The Law Office of Christopher A. Lamiero

Dublin California Criminal Law Blog

DUI defense limited after pair attempt to switch seats

It can often be difficult to defend against a DUI, especially if police officers test blood alcohol content. Recently, a California man tried to help his DUI defense by allegedly switching seats with his passenger who the pair believed was less intoxicated. However, officers noted that both individuals were under the influence and arrested the pair.

The incident took place following a hit-and-run collision in Petaluma. Police pulled over a car around 9 p.m that matched the description of the vehicle involved in the collision. Inside the vehicle was a 28-year old California man and a 28-year-old woman from Wisconsin.

Strangulation common in domestic violence incidents

The actions that lead to assault charges can vary greatly from single hits to deadly force. In domestic violence incidents, strangulation is a type of assault that is often present but not always well understood. California individuals involved in this kind of criminal accusation on either side may be interested in some of the recent research around strangulation in domestic incidents.

According to the Training Institute for Strangulation Prevention in San Diego, California, between 30 and 70 percent of women who experience domestic violence have also experienced strangulation. Strangulation can have many health and safety consequences, both during the assault as well as afterwards. Often, people who are strangulation victims will appear normal afterwards at the scene, but this is not always the case.

DUI defense and arrest data challenges Sonoma County assumptions

When people operate a motor vehicle after having too much to drink, they can often face serious consequences. In parts of California known for a drinking culture, such as Sonoma County with its 425-plus wineries, many blame establishments that serve alcohol. It is a common conception that that the majority of drunk driving charges is related to tourists having one too many samples, but arrest data from the area tells a different story about the typical DUI defense in the area.

More than seven million people visit Sonoma County each year, over 65 percent of whom cite wine and beer as their reason for visiting. Locals may think these individuals are behind DUIs in the area, but arrest data clarifies that residents are more likely to be arrested for drunk driving. These people typically imbibe at home, a bar or a restaurant.

Yes, police can lie to you during interrogation

Many times people will read or hear about innocent people confessing to a crime and react with skepticism. Why would someone confess to a crime they didn’t commit? The answer to that is easy: the police and investigators are skilled in interrogation. There are widespread public misconceptions about what law enforcement can and cannot do. Police can and do lie to you. It is a common interrogation technique. The following examples illustrate common police tactics that are entirely constitutional: 

  • Insist they hold evidence against you that doesn’t exist.
  • Lie about witnesses to the crime.
  • Lie and tell you they are going to stop recording your conversation to talk “off record.”

Reuben Foster enters final plea in domestic violence arrest saga

It can be challenging to have a court case play out in the public eye, especially one that is high-profile. This is one of the issues San Francisco 49ers inside linebacker Reuben Foster and his former girlfriend faced throughout the media frenzy following his domestic violence arrest. Recently, Foster entered a plea of no contest for a misdemeanor weapons charge, which is the final charge related to the arrest. He was sentenced to community service and probation by a California court. All other charges were dropped.

The arrest in question occurred in Feb. 2018 in Los Gatos. The arrest occurred after Foster's then girlfriend accused him of domestic violence. He faced two felony charges following the incident. The charges were later dropped after the ex-girlfriend testified that she had lied about his abuse.

DUI arrests drop dramatically in California cities

Dublin is in a unique spot. Close enough to Oakland, San Francisco and San Jose for big-city cultural, social and sporting events, but far enough away that don't have their gridlock and urban congestion.

One aspect of the more intensely urban life that we’re missing is in the form of a surprising trend: arrests for drunk driving are down dramatically in California’s big cities, the San Jose Mercury News reports. A recent study says the cause of the welcome drop in DUI busts is the recent surge in ride-sharing services such as Uber and Lyft.

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The Law Office of Christopher A. Lamiero

The Law Office of Christopher A. Lamiero
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Dublin, CA 94568

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