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New California Criminal Laws: Part Deux

To conclude the series, here’s the fab five we promised last week. Kids age 15 or younger must talk to a lawyer before the police interrogate them. This is Senate Bill 395. It amended the Welfare and Institutions Code to require that kids consult a lawyer before they waive their Miranda rights. They can do the Read More

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New California Criminal Laws in 2018

We’ve already touched on four of them: Recreational pot. A ban-the-box law for employers. An overhauled sex-offender registry beginning in 2021. New rules for picking juries in civil and criminal cases. Here are five more this week, with five more to come next week. Lawyers can advise clients on cannabis. This is Assembly Bill 1159. It amended the Read More

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The Right of Refusal in California DUI Cases

If you’re arrested for driving under the influence, and you’re asked to submit to a breath or blood test, remember that you still have a third choice. You can refuse to submit to such testing and face the consequences. What are those? You may lose your license for one-to-three years depending on your driving history; You’ll have to Read More

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If At First You Don’t Succeed

Here’s that DUI case we alluded to last week. It’s based on a driver’s challenge to his license suspension after his arrest. His post-arrest blood test showed a blood-alcohol concentration (or BAC) of 0.23 percent. He challenged this finding at the DMV’s administrative hearing and lost. He then petitioned the superior court to overturn that finding and lost Read More

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Orange County Crime Lab Announces Error that Affects Blood-Alcohol-Test Results in 2,200 Cases

In the real world, crime labs make mistakes, even in Orange County. Earlier this month came word that the Orange County Crime Lab had produced inaccurate blood-alcohol-test results in 2,200 driving-under-the-influence (DUI) cases that were filed this year. In recent days, the District Attorney’s office has issued letters to people whose cases may have been affected, including 900 people whose cases Read More

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