in a DUI case in San Diego.
The police officer’s testimony in a DUI trial can make or break your case. That’s because the officer will describe why he or she pulled you over, what made him or her believe you were drunk and a description of your behavior and the statements you made before and after your arrest.
While the courts trust the memory of a police officer far more than a civilian, they also accept that the police are human and do make mistakes, which is why a dashboard cam or conflicting officer testimonies can work to your advantage with the help of your Vista DUI lawyer.
Additionally, factors of the officer’s testimony can be brought into question by your attorney. For example, the officer may claim that you smelled like alcohol, but the reality is that he or she is usually only smelling the kind of alcohol your were drinking, not pure alcohol. This means that if you spilled wine on your shirt or were drinking a particularly pungent variety of gin, the officer easily could have smelled it, even if you were entirely sober by the time you drove. The police may also point out that you had blood shot eyes, something which can easily be explained away by exposure to cigarette smoke (a common occurrence at parties), a medical condition or fatigue.
Chemical Test Results
Chemical test results are the cornerstone of the prosecution’s DUI case. They include blood, breath and urine tests administered by professionals to evaluate whether or not you drank more than the legal limit or if you were under the influence of drugs. We already discussed how your Vista DUI lawyer can fight these test results in this article.
Field Test Results
The last common form of evidence in a DUI trial are your results in the field sobriety tests. While these tests are not mandatory and most DUI lawyers in Vista will urge you not to take them, many people are not aware of this until it is too late.
The field sobriety test results can be attacked by your Vista DUI attorney based on the fact the officer subjectively determines whether the person passes the tests. Additionally, unless a person is well coordinated or athletic, many sober individuals would not pass the field sobriety tests.
If you have been accused of drunk driving, remember, there is help. To speak with Vista drunk driving defense lawyer Peter M. Liss, please call (760) 643-4050.
We have previously discussed how the field sobriety tests are largely inaccurate, but as it turns out, one of the three standardized tests used by California police officers is so wildly inaccurate that one scientific study labelled the test a “deliberate fraud.” That is why it is so important to only work with a Vista criminal lawyer who is not only experienced, but who also keeps up on the newest news in DUI defense news.
The study’s results were released in the Journal of Forensic Science Society with the revealing title, “The Horizontal Gaze Nystagmus test: fraudulent science in the American courts.” If the headline wasn’t a big enough giveaway as to the study’s findings, here is a small excerpt of their research:
Bypassing the usual scientific review process and touted through the good offices of the federal agency responsible for traffic safety, it was rushed into use as a law enforcement procedure, and was soon adopted and protected from scientific criticism by courts throughout the United States. In fact, research findings, training manuals and other relevant documents were often held as secrets by the state. Still, the protective certification of its practitioners and the immunity afforded by judicial notice failed to silence all the critics of this deeply flawed procedure.
Despite the critiques of DUI lawyers in Vista and around the country, many courts and police officers consider the Horizontal Gaze Nystagmus test (the one that requires you follow the officer’s pen or finger with your eyes) to be the most important test of the three standardized field sobriety tests. According the study though, it is not only fundamentally flawed, but 95% of police officers administer the test incorrectly. The paper goes on to explain “his summary critique demonstrates that it is scientifically meretricious and that the United States Department of Transportation indulged in deliberate fraud in order to mislead the law enforcement and legal communities into believing the test was scientifically meritorious and overvaluing its worth in the context of criminal evidence.” Keep in mind, this is not something written by a Vista DUI defense attorney, but a group of scientists.
The researchers continue to argue that the continued use of the test is not due to its scientific validity, but to the fact that it has been used for so long that people assume it must be scientifically valid. In the study’s words, “The state’s argument for the field sobriety tests does not rest on proof of merit, but upon qui tacet consentit reasoning that those tests have been so widely accepted they must have been subjected to some kind of review prior to adoption in the many jurisdictions where they are used, that somewhere along the way someone would have spotted the flaws and shortcomings.”
While so many people assume that anyone charged with drunk driving must be guilty if the evidence is against them, Vista DUI lawyer Peter M. Liss knows this simply isn’t true. In fact, it is precisely because the evidence is so unreliable despite what the prosecution would have you believe that you need to work with a skilled DUI defense attorney in Vista.
If you are ready to schedule a free initial consultation with Peter M. Liss to discuss how he can help you fight your drunk driving charges, please call (760) 643-4050.
This blog may talk a lot about Vista criminal lawyer Peter M. Liss’ excellent reputation around the county, but it’s one thing to say that he has defended a number of high-profile cases in the area and has been interviewed repeatedly by many top news organizations and another thing to provide proof. The articles below serve as testimony that Peter Liss truly is one of the most respected criminal attorneys in Vista.
DUI Hit and Run Accident Resulting in Severe Injury of a Marine
In this case, an intoxicated woman involved in an accident with a US Marine fled the scene before authorities arrived. The woman, who had a BAC of .37, was scared, confused and left the scene not because she was avoiding responsibly, but because she wanted to tell her husband, who is also a Marine, what happened before he left for work.
While the defendant faced up to nine years in prison, as her Vista DUI defense lawyer, Peter Liss helped her secure a plea bargain for half of that sentence. Additionally, the bargain allowed the defendant to serve on a firefighting crew while in prison.
Right now, Peter Liss is defending a very high profile case involving a man accused of hitting and killing a three year-old boy with his car. The driver was exiting a driveway and hit and killed the boy. Once the driver realized what happened, he immediately exited the car and began trying to help.
While police initially arrested the driver on suspicion of drunk driving, a preliminary alcohol screening (the only test performed in this case) showed the defendant had a BAC of .02%, far below the legal limit of .08%.
He is still being charged with vehicular manslaughter, driving without a valid license and providing officers with false identification. The charges could result in a two and a half year jail sentence. Ultimately, the case will come down to whether or not the prosecution can prove that the driver was operating his vehicle in a negligent manner, which his Vista criminal attorney, Peter Liss, says he was not doing.
While more coverage of the case will undoubtedly end up in the press as the trial progresses, it has already been covered by the Union Tribune, Fox and KUSI.
If you have been charged with a crime, you want the best Vista criminal lawyer available. Peter M. Liss not only has a sterling reputation, he also offers affordable rates and has an office directly across from the Vista courthouse. If you are ready to schedule a free initial consultation, please call (760) 643-4050.
While you may have heard of SR-22 insurance in the past, you probably never paid attention until you had legal problems. So what exactly is a SR-22 and will you need it in order to get back on the road? Vista DUI lawyer Peter M. Liss explains.
You cannot get a restricted license or any license returned unless you file an SR-22 with the DMV. If you call your insurance company after setting up a policy, the company will file it electronically for you.
While the name refers specifically to the form submitted to the DMV that shows you have insurance, SR-22 is often referred to in terms of insurance policies available for people who need the proof of insurance. Because the certificate is necessary for drivers who have had their license revoked, some people refer to policies that include SR-22 certificates as “high risk insurance.” Not all companies offer such a service and those that do often charge higher premiums to those who need it.
Though drunk driving is the most common reason people need SR-22, other reasons include getting into an accident while uninsured, losing your license after the DMV declared you a negligent operator for obtaining too many points on your record or being convicted of reckless driving. If you stop paying your premiums or cancel your insurance during the mandatory SR-22 period, the company will send the DMV a SR-26 and your license will be suspended again until you turn in another SR-22. If you aren’t sure how long you will need SR-22 insurance, your Vista DUI attorney can let you know based on the specifics of your case, but most people need the documents for three years.
You do not need a SR-22 if you are not planning on driving, but in order to get your license after such a suspension, you will need to obtain the document. In order to get a restricted license before your official suspension is over, you will need to obtain SR-22 documents. Your Vista DUI lawyer can advise you on how to get your license back in the most timely fashion after a criminal driving charge.
If you have any questions about SR-22 documents, insurance and your right to drive after a DUI, please contact Vista DUI attorney Peter M. Liss at (760) 643-4050.
We’ve already discussed how diabetes and certain diets can result in a false positive on a breathalyzer test, but did you know that even something as seemingly minor as a fever can result in your being charged and convicted of drunk driving? It’s true, and that’s exactly why you should write down every detail of your DUI arrest as soon as your are released. A small detail like this can make all the difference when it comes to fight a drunk driving conviction with the help of your Vista DUI lawyer.
So how big of a difference can a fever have on your breathalyzer results? Well, a number of studies on the subject have shown that a one degree centigrade change in body temperature (about a 1.8 degree change in Fahrenheit), can change a breathalyzer test result by anywhere from 6.5% to 9%. That can easily push what would normally be a BAC of 0.07% over the legal limit of 0.08%. If you had a mild fever when you received a breathalyzer test, this could be critical information to your Vista DUI attorney.
This is particularly important when you consider that many cold remedies, like Dimetap and Nyquil, contain alcohol -some up to 25%. If you’re particularly small and took a cold medication to treat your fever, you could even be charged with drunk driving without ever having consumed an alcoholic drink.
Of course, while fevers are the most common reason a person’s body temperature has risen, if you were in a hot tub, exercised vigorously, or were in the hot sun before you were given a breathalyzer test, be sure to tell your Vista DUI lawyer as it may affect your case.
If you have been charged with drunk driving, remember that every detail can be important. Vista DUI lawyer Peter M. Liss will look at all potential defenses to your case to help you get the best possible outcome. If you have any questions or would like to schedule a free initial consultation, please call (760) 643-4050.
As technology ages, it becomes cheaper and more practical for the average citizen to own. Such is the case with breathalyzers, which can now be purchased at a variety of locations for anywhere from $15 to a few hundred dollars. While some people purchase these devices hoping to compete for the highest BAC at a party (a game that is incredibly dangerous and can easily lead to alcohol poisoning), others purchase these home breathalyzers hoping to better obey the law by ensuring they never drive with a BAC above 0.08%. But is this a good strategy? Will testing yourself with a home breathalyzer prevent you from getting a DUI? Vista DUI lawyer Peter M. Liss explains.
First, it’s important to note that even the best of these devices are not professional quality and your Vista DUI attorney cannot use a reading from one of these devices as evidence in court, other than to demonstrate that you were trying to be a safe driver. The different price ranges on these items testify to the accuracy of the devices themselves. If you buy a $15 breathalyzer test, it probably won’t be very accurate. And don’t ever believe a breathalyzer test that comes as an app on your phone or tablet.
Assuming you buy a top-of-the-line home breathalyzer test that has been approved by the FDA though, it could, potentially help you avoid driving while over the legal BAC limit and needing the services of a Vista DUI lawyer. But there are a few things you need to keep in mind. For example, even if you take one test and are under the legal limit, you should still wait another hour and ensure you are under the limit because the rate the body metabolizes alcohol could mean it hadn’t entered your blood stream at the time of your first test. Of course, even waiting one hour is not exact because everyone absorbs and eliminates alcohol at a different rate. Also, breathalyzers, even the ones used by the police, need to be re-calibrated from time to time, so if your settings are off, you will not get an accurate reading.
The biggest problem though, is that no breathalyzer is 100% accurate, so you could easily test under the legal limit on your home device and then fail a breathalyzer test at a police station later on. Additionally, you can still get a DUI for driving under the influence of alcohol or drugs even if you pass a breathalyzer test. So if you test at 0.07%, you could still be charged with a DUI if the officer believes that the alcohol in your system impacted your ability to drive. While this charge could easily be knocked down to a wet reckless, it would still end up costing you time and money.
The bottom line is that you should avoid driving if you feel the influence of alcohol, but a home breathalyzer test can help you double check if your BAC is over the legal limit. If you still are charged with drunk driving though, please contact Vista DUI attorney peter M. Liss at (760) 643-4050 to fight the charges.
By now, there is a good chance that you’ve seen or at least heard about Libertarian Chris Kalbaugh’s DUI video showing a police checkpoint that occurred on the Fourth of July. If you haven’t yet seen the video, you can watch it in its entirety above. But while it’s one thing to hear what Kalbaugh has to say about the legality of a DUI checkpoint and vehicular search, it’s another to hear a qualified DUI lawyer in Vista evaluate the actions of the police officers involved.
The first thing that happens in the video is that the officer asks Kalbaugh to roll his window all the way down. While Kalbaugh claims he does not need to do so, for safety reasons, police do actually have this right.
The officer then asks Kalbaugh how old he is, which, while the video claims that’s against the law, the officer has the right to do so at a sobriety traffic stop because different laws apply to those under the age of 21. While a San Diego DUI lawyer will generally advise you to invoke the Fifth Amendment regarding questions that involve where you are coming from or going because these types of questions can be used to gather evidence against you, you should answer all questions related to your identity.
After the officer asks the driver to pull over, Kalbaugh asks if he is being detained. The officer avoids answering the question. As the writing on the video points out, police need a valid reason to detain someone, and if a person is not being detained he or she has the right to leave the scene.
As for attempting to open the car door, Kalbaugh is wrong about this one. If the officer is going to have you exit the car, he has the right to open the door. If necessary, police can reach in to take the keys out of a car’s ignition or to restrain a driver who is attempting to assault the officer or civilians.
Kalbaugh is again wrong when he claims that the officer cannot ask him to see his driver’s license. Because these documents are technically property of the state, police can request a driver show them at any point. A Vista DUI attorney will always urge you to show your license to police officers when asked to during a traffic stop.
Once again, the text on the video is incorrect about the police having no right to search your vehicle without your consent. While they must have a probable cause, they do not need a warrant or consent -this is why the officers get the drug-sniffing dog to see if there are any drugs in the vehicle.
Kalbaugh claims that the drug dog only targeted his car at the command of his master, but according to a dash cam of the incident, police did later discover two marijuana seeds and a little residue in his car although this was edited from the video. Whether or not the officer caused the dog to scratch on the window wouldn’t matter when these drug substances were uncovered.
Eventually, Kalbaugh was released without being arrested, but if charges were brought up, this video would provide plenty of evidence for any Vista DUI attorney to fight the charges. That being said, it is important to remember to take the legal advice of those not in the legal profession with a grain of salt. Many of the “facts” Kalbaugh presents are actually untrue and believing legal fallacies could end up getting you in a lot of trouble if you are ever arrested.
Vista DUI lawyer Peter M. Liss is knowledgeable and experienced when it comes to DUI checkpoints and drunk driving traffic stops. If you have any questions about your rights in these situations, please call (760) 643-4050 to schedule a free initial consultation.
We’ve previously covered what you should do when you have been pulled over by a police officer who may believe you have been driving under the influence, but this time we’ll be discussing things you absolutely shouldn’t do during and after a DUI traffic stop in North County San Diego. While your Vista DUI lawyer can help you fight any charges you are facing, your case will be a lot easier if you don’t make any of these serious mistakes.
Providing more information than necessary. When you have been pulled over, you are legally required to answer questions about your identity. You are not required to answer any questions regarding where you have been, where you are going and whether or not you have been drinking. Do not provide this information. If the officer asks you questions that do not relate to your identity, politely say that you are invoking your Fifth Amendment right and will not answer any such questions.
Agreeing to take a field sobriety test or preliminary alcohol screening. If you are a minor, you are legally required to submit to a portable breathalyzer test when an officer requests you do so. Otherwise, you are not legally required to. No one is required to take a field sobriety test. Taking these tests will only provide the officer with more evidence, so you should never agree to take any tests other than the chemical test that occurs after you have been arrested.
Refusing to take a chemical test. Whereas you are not required to take any tests at the site of the traffic stop, the Implied Consent Law means you are legally required to take a breath or blood test. You have the right to choose which test you want to take, but refusing to take a test will not help your case. In fact, you will lose your license for a year for refusing a breath or blood test. The police may even obtain a telephonic search warrant and force you to take a blood test. The prosecutors will also charge you with a refusal to take a chemical test, which carries mandatory jail time.
Not contacting a Vista DUI lawyer as soon as you are released. You only have ten days to file for a license suspension hearing with the DMV and the longer you wait to find a Vista DUI attorney, the more details you will forget about your arrest. The tiniest details can sometimes change the results of a case, so contact a lawyer as soon as you can.
Failing to fight your DMV license suspension. The DMV license suspension hearing not only allows you a chance to protect your license, it also allows you and your Vista DUI attorney an opportunity to review and question the evidence against you. The experience serves as a sort of mini-trial that can make all the difference when it comes to preparing for the real trial.
Not taking the charges seriously. A DUI is a misdemeanor charge that will remain on your criminal record. It will result in the loss of your license, major fines and you could even be incarcerated for drunk driving. If you have been charged with driving under the influence, you need to act immediately to protect your record and your license.
If you were charged with drunk driving in Vista and have already made one or more of these mistakes, don’t feel like your case is hopeless. A top Vista DUI attorney like Peter M. Liss can help you fight the charges no matter what the individual circumstances of your case happen to be. If you have been charged with driving under the influence in North County, please call (760) 643-4050 to schedule a free initial consultation.
Everyone has heard the famous Miranda Rights speech on television and knows that when you’ve been placed under arrest, you have the right to remain silent. What most people don’t know whether those rights apply before they have been placed under arrest. When it comes to your right to remain silent, things can get a little fuzzy until the police read you your Miranda Rights. Vista DUI attorney Peter M. Liss can help clear up some of the confusion so that, with any luck, your silence will never be held against you.
When you are pulled over on suspicion of drunk driving, any Vista DUI lawyer will tell you that you should only answer questions about your identity and refuse to answer any other questions, particularly regarding whether you have been drinking, where you were or where you are going. You have the Fifth Amendment right to remain silent on your behalf…as long as you properly invoke that right.
Unfortunately, the US Supreme Court has determined that silence can be used as a sign of guilt when a person is not under arrest and has not been read his or her Miranda Rights. So how do you avoid letting your silence be used against you? You specifically need to state that you are invoking your Fifth Amendment right against self-incrimination. While the Supreme Court has said you need to expressly invoke your Fifth Amendment rights to gain its protection, there are no magic words that need to be spoken. If you say nothing, however, your silence before being arrested and Mirandized will be used against you. If you are exercise your constitutional rights and state that you are doing so, your Vista DUI attorney will ensure that your silence cannot be used against you later on.
If you are arrested for drunk driving, continue to invoke your right against self-incrimination and insist on speaking with a Vista DUI lawyer as soon as possible. In addition to ensuring your rights are protected, these requests will also show that you are knowledgeable about your rights so the police will not attempt to violate your rights while you are under custody.
If you have any questions about your right to silence in a DUI arrest or would like to schedule a free initial consultation, please call Vista DUI attorney Peter M. Liss at (760) 643-4050.
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