A DUI Lawyer Explains How it is Possible to Fail a Field Sobriety Test

As a DUI lawyer, I help a lot of people that have been pulled over for the suspicion of drunk driving.  It is important to note that you can be pulled over for driving erratically, and the officer may suspect that alcohol or drugs are involved.  In reality, there are many reasons why a person would not drive perfectly within the lanes even when drugs or alcohol are not involved: turning down the music, handing your son a toy, looking at directions. All of these things and many more, can lead to distracted or careless driving that may have the same general appearance as drunk driving.  Once a traffic stop is initiated and if they officer believes you are driving under the influence, the officer will ask you to submit to a series of Field Sobriety Tests (FSTs). The challenge is that even sober people can (and may even be likely to) fail a field sobriety test. Reasons people fail a field sobriety test: 

If you submit to a field sobriety test, it will be conducted on the side of the road with the potential for traffic rushing by.  The entire experience is both stressful and overwhelming for the majority of people.  Nervousness will often cause the mind and body to react in a way that it normally would not under different circumstances.  According to the Mayo Clinic, symptoms of nervousness or anxiety may include hyperventilation, trembling, sweating, and trouble concentrating or thinking.  All of these symptoms can make it difficult to hear and understand the officer’s commands, much less carry them out without looking physically impaired.

Additionally, as a DUI lawyer, I know that many of these tests require specific acts of balance that are not always attainable by people with a disability or those in poor health.  For example, if someone is severely overweight or recovering from a muscle sprain, standing on one foot may be impossible.  These tests are flawed in that they do not account for medical conditions, anxiety or other factors beyond the officer’s preconceived notion that a driver is impaired.

The type of tests that are demonstrated and why you need a DUI lawyer:

There are several types of FSTs that are conducted throughout the country.  This includes the Finger-to-Nose test, One-Leg Stand test, Walk-and-Turn test and more.  Each test is designed to test the driver’s ability to maintain focus and balance and follow directions. These tests purport to be an accurate indication of whether an individual is under the influence of alcohol or drugs. Again, the difficulty with the FSTs is that they were designed for people that are physically healthy and calm.  The mere act of being pulled over by the police takes away the calm that people would otherwise feel while performing the FSTs.

Exercise your rights.

The FSTs are completely VOLUNTARY and you do not have to submit to any of the Field Sobriety Tests – even the Preliminary Alcohol Screening test is VOLUNTARY. If an officer asks you to submit to the FST, you have every right to say ‘no thank you’. It is likely that you will not complete the FSTs perfectly as demonstrated and any failure to follow the directions of the officer will be highlighted in his report to make it seem as if you are under the influence. You lifted your foot an inch higher than requested? Bad. You opened your eyes slightly? Bad. There was a one-inch gap between the heel-to-toe test? Bad. Do not submit to the FSTs.  

Focus on your defense.

Due to the inability of a FST to ascertain levels of intoxication, many people are arrested and accused of drunk driving without actually being under the influence.  As a DUI lawyer, I can mount a strong defense, illuminate holes or flaws in the process, and work to demonstrate why my client (you) is innocent.  Since a DUI is a criminal misdemeanor charge, it is extremely important to focus on your defense and fight the charges.

How a Domestic Violence Attorney Can Help You During a Divorce

As a domestic violence attorney, I have worked with clients that have been accused of domestic violence during their divorce proceedings.  Unfortunately, this is an all too common of an occurrence during contested divorces.  Often when one spouse wants to have an advantage in a custody case, for example, accusations of domestic violence can surface.  What had been a normal argument or disagreement can be painted as a violent encounter, regardless of whether it actually was one.  If you feel that your spouse is going down this road, I recommend that you contact my office to discuss this possibility and to develop a strategy for protecting yourself.

Although I will be representing you in criminal law court, a domestic violence charge and subsequent conviction will influence your case in family court.  For example, if you were to be convicted of domestic violence it would change your overall custody case and could even lead to the court issuing orders restraining your from your wife and children; even if your children were not present. I have seen judges order supervised visitation merely because someone has been arrested for a domestic violence crime. Therefore, protecting yourself is important both for your freedom and for the future relationship you hope to maintain with your children. 

A Domestic Violence Attorney Can Protect Your Rights.

As a domestic violence attorney, I will work diligently to ensure that your rights are protected. This starts by discussing with you the accusations and the alleged incident in question, even if formal charges have not yet been filed. I will want to know if anyone was present that could offer an eye-witness testimony and I would discuss any evidence that may be gathered in your favor.  In any criminal case, it is important to gather evidence that can be presented in a trial in order to counter what is being presented by the prosecution.  Everyone is innocent until proven guilty and the prosecution has the burden of proof to demonstrate that you did indeed violate the law.  My job is to provide enough reasonable doubt that a jury would either hesitate to convict you or acquit you all together.  While there is no guarantee of what the outcome of a case might be, what I can guarantee is that you will receive the best possible legal defense.  This involves spending the appropriate amount of time in preparation for your trial.  Keep in mind that if you are suspicious that your soon-to-be ex spouse will lie about domestic violence to gain an advantage in family law court, I can advise you of your options.  I can even talk to the District Attorney’s Office BEFORE formal criminal charges are filed; possibly saving you the embarrassment of a public criminal allegation.

When to Contact a Domestic Violence Attorney:

If you believe that you might be accused of domestic violence, you should call my office right away.  It is never too soon to start preparing for this possibility and the additional time allows for additional preparation. Remember that everyone is innocent until proven guilty but that also means that innocent people can be arrested, charged and tried for a crime.  Do not take your freedom and reputation for granted but instead, work with an experienced attorney that can protect your rights under the law. 

Criminal Law and Digital Information: Evidence is Changing

As someone practicing criminal law, I represent clients that have been accused of all crimes including both misdemeanors and felonies.  In my years of practice, the crimes charged have not changed much but the type of evidence being presented by the prosecution has.  We live in a digital age, and digital evidence is being used on a daily basis to prove guilt. This creates additional challenges and only increases the need for anyone that is accused of a crime to hire a skilled attorney.Here are some of the types of new evidence that are being presented:  

•    Cameras.  There are hidden cameras virtually everywhere.  Whether they are on top of a local building, at the bank ATM, on top of the lights or utility poles; there are very few places you can go without a camera capturing your image.  As someone practicing criminal law, I have witnessed this type of footage being used to place person or their vehicle at the scene of a crime.

•    Social media.  Most people have a social media profile and what you post online will show up in court. Keep in mind that anything you post to a public forum is accessible by anyone and no warrant is necessary. For example, if you check-in at a location on Facebook, it will demonstrate that you were probably in that location.  If you tweet a photo, the information in that image can be used by the prosecution. An Instagram post will not only show your location, but can be used to prove that you were in a certain location at a certain time.

•    Text messages. These are recorded statements and anything you text will be saved and used against you by the prosecution. Not only will your recorded text messages be saved but telephone records could be subpoenaed to prove the mere act of text messaging. This could be very harmful in a case where an individual is being charged with violating a restraining order.  

It is important to note that, when you are accused of a crime, the prosecution has the burden of proving that you are guilty of that crime. This requires the prosecution to build a strong case using evidence and witness testimony.  If the government fails to present enough evidence or the evidence appears inaccurate, the jury may have reasonable doubt as to your guilt and they may be unwilling to convict you.  As someone practicing criminal law, my job is to ensure that your rights are protected throughout the process and to help poke holes in the evidence being brought by the prosecution, regardless of whether it is digital evidence.  The more information you can provide me with, the better equipped I will be to do so.  To discuss your case in detail, call and schedule a consultation.  

Call a Criminal Lawyer if You Are Accused of a White Collar Crime

If you have been charged with or are even being investigated for a white collar crime, you need an experienced and aggressive criminal lawyer who understands the many characteristics of the system. While there is no strict definition of a 'white collar crime', the term refers to a financially motivated nonviolent crime. This includes, but is not limited to tax evasion, trademark and copyright infringement, forgery, insider trading, embezzlement, money laundering, identity theft, mortgage or bankruptcy fraud, bank or credit card fraud, mass marketing fraud, etc. 

Why Do I Need A Lawyer Who Deals With White Collar Crimes?

Many, if not most, white collar offenses can be extremely complicated, which means that your lawyer has to be familiar with the subject matter and the specific laws pertaining to it.  For example, you never want to hire a civil litigation lawyer to handle a criminal case.   Civil litigation cases and criminal cases are tried through a different court system with different judges and procedures that must be followed.  Selecting an experienced attorney, like myself, is important for ensuring that your case is not compromised due to rookie mistakes.

White collar offenses can include an extensive variety of crimes. According to the Federal Bureau of Investigation (FBI), these crimes account for approximately $300 billion in loss each year, something that is obviously not taken lightly by law enforcement and the justice system. There is a common misconception that people convicted of white collar crimes get lighter sentences. However, prosecutors have been seeking harsher penalties. In cases involving major fraud, judges and juries have proved themselves more than willing to put people away for anywhere from twenty years to the rest of their lives, making it important to hire a skilled criminal lawyer.

Also note that white collar crimes can be prosecuted at both the state and the federal level and can involve more than one agency. For example, if there is any kind of alleged mail fraud, inspectors from the postal service will be involved in the investigation.  These cases can become complicated quickly and a conviction could lead to a significant term of incarceration in a federal penitentiary, severe fines, forfeiture of assets, and other financial penalties.

Don't Wait To Hire An Experienced Criminal Lawyer

Note that all too often the first intimation that you are being investigated for a crime is when state and/or federal law enforcement, armed with search warrants, show up unannounced at your business or home. While this will almost certainly catch you off guard, you must remember that while you cannot resist a search with a warrant, you do have the right to call an attorney.  Warrants are typically limited in scope, so this does not give law enforcement carte blanche to search within the officer’s discretion. You also have the right to refuse to answer any questions law enforcement may ask you. You should firmly, but politely, decline to speak with any officials and immediately call my office.

As your criminal lawyer, I will first contact the agency in charge of the investigation to determine the exact nature of the inquiry, which will tell me how to proceed. Additionally, I understand that white collar crimes can be the result of an honest financial mistake, a poor business decision or agreement, or you could simply be falsely accused. I will investigate every detail, and comb through and analyze thousands of pages of financial documents along with interviewing witnesses. I know how to build strong cases with positive results and will work diligently to protect your freedom.

A Drug Lawyer Will Provide the Defense You Need to Stay Free

As a California drug lawyer, I understand how people may view the State of California as a drug-friendly state; therefore, being naive to the seriousness of drug related prosecutions. This is a huge mistake.  

Even though California may be more friendly to users of medical marijuana, it is not a “drug-friendly” state and both law enforcement and the prosecutor’s office work diligently to arrest, convict, and jail drug users, traffickers and drug sellers.  

While this may conjure up images of Hollywood movies portraying high-tech drug runners, most of the people that are arrested for drug crimes are fairly normal people.  They are teenagers, students, parents, and professionals.  From all walks of life, people are arrested and convicted of drug crimes on a daily basis. 

If you use drugs recreationally, there are a few things you need to know: All non-prescription drugs are illegal.  All prescription drugs are illegal if you are not the person to whom the drug is prescribed. Also, many people do not understand that even if you are using medical marijuana that is legal in California, it is still illegal on a federal level. 

RECREATIONAL DRUG USE IS STILL CONSIDERED ILLEGAL EVEN IF YOU ARE NOT SELLING OR TRANSPORTING.   There are certain drugs such methamphetamine where if you are caught transporting the chemicals necessary to make the drug, you could be arrested, even if the drugs are not actually produced.  With this in mind, I always recommend that you avoid using or transporting drugs or the chemicals to manufacture drugs.  Doing so puts you at major risk for arrest and possible conviction.

The consequences of drug crimes become even more severe when you sell drugs in ANY quantity near a school.  As a drug lawyer, I have represented clients who were arrested for selling drugs near a school, without even realizing a school was nearby. Prosecution does not need to prove that you had the intent to sell drugs near a school.

It is also important to understand the difference between possessing drugs for personal use and possessing drugs with the intent to sell. Each illegal substance has a threshold on how much an individual can possess to be considered consumption for personal use. Going beyond this amount puts you at great risk for being charged with a substantially more serious crime. For example, it is much more difficult to show that a defendant was carrying marijuana for personal use when she has 4 pounds of portioned marijuana in the trunk of her car.

As a drug lawyer, part of my job is to ensure that if you are arrested for a drug crime, the charges are as light as possible.  This, for example, could mean getting the accusation of selling drugs reduced to simply possessing or using drugs.   These subtleties make a big difference in what fine you will have to pay, if you have to go to jail, for how long, and even the type of jail that you would go to upon conviction.   It is important to note, however, that your defense starts from the moment you are arrested. Our office is available 24/7 to answer your phone calls. 

A Criminal Defense Attorney Explains Your 5th Amendment Protections

The role of a criminal defense attorney is two-fold. First my job is to ensure that your constitutionally guaranteed rights, under both the state and federal statutes, are not violated over the course of the trail. Second my job is to make sure that you get a fair and equable trial, in a speedy manner that ideally results in your acquittal or in the court finding you to be not guilty. As such I have extensive training in criminal law, specifically the laws that allow me to protect you from an unjust prosecution. The Founding Fathers understood the importance of a quick, fair, and equable trail and enshrined these principles in the Bill of Rights or the first ten amendments to the Constitution of the United States. In keeping with these principles, states have established their own laws to augment these rules which is why you should always involve a skilled criminal defense attorney, who understands all these laws, if you are ever accused of a crime.

For a criminal defense attorney, there are certain laws that are so deeply enshrined that we use them every day to protect the rights of our clients and ensure that they are not taken advantage of. One of these ideas is found in the Fifth Amendment and has been universally accepted by all the states. In fact, our state has additional laws that protect your Fifth Amendment rights even more rigorously. A point that is of particular importance, if you have been accused of a crime and your criminal defense attorney has not yet arrived on the scene, is that you cannot be compelled to make any statements that could later be used to incriminate you. Sometimes a zealous prosecutor will try and coerce you to confess to a crime, promising things like a lighter sentence or threatening you with the a more severe consequence if you do not comply. This is exactly the kind of thing that the Fifth Amendment protects you against, where it specifically prohibits anyone from compelling you to make a statement that is self-incriminating. As such I strongly urge you to never make any statements, or confessions, until you have had a chance to speak with me (your attorney) first.

Another right that is duly enshrined in the Fifth Amendment is your right to due process. You are protected from three specific acts against you until you have been arrested, charged, and had a chance to go before a judge with your criminal defense attorney. You are protected from the loss of your freedom, the confiscation of your property, and the loss of your life. While it may seem like these are common sense, there are people who will willfully seek to convince you that you cannot protect your freedom or your property unless you fully cooperate with the authorities. This is a fallacy and is designed to give them what they want which is typically not in your best interest. Getting you safely through the due process is one of the most important functions I, as your criminal defense attorney, perform.

What a Criminal Defense Lawyer Does for You

As a criminal defense lawyer, I am knowledgeable in the legal defense of individuals or companies charged with a crime. Being arrested for a criminal offense, or even being under investigation for one, is usually a terrifying and very unsettling experience. Additionally, there are so many life altering consequences to a criminal conviction that it is of paramount importance that you make every possible effort to hire an experienced attorney who has extensive knowledge of the legal system to represent you. Some attorneys will specialize only in a certain type of criminal defense matter such as DUIs or drug defense. My office handles both. 
 
Because both your life and liberty are at stake, when searching for a defense attorney, you need to retain a professional that has as much experience as possible, while making sure they have both the means and the commitment necessary to protect your rights. Also note that being accused of a federal crime is rather more serious than being charged with a state crime and requires an attorney who has experience with federal law and federal prosecutors. Fortunately for my clients, there are very few types of criminal cases that haven't come across my desk.
 
As a criminal defense lawyer, I deal with every facet of criminal procedure from the arrest and charges filed, to sentencing and appeals. I will also, from the very outset, advise you how to handle possible questioning so that you do not, unwittingly, cause any irreparable damage to your defense. This includes refraining from answering any questions, making any statements, or signing any documents unless I am present. Additionally, I often perform my own investigation and, as a result, can and often do, present evidence that negates charges made by the prosecutor.
 
The early stages of a criminal case may involve a grand jury or preliminary hearing to determine if there is probable cause for the case to continue. Therefore, the initial work in any criminal case involves a thorough review of the charges and whether there has been any violation of the accused's constitutional rights. For example, the Fourth Amendment protects citizens against unlawful search and seizure. Any violation of these rights could result in the illegally obtained evidence being considered inadmissible.  In other words, my job is to ensure that you receive a fair trial that is in accordance with the law.
 
If there have been no constitutional violations, and a preliminary hearing has determined that there is probable cause for the case to go to trial, I will turn my attention to trial preparation, the importance of which cannot be overstated.  I can also give you, as the accused, a realistic idea of what your options are and what you could possibly expect.  This is especially important because people charged with a crime have often been given misleading or false information by well-intentioned but misguided friends and acquaintances.
 
Make every possible effort to retain a reputable criminal defense lawyer as soon as you have been arrested for a crime. Your life and liberty may depend on it.