Archive for November, 2010
Lawyers Attorneys Bankruptcy Modesto CA, Merced CA, Stockton CA, Drunk Driving,
www.benrobertslegal.com When should I consider bankruptcy? You should consider bankruptcy when you’ve been unemployed for several months and your prospects are questionable; it becomes evident you cannot pay your bills as they come due; you start considering using your VISA card to pay your MasterCard; you receive a letter from your mortgage company threatening foreclosure; you fear your car will be repossessed; your car HAS been repossessed; you’re considering a home equity loan to consolidate your bills; you’re considering cashing in your 401(k) or your IRA; you’re worried about protecting other assets; a creditor is threatening or has filed suit; you have significant IRS debt; you just can’t abide any more collection letters and phone calls. Call the law office of Ben Roberts today for a free consultation. 209 522 7500 or www.benrobertslegal.com We are a debt relief agency. We help people file for BANKRUPTCY RELIEF under the Bankruptcy Code.
Strategies for Defending DUI Cases in California: Leading Lawyers on Understanding the DMV’s Involvement in the Case, Reviewing Settlement Options, and … Your Client for Court (Inside the Minds)

Strategies for Defending DUI Cases in California is an authoritative, insider’s perspective on the best practices for mounting a defense against DUI charges in the state of California. Featuring partners and shareholders from some of the state s leading defense firms, these experts guide the reader through the most successful techniques for defending your client against a DUI charge, including utilizing expert witnesses, overcoming juror bias, and arguing against questionable test results. Explaining the involvement of the Department of Motor Vehicles in DUI cases, the authors examine the unique challenges of DUI law in this state and offer advice on how to overcome these obstacles. From understanding the various levels of DUI charges in California to examining breathalyzer technology, these experts illustrate the strategizing process a California defense attorney must go through in order to best serve a client. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating this complex area of law. Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world’s most respected companies nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked by the Inside the Minds editorial board to author a chapter for this book. Chapters Include: 1. Robert L. Grimes, Owner and Partner, Grimes & Warwick -”DUI Causing Fatalities or Injuries” 2. Darren T. Kavinoky, Founding Attorney, The Kavinoky Law Firm – “Knowledge as the Foundation” 3. Michael M. Brewer, Owner and Attorney, The Brewer Law Firm – “Tactically Developing Your Case” 4. Mark J. Geragos, Attorney, Geragos & Geragos – “DUI: From the Courthouse to the DMV” 5. Roger W. Patton, Attorney, Patton Wolan Carlise LLP – “Understanding and Interpreting Facts and Testimony” 6. Gregory Ian McMurray, Partner, Cruz & McMurray LLP – “Mounting a Defense from the Ground Up” 7. James Fishel, Partner, Fishel & Fishel – “Presentation of the Case and the Client Is Everything”
How Effective is the Ignition Interlock Device in Preventing Drunk Driving?
Over the past few decades there have been many preventive measures implemented to reduce the risks of drunk driving. The courts and motor vehicle departments have used traditional countermeasures such as fines, jail terms, and license suspensions to control drunk driving offenders. Now there are instruments like the ignition interlock device (IID) that are being used as punishment. However, the question that lawmakers have been asking is: How effective is the IID? Has it indeed lowered the reoccurrences of drunk driving in repeat offenders?
IIDs are instruments installed in automobiles that measure the alcohol on a driver?s breath. The driver provides a breath sample and if the IID detects alcohol, the car will not start. IIDs were developed and have been researched since the 1960s, however, it wasn?t until recently that these instruments have been used and accepted by the courts. California was the first state to enact legislation that authorized judges to order DUI offenders to install IIDs. California was also the first state in which the ignition interlock program was evaluated.
There have been a few studies in various states to determine whether or not IIDs are effective in reducing DUIs. The results of these studies have been mixed, although most of the results suggested that IIDs have reduced DUI reoccurrences in offenders. That?s only if the instrument remains in the car. However, once the IID is removed from the car, the chances of another DUI incident occurring goes back up. This suggests that IIDs are not going to actually change people?s behavior. It only prevents them from driving their own car when they?re drunk. They?re going to continue to drink whether or not the instrument is installed.
In September 2005 a study released by the Department of Motor Vehicles (DMV) in California concluded that IIDs can be effective at reducing the occurrence of subsequent DUIs. Unfortunately, judges have not always ordered DUI offenders to install an IID in their car. Technically, the IID is effective, but it?s the actual program that is not effective.
Based on the results of this September 2005 study, the researchers offered these recommendations to improve the program:
1. An improved monitoring system for DUI offenders ordered by judges to install an IID. It?s important for the courts to be consistent because installing the device does have a significant effect in reducing DUIs.
2. Allow second DUI offenders the chance to reinstate their driver?s license if they install the IID in their vehicle. This gives repeat offenders incentive to put in the device if the court does not mandate it. Another way to encourage offenders to install an IID is to reduce the period of license suspension.
3. Impound the vehicle of a person who is caught without an IID in their car. This applies to those people restricted to driving an IID-equipped vehicle.
4. Investigate the barriers to the use of the IID and find more effective programs to implement these devices. The DMV should have the responsibility of leading this task force and finding the resources to fund it.
5. Do not emphasize the use of the IID for first-time offenders. Currently there is no evidence that the device is effective at reducing the reoccurrence of a DUI in first-time offenders.
6. Continue to support the law that requires judges to order DUI offenders to install the IID in their vehicle.
The ignition interlock device is not going to be the key to completely wipe out drunk driving. However, preventative measures combined with consistent action is a step in the right direction.
Originally published here.
Maria Palma


