California Vehicle Code VC 23222 – Possession of Marijuana or Open Container While Driving

23222. (a) No person shall have in his or her possession on his or her person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.

(b) Except as authorized by law, every person who possesses, while driving a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, not more than one avoirdupois ounce of marijuana, other than concentrated cannabis as defined by Section 11006.5 of the Health and Safety Code, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding any other provision of law, if the person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, Sections 1000.1 and 1000.2 of the Penal Code are applicable to the person, and the court shall divert and refer the person for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept the person. If the person is so diverted and referred, the person is not subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, the person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his or her written promise to appear in court, as provided in Section 40500, and shall not be subjected to booking.

Amended Sec. 2, Ch. 384, Stats. 1998. Effective August 24, 1998.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23125 – Schoolbus or Transit Vehicle Drivers: Prohibition Against Use of Wireless Telephone

23125. (a) A person may not drive a schoolbus or transit vehicle, as defined in subdivision (g) of Section 99247 of the Public Utilities Code, while using a wireless telephone.

(b) This section does not apply to a driver using a wireless telephone for work-related purposes, or for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency service agency or entity.

(c) Notwithstanding any other provision of law, a violation of subdivision (a) does not constitute a serious traffic violation within the meaning of subdivision (i) of Section 15210.

Added Sec. 1, Ch. 505, Stats. 2004. Effective January 1, 2005.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23100 – Application of Chapter

23100. The provisions of this chapter apply to vehicles upon the highways and elsewhere throughout the State unless expressly provided otherwise.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Law – Miranda Warnings

A driver arrested on suspicion of drinking and driving typically is read his or her rights as the arrest is taking place. These rights are known as a Miranda warning, based on the U.S. Supreme Court’s historic Miranda vs. Arizona decision. If police do not advise a suspected drunk driver of his or her rights prior to questioning, any information gathered during the interview may be suppressed by the efforts of a skilled DUI / DWI defense lawyer from the Kavinoky Law Firm.

The exact wording of the "Miranda Rights" statement is not specified in the Supreme Court’s decision. Instead, law enforcement agencies have created a basic set of simple statements that can be read to accused persons prior to any questioning. Police agencies typically use the following statement to inform people of their Constitutional rights:

"You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to have an attorney present now and during any future questioning. If you cannot afford an attorney, one will be appointed for you at no cost."

If an arrestee is to be interrogated, he or she must first be informed in clear and unequivocal terms that he has the right to remain silent. The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court. The right to have a lawyer present during interrogation is indispensable to the protection of the driver’s Fifth Amendment rights. The Fifth Amendment privilege includes the right to remain silent, and the protection from incriminating statements used against oneself in a criminal prosecution.

Drivers held for interrogation must be clearly informed that they have the right to consult with a lawyer and to have the lawyer present during interrogation. In order to fully advise a person of his or her rights under this system, police must warn the driver not only that he or she has the right to consult with an attorney, but also that a lawyer will be appointed at no cost for individuals who cannot afford one.

If the individual voices a desire to consult with an attorney, the interrogation must cease until a lawyer is present. At that time, the individual must have an opportunity to confer with the attorney, and to have him present during any subsequent questioning. If drivers who cannot obtain an attorney indicate that one is wanted before speaking to police, investigators must respect the decision to remain silent.

However, an individual can be arrested without being read a Miranda warning. The purpose of a Miranda warning is only to protect a suspect from making incriminating statements during questioning. All police need to legally arrest a person is probable cause – a reasonable belief that an individual has committed a crime. Police are required to read the Miranda warning only before interrogating a suspect.

While failure to do so may cause any subsequent statements to be thrown out of court, the arrest may still be legal and valid. Also, police are allowed to ask routine questions such as name, address, date of birth, and Social Security number without reading the Miranda warning. Police can also administer alcohol and drug tests without warning, but persons being tested may refuse to answer questions during the tests.

The Miranda warning only governs communications and testimony. A violation of Miranda rights cannot result in the exclusion or real or physical evidence. This means that during a DUI / DWI investigation, an officer will use the way in which a statement is made against the defendant. For example, if the defendant had slurred speech or seemed disoriented, the officer may note these facts on the police report.

Typically, the central Miranda issue in DUI / DWI cases is whether the defendant was under arrest during an interrogation where he or she made incriminating statements. Generally, statements made prior to arrest are not subject to the Miranda decision. Generally, pre-arrest questions are only investigative in nature and normally occur during relatively brief traffic stops. Answers to questions such as "Where have you been?" or "Have you been drinking?" are typically admissible in a DUI / DWI case.

A traffic stop or a field sobriety test does not constitute an arrest, and, therefore, Miranda warnings are not required, regardless of whether the suspect has a right to refuse the tests. The privilege against self-incrimination is only a privilege against giving testimony against oneself, and does not protect the accused from giving real or physical evidence. Field-sobriety tests are physical evidence, not testimonial evidence, and do not violate the privilege against self-incrimination.

Police officers have been trained to ask questions and obtain as much information as they can before an arrest has actually taken place. The police do this to ensure that the statements will be admissible against the defendant. But if police ask questions after arrest, without advising a driver of his or her Miranda rights, any information obtained likely will be inadmissible. A California lawyer who focuses on drunk driving defense will seek to have any such evidence suppressed.

Alpine County Superior Court of California

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Alpine County Superior Court
14777 State Route 89, Markleeville, CA 961020
Phone: 530-694-2113; Fax: 530-694-2119

» Alpine County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

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List of Expert Witnesses for DUI / DWI Cases

1. Mary McMurray, Blue Mounds, WI. Chemistry degree. Previously worked for Wisconsin State Patrol on Intoxilyzer 5000 as instructor and maintenance tech. Extensive experience with BAC Datamaster, Intoximeter EC-IR and Draeger 7410 & 7110. Expert on preliminary breath testing-devices. Expert on software applications for breath instruments. Also former SFST instructor in 1980s and early 1990s. Mary’s e-mail: [email protected].
2. Jay Zager, Ft. Lauderdale, FL. Ex-cop in Broward County. Medical retirement after 15 years. CMI factory-trained on BOTH the Intoxilyzer 8000 and 5000. Repair technician approved by factory. Also, NHTSA SFST instructor. E-mail: [email protected]. Phone: 954-752-9788; FAX (954) 752-9788.
3. Robert (Bob) LaPier, (208) 754-4632, (800) 257-4643. SFST instructor. Ex-cop who has trained thousands of cops on SFSTs. DRE instructor. Accident reconstruction. Intoxilyzer 5000 maintenance and instructor certified. www.LaPier.com.
4. Steve Rubenzer, Houston, TX. E-mail: [email protected]; website: www.SteveRubenzerPhD.com; 11914 Astoria, Suite 490, Houston, TX 77089; Ph: 281-481-5715, Fax: 281-922-5903. Bachelor of Science, Psychology, University of Wisconsin, Oshkosh, 1981; Master of Science, Clinical Psychology, University of Houston, 1984; Doctor of Philosophy, Clinical Psychology, University of Houston, 1990; Licensed Psychologist in Texas since 1992. SFST instructor, plus has taken special courses on eye movements at the University of Houston College of Optometry that enable him to testify about HGN and similar eye movements. ABPP Diplomate in Forensic Psychology (one of 220 in USA), American Board of Professional Psychology.
5. Walden, Platt & Associates, Bryan, TX. Two Master Police Trainers (Troy Walden and Lance Platt) with Ph.D. degrees; retired from police work as NHTSA & IACP DRE and SFST trainers of the trainers; also handle in-depth police investigation and analysis of DUI / DWI case files and are available for testimony in court proceedings. www.WaldenPlatt.com. (979) 822-3060; Fax: (979) 822-3061. [email protected] or [email protected]. Supervise SFST Student and Instructor Courses across the USA.
6. Bob Awtrey, LaGrange, Georgia. Accident Reconstruction Specialist, phone: 706-645-1643; fax: 706-663-4081. Former mathematics teacher and then 20 years with Georgia State Patrol; taught reconstruction for Georgia law enforcement officers in statewide program. www.SouthEasternSafetyAssociates.com; E-mail: [email protected].
7. Stefan Rose, MD, Physician trained in General Psychiatry, Clinical Pathology and Forensic Toxicology, 10130 Northlake Blvd., Suite 214, #300, West Palm Beach, FL 33412, phone: 561-795-4452, Fax: 561-795-4768, pager 800-555-6449; [email protected]. Expertise in drugs, especially cocaine, plus expert on Intoxilyzer 5000, drug dog expert.
8. David Stafford, Ph.D, Memphis, TN; Toxicologist (formerly with University of Tennessee Medical School over 30 years, now retired); Breath, Blood, Urine, SFST. Drugs, Alcohol, arson investigation.
9. Pat Demers, Retired Pharmacist and Masters in Forensic Science. Formerly ran crime lab in Massachusetts. Currently resides in Maine. Phone: 207-636-2908; Cell: 207-459-0981; E-mail [email protected]; 124 10th Street, Acton, ME 04001.
10. Rick Swope, Davie, FL- SFSTs, Accident Reconstruction, Engineer – 8211 SW 28 Street, Davie, FL 33328. Office: 954-476-7640; Fax: 954-476-9224. Master’s Degree, Engineering; Ex-cop and Ex-DUI Task Force Officer. SFST Master Instructor. [email protected]; www.Swoperecon.com.
11. Edward F. Fitzgerald, JD, Mesa, AZ. Wrote book on Intoxication Test Evidence, general information on breath-test principles and blood/urine testing. E-mail at: [email protected]. www.Edwardffitzgerald.com.
12. Dr. Michael Hlastala, Ph.D. Breath testing-device expert, Professor of Lung Physiology and Biophysics and of Medicine, Seattle, Washington, Phone: 206-543-3166; Fax: (206) 685-8673; E-mail: [email protected]. Practicing since 1969, with over 350 published articles or books.
13. Dr. James Woodford, Ph.D., Chemistry, Chattanooga, TN; [email protected] or [email protected], Breath, blood, urine, drugs or alcohol. Also, attended first SFST student course in 1994.
14. Harvey Cohen, Ph.D, C.I.H., Cambridge Technical Associates, PO Box 920113, Needham, MA 02492. Phone: 781-449-4335, Fax: 781-449-1539, Co-Author of Harvey M. Cohen & Joseph B. Green, APPREHENDING AND PROSECUTING THE DRUNK DRIVER (Matthew Bender 2002). [email protected].
15. Dr. Robert Middleberg, Pharm. D., Ph.D., 3701 Welsh Road, Willow Grove, PA. Phone: 215-657-4900; Fax: 215-657-2972. Intoxilyzer 5000; pharmacology issues, toxicology. Currently directs the Forensic Toxicology Unit of National Medical Services, as well as serving as a laboratory director. Previously served as the Director of Expert Services for NMS, and coordinated medico-legal issues for courts, attorneys, etc.
16. Charles E. Smith, DUI Consultant, Ex-cop (23 years) with Factory Maintenance and Repair Training by CMI (40 hours); over 30 years of O-T-J training; SFST instructor; DRE instructor; plus has been court qualified to do retrograde work as a toxicologist in Florida (from job training, not educational degrees). SFST Instructor Training in 1983, plus has taught DRE course; Phone: 772-286-5761; fax: 772-286-6732; [email protected].
17. Francis Gengo, Pharm.D, Ph.D., Pharmacology; Toxicology; 64 Dan Troy Dr., Williamsville, NY 14221-3550, phone: 716-634-0915. See web information at www.Dentinstitute.com/document_26_4.php. Dr. Gengo currently serves as an Associate Professor of Pharmacy and Neurology and a Clinical Assistant Professor of Neurosurgery at the SUNYAB School of Medicine.
18. Steven W. Rickard, Accident Reconstruction Expert & Animation of Accidents. Prior PA State Trooper with over 30 years total experience. 1644 Whitley Drive, Harrisburg, PA 17111.
19. William C. Fischer, Endicott, NY. Phone: 607-785-5766; Fax: 607-748-8404, Accident Reconstruction and Vehicle Fault Expert.
20. David Sweeney, Conway, SC. Pharmacokinetics, Pharmacology, Infrared Breath Testing (BAC Datamaster and basic issues for Intoxilyzer 5000); effects of EITHER alcohol or drugs – prescribed and non-prescribed (contraband) – 843-241-3108 (cell); 843-347-0352 (work). E-mail: [email protected].
21. Tony Corroto, 17 years of police work with Atlanta PD – Master Instructor of Instructors in BOTH SFSTs and DREs – Oversaw breath test program & ran over 10,000 Intoxilyzer 5000 breath tests – Web site: www.DUIexpertWitness.com; E-mail: [email protected]; Phone: 404-906-2153; Fax: 770-693-9852.
22. Lawrence Masten, Ph.D in Toxicology, Board Certified in Toxicology; 873 West Bay Drive, 186, Largo, FL 33770. Fax: 727-595-0785; toll-free: 866-329-9262; [email protected]. Handles collection, transport, storage, and analysis of legal and hospital blood for BACs & the interpretation of BACs and factors that affect BAC readings and/or blood/urine drug levels. 33 years experience.
23. Dominick A. Labianca, Ph.D., Department of Chemistry, Brooklyn College of The City University of New York, Brooklyn, NY 11210; 718-951-5458. Expert in blood, urine, proper testing, conversion from serum to whole blood.
24. Dr. Alfred E. Staubus, Pharm.D., Ph.D.. Phone: 614-451-1406, Fax: 614-451-1407 (alcohol and drug issues; blood, breath or urine testing). E-mail: [email protected]. 1015 Kenway Court, Columbus, OH 43220.
25. Dr. David Schneider, Pharm D., BA in Biology; Practicing Pharmacologist for 30+ years, Royal Oak, MI. Phone: 313-577-1579; Fax: 810-545-2475.
26. William Giguiere, B.S. in zoology, with minors in chemistry and political science; grad studies in marine biology; Masters in secondary education to teach biological and physical sciences; graduate studies in toxicology, pulmonary functioning and respiratory therapy and in alcohol studies; presently working at Park-Gilman Clinics, Inc. Burlingame, CA 94010. Phone: 650-259-7564 or Fax: 650-259-7952.
27. David (Dave) Fries – Live Oak, FL; Intoxilyzer 5000, SFST Field Testing (Instructor) – 386-344-1770 cell; 386-658-2687 fax; [email protected]. Ex-cop with extensive experience on the Intoxilyzer 5000.
28. Kenneth Glaza, K & R’s Recording Studio, Inc., www.knr.net, V:(248)557-8276 F:(248)557-0441, forensic audio or video enhancement or filtering, plus other engineering services.
29. Bill Taylor, Standardized and Non-standardized Field Testing and Intoxilyzer 5000. Phone: 770-534-1501. E-mail: [email protected]. Ex-cop (27+ years) who has trained in excess of 3000 instructors and students on SFSTs. Retired Police Captain, in charge of the DUI task force. Formerly headed up State of Georgia original training on NHTSA SFSTs & alcohol/drug training for 3 years, after retirement as cop in 1991.
30. Dr. Terry Martinez, Toxicologic Associates Inc., 6614 Clayton Road, #107 Richmond Heights, Mo 63117; Phone: 618-345-0786; 618-367-8700; ext. 1404. Holds Ph.D. in Pharmacology. He is also an expert on methamphetamine manufacture cases.
31. Jerry W. Bush, MD, medical degree, University of Alabama; B.S. in Pharmacy, Auburn University (1st in class); Board Certified in Internal Medicine; background in pharmaceutical research; certified Independent Medical examiner; presently in private medical practice south of Atlanta. P.O. Box 39, Williamson, GA 30292.
32. Gil Snowden, Brick, NJ; [email protected]; Phone: 732-458-4014; Fax: 732-458-3449; former New Jersey State Police Breath Test Coordinator/Instructor and DWI/SFST instructor, now expert for breath-testing and SFSTs.
33. Mike McDermott, Forensic Audio & Tape Expert, Great Falls, VA. Phone: 703-757-0103; Fax: 703-757-0262; E-mail: [email protected].
34. Dr. David Benjamin, Ph. D., 77 Florence Street, Suite 107, Chestnut Hill, MA 02467. Phone: 617-969-1393, Fax: 617-969-4285. Alcohol or drugs are within his realm of expertise.
35. Joe Citron, MD, JD (board-certified ophthalmologist for 30+ years), Atlanta, GA. HGN guru (from both medical standpoint and SFST training) and other SFSTs (certified); Intox 5000 (factory certified instructor); medical testimony such as symptoms that mimic alcohol impairment after traffic accident; medical degree, Albert Einstein College of Medicine, NY; residency at Mayo Clinic, Rochester, MN – 404-261-2911 or 404-386-1100 or 404-784-5297. e-mail: [email protected].
36. Dr. Richard Saferstein, Ph.D., 20 Forrest Court, Mount Laurel, NJ 08054, (856) 234-7134 Voice, (856) 778-4841 Fax. Ph.D. in Chemistry. Noted author of books on Forensic Science. Former Chief Chemist for the State of New Jersey.
37. Stan Alari, Radar and Laser Expert, 412 North Pacific Coast Hwy #237, Laguna Beachm, CA 92651, 1-877-SOX RADAR; Fax: 760-406-6222; E-mail: [email protected]. Stanley Alari & Associates. www.StantherAdarman.com.
38. Joseph William Huff, Ph.D. in Physiology from Medical College of Georgia, Masters in Pharmacology from University of Georgia, B.S. in Chemistry with minors in Biology and Mathematics from West Georgia College, 118 Lyle Way, Carrollton, GA 30117, CEO, Materials and Surfaces, Ltd; Adjunct Professor, State University of West Georgia; 770-834-8611; Fax: 770-832-1028; [email protected]. Previously worked as Assistant Professor teaching Ophthalmology at the Bethesda Eye Institute.
39. Dr. Spurgeon Cole, Ph.D., Psychology (formerly with Clemson University); Expert in Psychophysical Testing protocol and devastating witness regarding the lack of scientific method in implementation of SFSTs and “Validation Studies”; 1040 McNutt Crossing, Bogart, GA 30622, (864) 710-1293 (cell), [email protected].
40. Dr. Ronald Nowaczyk, Ph.D., received BA from Northwestern University, MA and Ph.D. Miami University (Ohio), Associate Vice Chancellor for Economic and Community Development, Head of Department, Professor of Psychology, Office of Economic and Community Development, 300 E. First Street, 301 Willis Building, East Carolina University, Greenville, NC 27858; Phone: 252-328-6650, Ext. 231, Fax: 252-328-4356, E-mail address: [email protected].
41. Gil Sapir, Forensic Science Consultant, undergrad degree in Microbiology and Biology, Colorado State University, Master of Science in Criminalistics, University of Illinois-Chicago; JD degree, Chicago-Kent College of Law; extensive publications and law review articles on breath-testing deficiencies and SFST unreliability; has taken factory training on most breath-testing devices, including EC-IR, DataMaster, Intoximeter 3000. SFST trained. E-mail: [email protected]; P.O. Box 6950, Chicago, IL 60680.
42. Ron Lloyd, Villa Rica, GA, former Georgia State Trooper for 13 years; NHTSA SFST Instructor; DRE Instructor; Top Instructor in Georgia when he departed to be a private investigator and expert in DUI cases; Intoxilyzer 5000 operator trained (as a cop), but not a factory ‘technician”. (770) 463-8823 Business; (770) 463-8813 Fax; 12 North Alexander Creek Road, Newnan, GA 30263. E-mail: [email protected].
43. James Johnson, Polygraph Expert, Former Chief Polygrapher for U. S. Air Force (Europe), 11 Deerwood Drive, Litchfield, NH 03052-8004, 603-424-6365.
44. Lonny E. Horowitz, MD – Was an EMT prior to attending medical school; worked for 4 years during residency and internship in trauma units in NY and NJ area; can provide expert testimony about symptoms of traumatic head injury mimicking alcohol intoxication; also expert in diabetes, hypoglycemia and high protein diet issues for breath test interference defense. No training on breath testing-devices, but can explain how ketone conversion to isopropyl alcohol may be misread by an infrared device as ethyl alcohol. 770-393-3438. Woodstock, GA location. [email protected].
45. Forensic Gait Analysis Group, Two podiatrists [Dr. Clark D. Miller and Dr. Paul N. Greenberg] provide medical and scientific review of DUI-DWI suspects regarding foot function and gait analysis. Use computer technology to quantitatively measure and analyze gait patterns for purposes of refuting police claims of impairment as shown through field sobriety testing procedures. 212-794-2060 (NY) or 973-379-4965 (NJ). www.ForensicGait.com and E-mail at: [email protected].
46. Ronald Henson, Ph.D. Peoria, IL (309) 360-5614; P.O. Box 10706, Peoria, IL 61612-0706. Ph.D. (Dissertation: Workplace Drug & Alcohol Testing), M.P.A., B.S. Ex-police officer and previously worked for State of Illinois as an Instructor for Breath, Blood, and Urine Alcohol Testing and SFSTs. Expert experience with the Intoximeter EC/IR, Intoximeter 3000, AlcoSensor Models III & RBT IV, Intoxilyzer 5000 & 4011s, BAC Verifier, BAC DataMaster, portable breath-test devices, and related physiology and pharmacology principles associated with alcohol testing.
47. Dr. Sarah Kerrigan, Ph.D., Forensic Toxicologist. A Scotland Yard training toxicologist whose specialty is drugs that impair, Dr. Kerrigan received her BS in Chemistry/Analytical Chemistry and Toxicology and her Ph.D. in Chemistry in the field of drugs of abuse testing. Mailing Address: P.O. Box 7429, Houston TX 77248-7429; Office: 713 868 2440; E-mail: [email protected].
48. Dr. Gerald P. Simpson, Ph.D., 846 Woodlawn Dr, Thousand Oaks, CA 91360
49. Jan Semenoff, a factory-certified instructor for the Intoxilyzer 5000, and a former Canadian police officer. E-mail: [email protected]; Web site: www.itd2.com; offers breath training course for Intoxilyzer 5000.
50. J. Robert Zettl, Forensic Toxicologist (Bachelor of Science in Bacteriology with minor in Physical Chemistry; Masters in Public Administration), (Intoxilyzer 5000, blood tests; urine tests) Littleton, CO. E-mail: [email protected]; formerly with State of Colorado Alcohol Program for over 25 years.
51. Joann Samson, Ph.D., Toxicologist/Physiologist, NHTSA Certified Instructor, Breath, Blood and Urine Expert, 17 Princeton Street, Concord, NH 03301, (603) 229-0073; Fax: (603) 224-6933, [email protected] [Former State Toxicologist].
52. Thomas E. Workman, Esq., Patent Attorney with 30+ years in high-level computer software, firmware and hardware development; understands “Source Code” issues and analyze code and can testify about flaws in programs running breath computers. 41 Harrison Street, Taunton, MA 02780; 508-822-7777; Fax: 508-824-2420; E-mail: [email protected].
53. Wanda Marley, RN, BSN, CRNA, MS, PhD., Fort Collins, CO. Worked as Emergency Room and Intensive Care nurse, then Certified Registered Nurse Anesthetist (CRNA) in operating room for total of 16 years. Trained at Mayo Clinic in anesthesia, and got a Master’s degree at the University of Kansas, which stressed primarily pharmacology and toxicology. Taught physiology and pharmacology at Colorado State University for 7 years, after earning a Doctoral degree there, in physiology. Worked for 19 months as Senior Scientist at Rocky Mountain Instrumental Laboratory, then opened medical-legal consulting business. Testifies on DUI and DUID cases, particularly when the client has some medical problem or takes prescription meds which contribute some degree of psychomotor impairment. Website: www.RockyMedleg.com; E-mail: [email protected]; Phone: (970) 224-4587; Fax: (970) 224-1194.
54. Gary Lage, Ph.D, Toxicologist; can handle alcohol or drugs with blood tests, pharmacology issues; ToxLogics, Inc., 22 Bernard Street, Ewing, NJ 08628; (606) 883-9077; Fax: 609-883-9044; E-mail: [email protected]; Website: www.rtctox.com/lage.php.
55. John Woodward, Utica Toxicology Services, 737 3rd Avenue, #E, Chula Vista, CA 91910. Has been an expert for state in more than 2500 cases prior to moving over to independent labwork in criminal and civil cases. Phone: 619-420-8388; Fax: 619-420-4128; E-mail: [email protected].
56. Barry S. Reiss, Ph.D., 8006 Bellafiore Way, Boynton Beach, FL 33437, E-mail: [email protected]. Pharmacology expert witness for civil, DUI, DWI, and federal pharmacy law. Licensed in Florida and New York. Twenty-five years of experience in providing pharmacology expert witness testimony. Author of three books on Pharmacology; former pharmacology professor.

The Blood Alcohol Calculator (BAC)

Blood or Breath Alcohol Content (BAC) is a critical inquiry in nearly every drinking and driving arrest, whether DUI / DWI, driving under the influence of drugs (DUID), drunk driving, or any type of impaired driving case.

The BAC calculator below will allow you to predict your BAC at a given point in time based upon the number of drinks consumed over a period of time. Fill in the information required below for an estimate of blood or breath alcohol level.

Disclaimer: The Blood Alcohol Calculator is for information only. This conversion is not completely accurate and should not be used to determine if you are capable of driving. Your actual Blood Alcohol Level may vary, depending upon many factors, including body type, sex, health status, and many others. Every effort is made to ensure that the results yielded by the Blood Alcohol Calculator are correct; however, do not rely upon this information to decide whether or not it is safe or lawful to drive. Because impairment may occur at any Blood Alcohol Level, we can only recommend that you not drive with any measurable amount of alcohol in your system.

Online Blood-Alcohol Content Calculator (BAC) Beer Wine Shot Fluid Ounces 12 4 1.5 Alcohol Content 4% – 4.5% 15% – 20% 30% – 50% Fluid Ounces Consumed Percent Alcohol Your Weight (Lbs) Hours Consuming Drink BAC Percentage BAC Analysis

 

California Vehicle Code VC 13352.6 – DUI Conviction: Persons Under 21: Required Suspension

13352.6. (a) The department shall immediately suspend the driving privilege of any person who is 18 years of age or older and is convicted of a violation of Section 23140, upon receipt of a duly certified abstract of the record of any court showing that conviction. The privilege may not be reinstated until the person provides the department with proof of financial responsibility and until proof satisfactory to the department, of successful completion of a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code has been received in the department’s headquarters. That attendance shall be as follows:

1. If, within 10 years of the current violation of Section 23140, the person has not been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 655 of the Harbors and Navigation Code, or of Section 191.5 of, or paragraph (3) of subdivision (c) of Section 192 of, the Penal Code, the person shall complete, at a minimum, the education component of that licensed driving-under-the-influence program.
2. If the person does not meet the requirements of paragraph (1), the person shall complete, at a minimum, the program described in paragraph (1) of subdivision (c) of Section 11837 of the Health and Safety Code.

(b) For the purposes of this section, enrollment, participation, and completion of the program shall be subsequent to the date of the current violation. Credit for enrollment, participation, or completion may not be given for any program activities completed prior to the date of the current violation.

Added Sec. 2, Ch. 1063, Stats. 2000. Effective January 1, 2001.Amended Sec. 5.5, Ch. 550, Stats. 2004. Effective January 1, 2005.

» Return to California Vehicle Codes

Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 13361 – Grounds for Suspension

13361. The department may suspend the privilege of any person to operate a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person has been convicted of any of the following crimes or offenses:

1. Failure to stop in the event of an accident resulting in damage to property only, or otherwise failing to comply with the requirements of Section 20002.
2. A second or subsequent conviction of reckless driving.
3. Manslaughter resulting from the operation of a motor vehicle as provided in paragraph (2) of subdivision (c) of Section 192 of the Penal Code.

In any case under this section the department is authorized to require proof of ability to respond in damages as defined in Section 16430.

Amended Ch. 6, Stats. 1985. Effective February 21, 1985.

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California Vehicle Code VC 13374 – Refusal to Issue or Renew, Suspension, or Revocation of Ambulance Driver Certificate: Hearings

13374. (a) ( )1 An applicant for, or the holder of, an ambulance driver certificatewho has received a notice of refusal, suspension, or revocation may submit, within 15 days after the notice has been mailed by the department, a written request for a hearing. Upon receipt of the request, the department shall appoint a referee who shall conduct an informal hearing in accordance with Section 14104. Failure to request a hearing within ( )2 15 days after the notice has been mailed by the department is a waiver of the right to a hearing. A request for a hearing shall not operate to stay the action for which notice is given.

(b) Upon conclusion of an informal hearing, the referee shall prepare and submit findings and recommendations through the department to a committee of three members one each appointed by the Director of the Emergency Medical Service Authority, the director, and the Commissioner of the California Highway Patrol with the appointee of the Commissioner of the California Highway Patrol serving as chairperson. After ( )3 a review of the findings and recommendations, the committee shall render a final decision on the action taken, and the department shall notify the person involved of the decision.

Amended Sec. 6, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

1. Whenever the department refuses to issue or renew, or suspends or revokes, an ambulance driver certificate for any cause, the person involved may, within 10 days after receiving notification of the action, submit"
2. "10 days after receiving a notice given under this section"
3. "the"

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.