Refusal to Submit to an Drug Test
What if I refuse the breath test in a CA DUI?Apr 09, 2012
More info at www.shouselaw.com 888.327.4652 California DUI law, like that of most other states, contains an "implied consent" rule. This law states that if you drive a car in California, and are lawfully arrested for a California DUI, you are deemed to have given consent to the chemical testing of your: blood, breath, or urine (only in cases where you are suspected of driving under the influence of drugs). Simply put, this means that you must submit to a chemical breath or blood test to determine the alcohol and/or drug content in your body after you have been lawfully arrested for a California DUI. "After" is the operative word. The hand-held Preliminary Alcohol Screening (PAS) test that may be offered at the side of the road before you get arrested is not mandatory under this law. The PAS test is considered a field sobriety test (FST)...and FSTs are just tools to help the officer decide whether to arrest you for DUI. This means that submitting to the PAS and then refusing to submit to a subsequent chemical test after your arrest will be considered a refusal. A DMV hearing (called an Administrative Per Se or APS hearing) is conducted to determine whether the motorist willfully refused the blood or breath test. If you lose the hearing, the penalties and punishment for a chemical test refusal in California will include: *A one-year driver's license suspension for your first DUI offense, *A two-year license revocation for your second DUI offense within ten years, or *A ...
Pacquiao VS Mayweather in 2011........May 16, 2012
Created By: Rex S. Navasca ..Sports writers and radio hosts are calling Floyd "Money" Mayweather everything but chicken sh*t, claiming the fight of the century between him and Manny Paquiao is being stalled by Mayweather. This mega fight was supposed to happen last year, but Pacquiao refused to submit to Olympic-style drug testing. Now Bob Arum, Pacuiao's promoter, says Pacquiao will commit to the testing, but they've heard nothing but crickets from Mayweather's camp. Pacquiao has decided to move on to fight Miguel Cotto on November 13th or fight disgraced fighter Antonio Margarito. "I'm as baffled as anyone," promoter Bob Arum said. Mayweather hasn't offered much insight himself, telling the Associated Press on Sunday that he was enjoying being on vacation and enjoying hanging out with his family and friends. There's speculation that he's waiting to see what will happen with his uncle Roger's trial next month on assault charges. "I'm not interested in rushing to do anything," Mayweather said. In other words, Bob Arum, "You don't own me!" Arum was trying to step up the pressure on Mayweather, but his heart doesn't seem in it. On a Monday phone call, he sounded resigned to moving on: "What am I supposed to do? The kid is under no obligation to fight again this year, and I can't make him fight." Mayweather's silence prompted Arum to hold a midnight conference call over the weekend, where he announced the possible Cotto or Margarito fights. Neither of those fights has much ...
DWI Attorney El Paso: How Best to Prepare for your DWI DefenseFeb 29, 2012
El Paso DWI Attorneys and Criminal Defense Attorneys defending DWI and Criminal Cases in El Paso and the surrounding areas. For more information please call: 915-317-1933 and visit www.dwielpaso.com How best to prepare for your DWI Defense Are you or someone you love facing DWI charges in Texas? This video presentation will help you better understand how to best prepare for your defense. DWI charges are serious. Learning as much as you can about your laws and the strategy of your defense is going to help you lessen the charges against you. One of the key things you can do is to create an events journal. This will help you get the facts straight in your mind and help your attorney shape your defense and give you the best chance in court. The following slides are suggestions on the information that you should gather when preparing for defense: First thing you want to document is your sleep pattern. Simple things is When did you go to sleep? How many hours did you sleep? How many hours have you been awake? These are all important. The next thing you want to do is document everything to do with the eating and drinking you did the night of your arrest, by the time of your arrest. The next thing you want to do is document who, what, when and where. This slide has a series of questions that you want to be mindful of when creating your events journal to document the details surrounding your arrest. The next thing you want to do is document the specifics regarding the location ...
Pacman defeats Floyd!!May 13, 2012
Sports writers and radio hosts are calling Floyd "Money" Mayweather everything but chicken sh*t, claiming the fight of the century between him and Manny Paquiao is being stalled by Mayweather. This mega fight was supposed to happen last year, but Pacquiao refused to submit to Olympic-style drug testing. Now Bob Arum, Pacuiao's promoter, says Pacquiao will commit to the testing, but they've heard nothing but crickets from Mayweather's camp. Pacquiao has decided to move on to fight Miguel Cotto on November 13th or fight disgraced fighter Antonio Margarito. "I'm as baffled as anyone," promoter Bob Arum said. Mayweather hasn't offered much insight himself, telling the Associated Press on Sunday that he was enjoying being on vacation and enjoying hanging out with his family and friends. There's speculation that he's waiting to see what will happen with his uncle Roger's trial next month on assault charges. "I'm not interested in rushing to do anything," Mayweather said. In other words, Bob Arum, "You don't own me!" Arum was trying to step up the pressure on Mayweather, but his heart doesn't seem in it. On a Monday phone call, he sounded resigned to moving on: "What am I supposed to do? The kid is under no obligation to fight again this year, and I can't make him fight." Mayweather's silence prompted Arum to hold a midnight conference call over the weekend, where he announced the possible Cotto or Margarito fights. Neither of those fights has much appeal, but Arum controls both ...
Defense to Refusal to take breath testAug 14, 2011
ALL law enforcement officers in this State who place a person under arrest for a DWI violation (NJSA 39:4-50) are required to use the attached April 26, 2004 revised Standard Statement. Officers who place a person under arrest for a CDL/DWI violation (NJSA 39:3-10.13) or operating a vessel while intoxicated (OVWI) violation (NJSA 12:7-46) are to continue to use the Standard Statements for those offenses, as revised effective February 1, 2001. Please note, however, that the content of the Standard Statements cannot be altered or changed in any manner, and cannot be translated to any other language." If the police officer reads an out dated statement, or does not read the statement "word for word", the refusal must be dismissed. The Appellate Division in State v Kayes reversed the Refusal where officer read outdated statement. State v. Kayes (App. Div. decided October 19, 2004). A-759-03T3, unreported Convictions for refusing to submit to chemical tests and indecent exposure by urinating in public reversed; because the police officer read an outdated standardized refusal statement to the defendant, his conviction for refusing to submit to a chemical test was reversed; the officer's failure to sign the complaint did not require the dismissal of the urinating in public charge because the statute of limitations under the ordinance was one year and because the direction of the Municipal Court to the officer to sign the complaint cured the defect within the limitations period ...
We are Torrance Criminal Defense Lawyers, Torrance DUI Defense Lawyers.Aug 08, 2011
Subscribe: www.youtube.com Add us: www.facebook.com Follow us: twitter.com Read about us: www.toptorrancelawyers.com Arrested in Torrance? Redondo Beach? Hermosa or Manhattan Beach? Our South Bay Lawyers Can Help. A few things you should know about how a DUI arrest will affect your Driver's License and what issues arise in the DMV's determination whether you should keep your license or whether it should be suspended for a minimum of 30 days (in non-refusal cases): TEMPORARY LICENSE: The usual practice of DUI arresting officers is to confiscate your physical California Driver's License and issue you a pink piece of paper entitled "Administrative Per Se Suspension/Revocation Order and Temporary Driver License". The paper will include the law enforcement agency case number, arrest date, your personal information and what kind of DUI arrest it is, whether it is any of the following: - .01% or more BAC DUI probation ("any measurable amount of alcohol"), - .04% or more BAC/Commercial Vehicle, - .08% or more BAC Chemical Tests Results, - PAS or other Chemical Test Refusal while on probation for DUI, - Chemical Test Refusal, - or an arrest where blood had to be forcibly drawn. The temporary license will have the officer's printed name, badge number, arresting agency, area, court code and "Issue date of order." DMV HEARING: The scope of the DMV hearing is limited to the following issues: 1) Did the police officer have reasonable cause or believe that the DUI suspect had been ...
Lindsey Lohan Cries in Court. Gets 90 Days in JailNov 05, 2011
lindsey lohan gets 91 days in jail on 7-6-10 and is set to start on july 20 2010 7-20-10 Now we have a better idea what Lindsay Lohan was scribbling in court Tuesday before she was sent to the slammer. And for her sake, let's just hope the judge can't see the fine print. Close-up photos reveal that the probation-violating starlet had written "F--k U" on her middle fingernail, not the kind of message she'd want to send to the person about to hand her 90 days in jail for failing to attend alcohol-education classes as stipulated in her 2007 DUI case. Throughout yesterday's proceedings, Lohan frequently had her hands curled underneath her chin, her middle finger aimed in the direction of the witness stand and Judge Marsha Revel, whose sentence would later prompt a teary LiLo to burst into hysterics. Adding to the histrionics, before learning her fate, Lohan had a run-in earlier in the day with a process server who served her legal papers in a lawsuit. The server—who, as irony has it, works for a company called Tough as Nails—approached Lindsay at about 8:25 am, while she was in the elevator of the Beverly Hills courthouse, about to enter Revel's courtroom. Lohan reportedly "freaked out," demanding the server be removed from the elevator and refusing to take the paperwork. The server tossed the legal docs on the ground at her feet, which under California law is good enough for Lohan to have officially been "served." The 24-year-old actress is being sued by Tough as Nails for ...
2010 Major Municipal Court and Criminal Cases 1-8.movAug 12, 2010
2010 Major Municipal Court and Criminal Cases 1. Refusal Stands Even if Driver Does Not Understand English. State v. Marquez 408 NJ Super. 273 (App. Div. 2009) The police have no constitutional obligation to translate into Spanish the standard statement under the breath-test refusal statute, NJSA 39:4-50.2(e), to a licensed New Jersey driver arrested for drunk driving who does not understand English. The court reaffirms the Law Division's holding in State v. Nunez, 139 NJ Super. 28, 32-33 (Law Div. 1976), that no such translation is required. However, the court recommended that, as an administrative matter, the Motor Vehicle Commission prospectively consider having the standard statement translated into Spanish and perhaps other prevalent foreign languages. 1b State v Kim A-3863-08T4 3-18-10 Defendant's conviction for refusal to submit breath samples, NJSA 39:4-50.2 and NJSA 39:4-50.4a, is affirmed because the State is not required to prove he understood the standard statement read to him in English, State v. Marquez, 408 NJ Super. 273 (App. Div.), certif. granted, 200 NJ 476 (2009), and on procedural grounds because defendant failed to move to exclude evidence of his refusal or present evidence that created a material issue as to his ability to understand English. 2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case. Melendez-Diaz v. Mass 129 S.Ct. 2527 (2009) Defendant's drug conviction is reversed, where the trial court's admission of the prosecution's ...
30. Esomeprazole as an Example of Drug Testing and UsageApr 12, 2012
Freshman Organic Chemistry (CHEM 125) The chemical mode of action of omeprazole is expected to be insensitive to its stereochemistry, making clinical trials of the proposed virtues of a chiral switch crucial. Design of the clinical trials is discussed in the context of marketing. Otolaryngologist Dr. Dianne Duffey provides a clinician's perspective on the testing and marketing of pharmaceuticals, on the FDA approval process, on clinical trial system, on off-label uses, and on individual and institutional responsibility for evaluating pharmaceuticals. 00:00 - Chapter 1. Introduction: The Chemical Properties and Reactivity of Prilosec 06:58 - Chapter 2. The Economics of Clinical Trials 19:57 - Chapter 3. Duffey: How Do I Know that the Drug is Effective? 30:26 - Chapter 4. The Phases of Clinical Trials, Results for Esomeprazole and Omeprazole, and Off-Label Use 42:01 - Chapter 5. Pharmaceutical Marketing Mentality and Q&A Complete course materials are available at the Open Yale Courses website: open.yale.edu This course was recorded in Fall 2008.
If You Are Arrested for DUI, You Have 10 Days to Request DMV Hearing.Aug 08, 2011
Add us: www.facebook.com Follow us: twitter.com Visit us: www.mcgregor-ernenwein.com Read about us www.toptorrancelawyers.com TEMPORARY LICENSE: The usual practice of DUI arresting officers is to confiscate your physical California Driver's License and issue you a pink piece of paper entitled "Administrative Per Se Suspension/Revocation Order and Temporary Driver License". The paper will include the law enforcement agency case number, arrest date, your personal information and what kind of DUI arrest it is, whether it is any of the following: - .01% or more BAC DUI probation ("any measurable amount of alcohol"), - .04% or more BAC/Commercial Vehicle, - .08% or more BAC Chemical Tests Results, - PAS or other Chemical Test Refusal while on probation for DUI, - Chemical Test Refusal, - or an arrest where blood had to be forcibly drawn. The temporary license will have the officer's printed name, badge number, arresting agency, area, court code and "Issue date of order." DMV HEARING: The scope of the DMV hearing is limited to the following issues: 1) Did the police officer have reasonable cause or believe that the DUI suspect had been DRIVING a motor vehicle in violation of section 23152 or 23153 of the Vehicle Code? 2) Was the DUI suspect LAWFULLY ARRESTED? 3) Was the DUI suspect driving a motor vehicle when he had 0.08% OR MORE by weight ALCOHOL in his or her blood? If the DUI suspect is alleged to have refused the chemical test to measure his or her BAC, then the issues are ...
Chris Brown Homophobic Slurs and Lindsay Lohan Parties Can they do What they Want?!Feb 22, 2012
Chris and Lindsay can do What they Want! Chris Brown Dodges Parking Ticket Drops Gay Slur Can Chris Brown and Lindsay Lohan do what they want? Chris Brown has found himself in the midst of controversy again this time after he was threatened with a parking ticket C-Breezy had parked his car illegally and was in the process of sweet-talking a female police officer into letting him off easy which succeeded after Chris was cleared he dropped several racially insensitive and homophobic slurs at the cameramen and accused the present law enforcement of calling the paparazzi It was Reported that Brown said, "Y'all n----- is weak. Did you all call them to try and film me? Y'ALL N----- IS GAY." It was reported that she violated her probation from a 2007 DUI case by testing positive for alcohol this month, troubled Lindsay Lohan was able to avoid getting sent back to jail yet again on Thursday (June 23) when she appeared in court on the allegations In this case the actress dodged a legal bullet on a technicality one that will seemingly allow her to serve out the rest of her home confinement on a recent misdemeanor theft charge without having to go behind bars Its reported that the judge ruled on Thursday that the prior judge in the case only required controlled-substance testing from January 3 to February 25 of this year Lohan's probation report made a strong recommendation that the actress be sent back to jail because she seems unable to stop partying The report submitted to the ...
DUI Lawyers Southfield MI | (248) 469-0130Mar 01, 2012
allcriminalcases.com DUI Lawyers Southfield MI (248) 469-0130 Laws pertaining to driving under the influence of alcohol or drugs differ from state to state, but in every state, it is a crime to drive while impaired by these substances. In Michigan, the Zero Tolerance blood alcohol concentration is .02. "Per Se" blood-alcohol concentration (BAC) level is the level at which a driver is intoxicated by law. In every state that level is .08. Every state has "Implied Consent" laws. These laws state that drivers are under suspicion of a DUI must submit to a chemical test (breath, blood, or urine), and there are penalties for refusing these tests. If you need a great DUI lawyers Southfield MI contact us at Jonathan M. Jones, Attorney at Law, PLLC 17000 W. Ten Mile Road, 2nd Floor Southfield, MI 48075 (248) 469-0130 goo.gl
DUI Attorney Indianapolis: Creating a Journal to Help your DUI Attorney Defend Your CaseMay 28, 2011
How to best prepare for your DUI case: Preparation in DUI cases is very important. This Video will give you some ideas how to best prepare for your case. For more information please call: (317) 522-1953 and visit www.duiindianapolis.com Are you or someone you love is facing DUI charges in Indianapolis? This presentation will help you better understand the best way to prepare for your defense. Remember preparation is key. DUI charges in Indiana are serious and preparation for your defense is imperative. Creating an Events Journal will help your attorney shape your defense strategy and give you the best chance to fight the charges. The following slides are suggestions on the information you should gather for your attorney while preparing your case. Remember the more detail, the better. We recommend you create this events journal in beginning with your sleep history. For example these maybe some things you want to include in you journal. What time you went to bed? How many hours of sleep you got? Is there any reason you could be considered sleep deprived? We also suggest you include the information on what you had to eat or drink before your arrest? And how many alcoholic drinks did you have, as well as how many did you have after the arrest? What kind of alcoholic drinks did you have? Again details are important, document everything. Who? What? Where? When? These are all things that are important in describing the details of your event. We also suggest you document details ...
The Drugging of Our ChildrenMay 05, 2012
Gary Null examines the increasingly common practice of prescribing psychotropic drugs for children - including preschoolers as young as age 2 to 4 - who have been diagnosed with ADD, or ADHD.In the absence of any objective medical tests to determine who has ADD or ADHD, doctors rely in part on standardized assessments and the impressions of teachers and guardians while the they administer leave little room for other causes or aggravating factors, such as diet, or environment. Hence, diagnosing a child or adolescent with ADD or ADHD is often the outcome, although no organic basis for either disease has yet to be clinically proven. Psychiatrists may then prescribe psychotropic drugs for the children without first without making it clear to parents that these medications can have severe side-effects including insomnia, loss of appetite, headaches, psychotic symptoms and even potentially fatal adverse reactions, such as cardiac arrhythmia.And yet, despite these dangers, many school systems actually work with government agencies to force parents to drug their children, threatening those who refuse with the prospect of having their children taken from the home unless they cooperate.To some, this looks like institutionalized child abuse in the name of mental health, where naturally active and inquisitive children are drugged into submission while the pharmaceutical industry prospers. New York Times bestselling author, Gary Null, Ph.D., an acclaimed documentary filmmaker and ...
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