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Alameda County Criminal Law Blog

Alleged DUI caught on tape during California news segment

Earlier this morning, a local California morning news show was on location at a busy intersection, reporting and offering tips on pedestrian safety, when a very ironic event occurred. Just as the news reporter was about to begin crossing the street, with cameras rolling, a vehicle sped through the intersection at a high speed.

Unfortunately for the allegedly drunk driver of that vehicle, there were a few members of the California Highway Patrol participating in the TV news segment. They took off after the car and pulled the driver over a short distance away. After allegedly performing field sobriety and Breathalyzer tests, the officers arrested the driver on suspicion of driving under the influence of alcohol.

Japanese official arrested for domestic violence in California

A Japanese diplomat is facing up to 15 years in jail for allegedly committing multiple acts of spousal abuse against his wife of 18 months. Although the domestic violence charges have not resulted in the loss of his job, he is not eligible for diplomatic immunity and will face trial in California.

According to court documents, the diplomat's wife went to police in late March, alleging that her husband had physically abused her. Among her allegations of abuse were claims that he had stomped on her, hitting her with a ceramic coffee mug and knocking out one of her teeth, stabbing her with a screwdriver and pushing her from a moving car in a parking garage. The diplomat has not made any statements indicating the truth or falsity of his wife's claims against him.

After drug arrest, California man was ignored in cell for 5 days

Last month, a 23-year-old California man was arrested when Drug Enforcement Administration (DEA) officials raided the home where the man and his friends were allegedly using marijuana. After being questioned at a nearby DEA office, the man was told that no criminal drug charges would be filed against him and that he could go home. One officer even offered to give him a ride.

However, that was not what happened.

Instead, the man was placed in a 5-foot by 10-foot cell and left there, alone and forgotten, for nearly five days. Astonishingly, the DEA agents completely forgot about the man for those five days and left him there alone, without food, water or any human contact.

California investigator faces charges for 'Dirty DUI' scheme

A former California private investigator is facing both criminal charges and civil lawsuits for allegedly running a "Dirty DUI" scheme that resulted in the improper arrests of at least five men, most of whom have now had their convictions overturned.

In the scheme, the private investigator reportedly targeted men who were enmeshed in divorce, child custody and other family law proceedings. According to court documents, the investigator hired "seductive women" to get the men intoxicated and persuade them to get behind the wheel. If the women succeeded, the investigator called police to tell them of the vehicle's whereabouts so that the men would be arrested for driving under the influence and related crimes. Those arrests and convictions would then be used by the men's estranged spouses in their family law cases.

California man saves life, is arrested for DUI

A San Diego man is facing drunk driving charges in connection with a weekend accident in Southern California. The man is also receiving accolades for his quick thinking and heroic actions following the alleged DUI accident, when he pulled a man out of a burning vehicle, most likely saving his life.

The accident took place just after midnight on Saturday on Interstate 105. According to police reports, the driver of a pickup truck got a flat tire and was in the process of pulling over to the side of the road to change it when he was struck from the rear by a sports car that was traveling at full freeway speed. The force of the impact ripped off the truck's rear axle and broke the gas tank, causing it to ignite. Flames soon engulfed the pickup.

California detective pleads guilty to DUI, hit-and-run charges

Last month, a California sheriff's detective reportedly pleaded guilty to multiple criminal charges in connection with two alleged drunk driving crashes dating back to last summer. She has not been sentenced, and remains an employee of the San Diego Sheriff's Department, according to a department spokesperson.

The series of events at issue in the case reportedly began on August 30 when a vehicle driven by a woman allegedly crashed into several parked cars in an apartment complex parking lot before driving over a nearby pedestrian's foot. The vehicle did not stop when the pedestrian and others yelled at the driver, police reports indicate, but continued to drive "without stopping to render aid or see if he was injured."

Livermore resident held on $2.8 million bail

A Livermore man has been arrested and charges with multiple fraud and theft charges after allegedly committing multiple offenses of identity theft, burglary, forgery and related crimes. Now, the man is being held in the Santa Rita jail on a staggering bail of $2.8 million.

Interestingly, one of the man's alleged victims was a Union City police officer. This causes us to wonder whether the man was more aggressively pursued and prosecuted because he caused harm to an officer, or whether that fact simply gave investigators additional information about the man and his alleged crimes.

Supreme Court debates life without parole for juvenile offenders

In the next few months, the Supreme Court of the United States will decide whether juvenile offenders should receive criminal sentences of life in prison without the possibility of parole. In the debate over the issue, one unexpected group has stood up against life sentences: the families of people killed by teenagers.

These families have reportedly come together as part of the Campaign for the Fair Sentencing of Youth, a nonprofit organization that works with families and offenders to ensure that juvenile crimes are met with fair sentences. The families in the group say that they are sometimes met with resistance and accusations from people who believe that they do not love their deceased family members enough. But they believe in eliminating life sentences for juveniles, stating that meeting the offenders and helping them make amends has brought peace to all involved.

Researchers work to establish threshold for 'stoned driving'

Although medical marijuana has long been legal in California, it is still the source of many legal issues and challenges in Alameda County and throughout the state. One growing issue is that of driving while under the influence of marijuana.

While it is legal to consume marijuana for medical purposes in California and several other states, it remains illegal to operate a motor vehicle while impaired by any substance. However, researchers have yet to come up with an accurate and efficient way to test a driver for marijuana impairment, making alleged 'stoned driving' offenses tricky to prosecute.

Should courts rely on Breathalyzer tests in DUI cases?

In many California drunk driving cases, the most powerful piece of evidence presented by the prosecuting attorney is usually the result of the defendant's Breathalyzer test, if one was given. A Breathalyzer that shows a blood alcohol content over the legal limit can be difficult for a defendant to overcome. But are Breathalyzers a reliable method of testing blood alcohol?

Many critics say no: Breathalyzers can be inaccurate if they are improperly calibrated or otherwise malfunction, which happens more often than most people think. But when no one knows of the problems with the Breathalyzer, even a prosecutor with no additional evidence of the defendant's guilt may be able to get a DUI conviction. For criminal defense attorneys and justice advocates, this is a troubling notion, to say the least.

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