Law Office of Jonathan Franklin: BUZZED

Showing posts with label BUZZED. Show all posts

Monday, October 20, 2014

Increased Efforts for #DRUG and #DUI Arrests

Newsflash from your Hollywood Attorney:

The city of Los Angeles is not the only place where cops and prosecutors are gunning for drivers allegedly under the influence of drugs.

L.A.'s program to take mouth swabs of DUI suspects during traffic stops is aimed squarely at medical marijuana users, and other jurisdictions want on that bandwagon.

Riverside County revealed that nearly a half million dollars in state funding will provide two new prosecutors who will dedicate all their time to busting medicinal users and others who allegedly get behind the wheel in altered states. The office says the cash will last through late summer.

The D.A.'s people say in a press release that it's part of an effort to "combat recent increases in drug-impaired driving." Those increases have largely involved marijuana, although prescription abusers are also a burgeoning problem, authorities claim.

Winning a case against a driver who was allegedly under the influence of cannabis is a much tougher prospect than batting an allegedly boozed-up motorist, though.

While juries don't like drunk drivers, the science on marijuana, its effects on drivers, and the amount you can safely have in your system is still pretty much up in the air.

In fact, there's no state limit on THC blood levels for drivers. There's no equivalent to the drunk driving limit of a .08 blood-alcohol level.

For that reason, medical advocates have long been frightened of efforts like this one. They've argued that, because THC can stay in your system for weeks, a medical user who drove days after medicating could still end up in court under these crackdowns -- wrongly so.

What's scary about Riverside County's campaign is that prosecutors are clearly gung-ho about busting medical users, even as the state's legal guidelines are blurry at best.

A press release says the local assistant D.A.s have successfully prosecuted nearly 300 cases of drug-involved DUI within the last year or so.

The D.A.'s are getting special training on how to win more cases despite a clear lack of science and legislation. It's all about persuading a jury that a medical user can be a dangerous driver.

Source.... http://www.huffingtonpost.com

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Wednesday, October 15, 2014

How Many #Alcoholic Beverages Can You #Drink before Your Driving is Affected? #DUI

Newsflash from your Hollywood Attorney:

You probably already know that your level of alcohol intoxication is determined by the ratio of alcohol to blood in your body. Based on that ratio, California created its blood alcohol concentration, or BAC, limit. Anyone at or above the following limits can be accused of driving under the influence, or DUI, in the state:

0.08 percent for drivers in passenger motor vehicles.
0.04 percent for commercial drivers.

0.00 percent for any driver under the age of 21 years old. This means California has zero tolerance for drivers in this age group drinking and driving.

The Law Offices of Jonathan Franklin wants to stress that it is always better to stop driving after drinking. You should never take into consider whether you are or are not under the BAC limit. This way you can avoid the possibility of being accused of driving under the influence.

Drunk vs. Impaired

The difference between being drunk and being impaired can be confusing. They are separate concepts. For instance, an individual may be under the legal intoxication threshold. However, their ability to drive is impaired. An individual may be drunk, but have the ability to drive without committing a traffic violation like speeding or swerving.

It is also the reason that some people are initially charged with DUI, but later the charge is reduced to wet reckless. A wet reckless charge could mean that your BAC was under the legal limit of 0.08 percent and that you were driving in a way that was reckless. In other words, your ability to drive was impaired.

How to Figure out Intoxication

Everyone is different when it comes to how much he or she can drink before becoming intoxicated. For example, you may be able to drink three alcoholic beverages and not be intoxicated. However, your friend who has a smaller body frame than you may only be able to drink one beer before becoming intoxicated. Law enforcement may not want you to know this, but there is a way to figure out whether you are legally too drunk to drive.

Know your body weight in pounds. You must then compare it to the number of alcoholic drinks you’ve had. One alcoholic drink is equivalent to:

1.5 oz. shot of hard liquor.
12 oz. of beer.
5 oz. glass of wine.

Let’s say you weigh 200 pounds. One alcoholic beverage would put your level of intoxication at .016 percent. This is below the legal limit. However, six alcoholic drinks would put you over the legal limit of 0.097 percent.

Let’s say that your friend weighs 120 pounds. One alcoholic beverage would put her level of intoxication at 0.027 percent. Three drinks would put her level of intoxication at 0.081 percent. This is over the legal limit to drive in California.

To understand more about how the number of alcoholic beverages impairs your driving, contact the Law of Offices of Jonathan Franklin. In addition, if you are facing any type of DUI or criminal charge, contact us. We will discuss your case and how to effectively fight it.

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600

http://www.jonathanfranklinlaw.com

Thursday, September 25, 2014

#EnergyDrink - #Alcohol Combinations Can Lead to #DUI #Arrests

Newsflash from your Hollywood Attorney:

It is a popular trend. Many people are adding energy drinks to their alcoholic beverages. Energy drinks are beverages like 5-hour Energy, Red Bull, and Monster. It is not only a caffeine and alcohol mix, but it also includes stimulants like taurine and ginseng. This type of mixture has an unusual intoxicating effect. A person may be alert, however, the individual may not necessarily be aware of how drunk he or she actually is. There are two studies that detail the impact from the combination of alcohol and energy drinks.

Energy-Alcohol Mix Makes You Drink More

The Center for Research on Aging, Health, and Well-being at the Australian National University conducted a research study. The study found that mixing energy drinks and alcohol gives the individual the urge to drink more alcohol and/or mixed drinks. Mixed drinks could contain alcohol, energy drink and juice or juice and alcohol only.

Participants in the study drank these alcoholic beverages. Approximately 20 minutes prior to drinking and about 20 minutes after drinking, their desire to drink was measured. The participants who consumed the drinks containing alcohol and energy drinks reported a greater urge to continue consuming alcohol.

Energy-Alcohol Mix Makes You Less Aware of Intoxication

Researchers at Wake Forest University conducted another study on the effects of drinks that contained alcohol and energy drinks. The participants were college students. This study focused on the impact stimulants, like an energy drinks, had on a person when he or she consumes alcohol at the same time.

The study found that students who drank these beverages were intoxicated. It also discovered something else. Along with intoxication was impaired vision, motor skills and judgment. In fact, they were less aware of their intoxication than others who didn’t drink the energy drink-alcohol mix.

What Do These Studies have to do with a Driving under the Influence Arrest?

Plenty. Consider the results when the two studies are combined. Consuming energy drinks mixed with alcohol may increase your urge to continue drinking while reducing your perception of how drunk you really are. Both factors could increase your chances of drinking under the influence and getting arrested for DUI.

Thus, it is vital that you be particularly careful when drinking an alcoholic beverage that has an energy drink in it. These drinks can quickly “catch up” with you. In other words, all of a sudden you feel extremely intoxicated, but you’re not aware of the effects that it is having on your body and mind.

If you’re going to drink these energy drink-alcoholic mix, designate a driver. If you do drink and are pulled over for DUI, remember your legal rights!

Contact a DUI defense lawyer as soon as possible after your DUI arrest. Remain silent. You do not have to answer any questions about the number of drinks you consumed. You do have the right to refuse to answer questions if you are arrested for DUI or any type of charge. Your first step is to ask for a Los Angeles DUI Defense Lawyer. This will protect your legal rights.

The Law Offices of Jonathan Franklin is devoted to providing you with an aggressive defense while protecting your legal rights. If you have been charged with a DUI in Los Angeles, immediately contact Jonathan Franklin. He is a former prosecutor who now successfully defense clients accused of DUI. He will diligently work on your behalf to successfully resolve your case, whether it’s getting the charge reduced, dismissed, or arguing for an innocent verdict at trial. Contact Jonathan Franklin today.

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Tuesday, September 23, 2014

What a #California #Prosecutor Doesn't Want You to Know about Your #DUI Case

Newsflash from your Hollywood Attorney:

After a driving under the influence arrest, you probably feel hopeless. You believe the police have so much evidence against you that you’ll have to plead guilty or face a conviction. You think that the prosecutor has a slam dunk case against you. Remember this: You’ve only been arrested and/or charged with DUI. You’re not convicted of any crime. There are four other things to remember about your DUI arrest and/or charge:

• You do not have to plead guilty.
• You can challenge the DUI charge.
• You can hire a DUI defense lawyer to fight for and protect your legal rights.

There are facts that a prosecutor does not what you to know that could change the outcome of your case in your favor.

Here is the information a prosecutor may not want you to know:

The Police Can Damage the State’s Case by Making an Arrest without Cause

According to the U.S. Constitution, a police officer must have reasonable suspicion or probable cause to:

• Conduct a traffic stop.
• Start a DUI investigation.

In other words, running a red light or weaving in and out of your lane are types of potential infractions that an officer may try to rely on to justify the stop over your vehicle and subsequent DUI investigation. An officer cannot stop you just to ask you a question or because he or she thinks you look drunk.

Field Sobriety Tests Aren’t Always Accurate

Field sobriety tests are hyped up to be mistake proof. They are allegedly so easy that a sober person can complete them flawlessly. Do not believe the hype. Field sobriety tests are not always accurate or simple to complete. There are many reasons why someone would fail one or all of the field sobriety tests and not be drunk. For instance, a clumsy person could fail the walk and turn field sobriety test. There are other reasons why these tests are not always accurate like a:

• Medical condition you have.
• Police officer’s inability to provide correct, specific instructions.
• High heeled shoes.
• Physical inability to perform one or more of the field sobriety tests.

Breath Tests are Just as Inaccurate as Field Sobriety Tests

The government brags about how accurate the chemical testing such as Breathalyzers are that there is a penalty for not taking the test. What a prosecutor does not want you to know is that certain things can make a Breathalyzer inaccurate. In other words, your blood alcohol concentration, or BAC, is not near, at or above the legal limit. Also, there can be a margin or error that can be factored into the equation in an effort to ascertain your correct BAC. Here are the things that causes a Breathalyzer to produce a false high reading:

• Your diet.
• Various foods.
• Amount of food in your stomach.
• Mouthwash you used.

Obtain Representation for Your DUI Charge

You were arrested for DUI and you have a right to be represented by a defense attorney. At the Law Offices of Jonathan Franklin, you will find the representation you need to aggressively defend yourself.

The team of lawyers at the Law Offices of Jonathan Franklin know how to use the secrets that prosecutors don’t want anyone to know to their advantage. Whether it is challenging the chemical tests or the reason why you were stopped, the goal is simple. Get your case resolved successfully, whether it is reduced, dismissed, settled favorably through a negotiated plea agreement or with a not guilty verdict after a trial.

For a free consultation with Beverly Hills Criminal Lawyer Jonathan Franklin, contact us at 310.273.9600

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Monday, September 22, 2014

Can I Be #Arrested for #Buzzed Driving? Find Out What this #DefenseAttorney Can Do for You

Newsflash from your Hollywood Attorney:

You may have viewed the growing number of public service announcements pushing the message that buzz driving is the same thing as drinking and driving. For many viewers this is confusing. What really is buzzed driving? Can you really get arrested for buzzed drinking and driving? When it comes to drinking alcohol and driving, how much alcohol is too much?

What is buzz driving?

“Buzzed driving” is basically defined as driving while intoxicated. However, the intoxication level may not be over the legal limit to be considered driving drunk under the California Vehicle Code. Drinking enough alcohol to give you a buzz may possibly cause impairment, however, the impairment may not be enough to cause you to receive a DUI charge under the per se statute, California Vehicle Statute 23152(b). It may fall under another section, California Vehicle Section 23152(a), if the level of impairment is affecting your ability to safely operate a motor vehicle.

The Legal Limit in the U.S.

The legal limit for intoxication varies according to the driver’s age and occupation. For instance, if you are a commercial driver, the legal limit is 0.04 percent. There are two limits for individuals under 21 years old according to state law. It’s either:

•0.02 percent.

•Zero tolerance. This refers to an individual not have any alcohol in his or her bloodstream.

Otherwise, the legal limit is under a 0.08 percent.

California Law Regarding Buzz Driving and DUI

California’s primary DUI is defined in the vehicle code section 23152. It is illegal to drive while under the influence of alcohol when your blood alcohol concentration level is at 0.08 percent or higher.

The second part of that law pertains to buzzed driving. According to the law, it is also illegal for anyone under the influence of any alcohol to operate a motor vehicle. A driver can be stopped by police and arrested for drinking and driving even if he or she is buzzed.

Wet Reckless Charge

If you’ve been charged with DUI for being buzzed while driving, there is a possibility you can be plead to a lesser charge. The plea is called “wet reckless.” A wet reckless plea means you were driving recklessly because you had alcohol in your bloodstream. Essentially you plead guilty to having alcohol in your system while you were driving. However, you contend that you were not under the influence of alcohol.

For many individuals arrested for buzzed driving, a wet reckless plea can get their initial DUI charge reduced. Yes, there are still penalties for a wet reckless conviction. However, they are not as severe as DUI penalties.

If you’ve been arrested for DUI, you have legal options. To learn more about those defense options, contact the Law Offices of Jonathan Franklin today. As a former prosecutor, Jonathan Franklin knows both sides of a DUI case. Thus, he’ll aggressive defend you against a DUI charge, whether it is negotiating a favorable plea agreement or taking your case to trial. Contact the team at the Law Office of Jonathan Franklin today.

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com