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Archives - July 2009

30
Jul

I WANT MY LAWYER! NOT GOOD ENOUGH FOR MIRANDA

The police, investigating a robbery, wind up at the defendant’s residence. They know he’s on parole. They arrest him for a parole violation. They do NOT advise him of Miranda; he says, “Well, I want a lawyer. Right now.” They bring him to the police station, advise him of Miranda, and he waives and confesses. …

30
Jul

San Dieego Dui Defense: San Diego County is Not one of the Counties that will Initiate a First Offender Ingition Interlock Device

The California Senate Public Safety Committee has cleared a bill which would require four counties to require first time DUI offenders to install Ignotion Interlock devices after conviction. The counties are Sacramento, Los Angeles, Alameda and Tulare. Note: There is a clear equal protection issue here. Additionally, the bill requires outside funding to take effect. …

10
Jul

SAN DIEGO DUI DEFENSE: PARTITION RATIO DEFENSE LIVES! AT LEAST ON A CHARGE OF DRIVING UNDER THE INFLUENCE

A breath test measuring alcohol involves a conversion from breath to blood; that conversion is the partition ratio. The machine testing the breath is set with a standard, which is supposedly the human average: 2100 to 1. But it turns out that partition ratios vary among people. In Bransford (8 Cal.4th 885), the Cal. Supremes …

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