Napa County will put up a sobriety checkpoint on Saturday Feb 27th at an undisclosed location.

It appears that the Washing DC Police didn’t calibrate their breath machines properly and guess what the error discovered started back in October of 2008 and wasn’t discovered until this month.  The calibration error was systemic, MPD learned that there were problems with 8 of the machines.  Reportedly the machines were initially taken out of service but are now “repaired” and back in service.

In a noble attempt to reduce deaths related to drunk driving Dr. Leon  Owens, father of Jacob Owens a 21 year old drunk driver who lost his life after crashing into a tree, has founded, “The Teachable Moment Foundation”.

Reportedly he also spent years with lawmakers to change existing laws that punish drunken drivers.

Owens approached state Sen. Dave Cox and persuaded him to author Senate Bill 547. Assemblyman Dave Jones co-authored the bill, which passed August 18, 2005, and was signed into law by Govenor  Schwarzenegger Septemmber. 2, 2005.

The bill required that from Jan. 1, 2009 until Jan. 1, 2010, the cars of repeat DUI offenders be impounded for 30 days as part of a pilot program in Sacramento. In addition to having their vehicles impounded, offenders could participate in an intervention program after being released from jail.

The law still is in effect, even though Jan. 1 has passed. Owens is reaching out to finance the additional costs for impounding vehicles and continuing the motivational interviews, which are a part of the intervention program, through private donors and the California Office of Traffic Safety.

The University of California at Davis School of Medicine, University of Michigan School of Public Health and local law enforcement agencies have pooled their resources to implement SB 547 and make the Teachable Moment Foundation a success.

The foundation claims their focus is on reaching those with drinking problems immediately after their release from jail. “This is when they’re most vulnerable and most willing to discuss their substance abuse problems.” A questionnaire and motivational interview are offered when the offender is released from jail and participation is voluntary.

This interview may be in violation of arrestees Constitutional 4th Amendment right against self incrimination.  The 4th Amendment protects the public from unreasonable search and seizure by law enforcement.  The arrestee is advised in part that, “They have the right to remain silent and anything they say may be used against them.”

While this protection applies specifically to prevent law enforcement from conducting interviews and interrogating arrestees who elect to remain silent it also applies to agents operating on behalf of law enforcement.  In other words, it is not illegal for non-law enforcement to question or interview an arresting outside of Miranda’s protection unless the the person(s) conducting the interview are acting as an agent of law enforcement.

The legal issue is whether the Foundation is considered to be an agent of law enforcement.  Reports indicate that law enforcement is providing financial assistance to the foundation suggesting some relationship exists.  However, it is questionable whether local judges, concerned more about keeping their jobs than enforcing constitution rights of the accused, would enforce Miranda under such circumstances.

It seems when it comes to DUI accusations, once again it appears that “Justice” is a one way street, the judge is driving the district attorneys bulldozer and the defendant and his constitutional rights are walking against traffic. This approach is fine as long as you are willing to accept the proposition that the accused is GUILTY UNTIL PROVEN INNOCENT.

John Campanella

Sacramento DUI Lawyer

Recent news regarding auto giant Toyota and its recall of millions of vehicles do to  defect(s) in it’s braking system should give us pause to remind ourselves that even now in 2010 when technology has reached heights hard to believe, where we now can hold powerful computers in the palms of our hands, machines still have defects and still brake down.  Toyota was a company that made it’s reputation in America by being one of the most reliable cars on the road.  Millions if not billions have been spent on research and development of it’s vehicles and still they manufacturer did not avoid this catastrophy.

Testing breath for alcohol is a highly sensitive and extremely complicated process.  The machines used for this testing have not had the benefit of big money research and development comparable to that of a Toyota vehicle.  They too remain in use for years after they are purchased by local municipalities.  They like any other machine can work properly sometimes and fail and others.

This should act as a reminder to us all that we cannot sit back and assume that technology has reached a point that machines are anywhere near infallible.

Sacramento DUI Lawyer

John Campanella

Reports allege that Pasdar, 44, entered a not guilty  plea according to E online.  Actually E online reported that he plead, “innocent” however, court pleas are generally either guilty or not guilty, with the exception of O.J. Simpson who of course was 100% not guilty.

It was reported that the actor was traveling in excess of 90 mph in his Ford Truck on a  Los Angeles Freeway.  E also claims that weaving between lanes was reported.

Law enforcement threats “Save our jobs or else…”

California Sheriff’s unions were quick to file lawsuits to stop the early release of inmates from jails across the state.  Recent law enacted Jan. 25th called for the early  release to ease financial pressures from the down economy.

It has long been argued that incarcerating non-violent, low risk offenders does not make sense under a cost benefit analysis.  Now with the coins in our pockets dwindling we are forced to make tough decisions reevaluating what we are spending our money on.  Housing low risk offenders is costly and ineffective and this new law reflects that reality.

Politicians mouths may say jail the offenders to please the public but their empty pockets are saying something else.  People vote with there money not their mouths and a little fat has been trimmed from our justice system.

Trimming fat usually causes some squealing and in this case the Sheriff’s and other law enforcement agencies are squealing because they don’t want to lose their jobs housing these low risk offenders.  Well, none of us want to lose our jobs but it is happening across the board.  Everyone is feeling the bite of this down economy from teachers, to engineers, from lawyers to dock workers employment is down.

The difference between the aforementioned professions and that of law enforcement is that law enforcement sits in a unique position of public trust. The public relies on these agencies and pays them to insure our security.  We also rely on them to tell us what we need to do in order to insure our safety.

When people are scared or threatened they are willing to spend their last dime especially when authoritative figures advise failure to due so will be at the public’s peril.

“If you take the massive layoffs we had last year, couple that with the massive layoffs we may have this year, the release of more inmates on the street, more prisoners, more criminals, it’s a recipe for disaster,” said Bill Miller, vice president of the Sacramento County Deputy Sheriffs Association.

“Do we need even one victim because of this?” asked Miller. “Somebody’s going to get killed because of this.”

Scaring the public into spending occurs at various levels of government.

We all remember The Bush Administrations hollow threats of “Weapons of Mass Destruction” followed by an unlimited and seemingly endless flow of American dollars.

Another local example of this can be in the bankrupt city of Vallejo.  The City of Vallejo’s Police Department suffering from cutbacks and a bankruptcy were quick to use their position in the community and access to the press to scare the community to spend or suffer the consequences.

While it is true that our cities and counties all need to allocate some of our scarce funds towards law enforcement.  Yelps and threats from law enforcement should be taken with a grain of salt due to the obvious conflict of interests that these very powerful police agency possess.

Remember power corrupts and absolute power corrupts absolutely.

John Campanella

Sacramento DUI Attorney

According to Mary Weston Staff writer of ChicoER.com Sacramento’s very own Lance Daniel is opposing 6 time incumbent District Attorney Mike Ramsey in Butte County’s upcoming election.

Weston reports that Daniel answered questions from a group of about 25 people at a, “meet and greet” sponsored by the Thermalito Grange and the Oroville Tea Party Patriots.

Reportedly Daniel stated he did not like being labeled a DUI attorney and that in his 20 years as a defense attorney he has tried all types of cases however, Weston reports ” he won’t take child molestation, rape or drug cases, because he doesn’t like the kind of people who commit those crimes.”

I know Mr. Daniel and find it hard to believe he would have made such a comment.  As a Defense attorney we must show some appreciation to the principal of “Presumed Innocence”.

“The presumption of innocence – being considered innocent until proven guilty – is a legal right that the accused in criminal trials has in many modern countries. The burden of proof is thus on theprosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond a reasonable doubt. In case of remaining doubts, the accused is to be acquitted. This presumption is seen to stem from the Latin legal principle that ei incumbit probatio qui dicit, non qui negat (the burden of proof rests on who asserts, not on who denies).”

I think it is perfectly fine for a lawyer to decline to accept any case for any reason.  However if the report is accurate, a defense attorney with the public’s ear should display greater deference to Constitutional principles  for which our Forefather’s gave there lives and many to this day defend.

But wait, were drug offenders one of the the types of people that Daniel doesn’t like.

Wait again, don’t like drug case? But isn’t alcohol a drug?  And you handle DUI cases?

None of this makes sense to me, maybe someone will offer some insight or explanation.

John Campanella

Sacramento DUI Lawyer

There are basically two ways to get your DUI arrest report including the results of your blood and/or breath test results.  More accurately, there are two sources to request information from.

First, your attorney should make request in writing to the District Attorney.  Most DA office have a form that you fill out to make your request.  If you are representing yourself you can obtain a copy from the DA but there will be a number of hurdles you will have to pass before you will be given a report and I do not recommend that you attempt to get your report in this fashion.

The easier way to get your arrest report is to request a hearing with the DMV within 10 days of the date of your arrest and request that the police report be sent to you.  Make this request in writing.  You should receive a copy of the report in the mail from the DMV before your hearing date.

Your attorney should also be able to provide with a copy.

If you are arrested for a dui in Sacramento your blood is most likely tested for alcohol content at the Sacramento County Crime Lab located at 4800 Broadway next to the DMV.

There is often a back log of work at the crime lab and it is not unusual for your sample to sit for more than a week before being tested.

Boulder City’s constable, 42-year-old Larry Markotay, was arrested on suspicion of DUI after allegedly crashing his city vehicle into a light pole then leaving the scene on foot.

Markotay was later found at his home.  One can only speculate as to his condition at the time and what might have lead him to leave his city vehicle at the accident scene.  Wow!