New Style #ParkingSigns Could Coming to #LA

Newsflash from your Hollywood Attorney:

Figuring out when, exactly, you can rest your SUV at the curb by reading the city's complicated parking signs is at least a brain twister. You can park for one hour during this time frame but there's no parking on certain days. You can park at night—if you have a permit. Or not. You know the drill.

Here's an idea: Let's create parking signs that you can quickly read and comprehend. L.A. city Councilman Paul Krekorian is on it.

He recently proposed that the Department of Transportation post easier-to-read "grid-styled" signs as part of a pilot program.

This week the city's Transportation Committee agreed to consider multiple sign concepts, Krekorian's office said. It's tasked with producing a report on what concepts might work, and where the signs might be initially posted, within 45 days.

The design " features a grid-styled sign which graphically represents parking restrictions by denoting free times in green and unavailable times in red, while also indicating the 12-hour parking cycle by time and day," his motion says.

As it is, Krekorian states, "parking signs can become almost impossible to decipher" in Los Angeles. His office says as many as a half-dozen "overlapping" signs can be found in communities like downtown and Hollywood.

Krekorian told us this:
Everyone who drives in this city has had to deal with deciphering our confusing and complex parking signs. I don't want parking to be a guessing game where people worry about getting ticketed because they can't easily tell what the restrictions are and when they are in effect. You shouldn't need the Rosetta Stone to park in Los Angeles. My motion proposes that the city create new, grid-style parking signs that provide more useful information that is both simple and obvious to everyone.

If the City Council approves the pilot program you could see the signs in a limited number of areas as soon as winter.

We have a prediction: People will love these signs. Let's do this.

Source....laweekly

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

#Checkpoints Tonight for Sunday October 12, 2014 #DUI #Drugs from Your #DefenseAttorney

Newsflash from your Hollywood Attorney:

Page will be updated throughout the weekend, 

so check back often.

Sunday, October 12, 2014
Foothill Area 5pm - 1am
Harbor Gateway Area 12pm - 8pm
Pacoima 5pm - 1am
San Pedro 12pm - 8pm
Sun Valley 5pm - 1am
Wilmington 12pm - 8pm


Friday October 17, 2014
South LA  Watts area ?pm - ?am

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

Friday, October 10, 2014

Canoga Park 8pm - 2am , Sherman Way and  Owensmouth

Central Area 4pm - 12am

Hollenbeck Area 4pm - 12am

Los Angeles at 77th St, 5pm - 1am

Modesto 9:30pm - 3:30am

North Hollywood 8pm - 2am Victory Blvd. and Bellaire Ave

Saturday, October 11, 2014
Canoga Park at Sherman Way and Owensmouth Ave. 8pm - 2am
Modesto 8:30pm - 3:30am

What’s the Next Big Thing Law Enforcement is using to find #Drunk #Drivers? Lasers #DUI

Newsflash from your Hollywood Attorney:

Will laser technology be the next big advancement in technology used during driving under the influence investigations? Well, the question has been greatly debated since the Journal of Applied Remote Sensing article. The article titled Stand-off Detection of Alcohol in Car Cabins discussed how laser technology could be used to detect alcohol in a vehicle’s cabin. The cabin of a motor vehicle is the area where the driver and passengers sit.

In the article, researchers at the Military University of Technology’s Institute of Optoelectronics in Warsaw, Poland used this latest technology to detect the presence of alcohol vapors in vehicles. The laser device was created using what’s called a “stand-off” method used to identify harmful substances at a distance like explosives and hazardous materials. The only difference was that, in this particular study, the device was used to detect alcohol in the air, not harmful substances.


Does the Laser Technology Work?

To test the laser device, researchers filled a motor vehicle’s cabin with the amount of alcohol vapor equal to the blood alcohol concentration, or BAC, of 0.10 percent. The researchers then shot the device’s laser through the cabin area. It reflected of a mirror located on the cabin’s opposite side before it traveled back throughout the vehicle.

Researchers could then measure the reflected light to find out how much of the original laser beam had been absorbed by alcohol vapors. The original laser beam absorption gave the researchers the ability to determined alcohol content in the vehicle.

The laser device does not work like the handheld laser police use to detect speeding. Instead, the device sits on the side of the road and monitors traffic as it passes. If the device detects alcohol vapors in a motor vehicle, it sends an alert a police officer waiting some distance away from the device.

After receiving the information, the officer would pull over the driver and then attempt to determine whether the driver was under the influence of alcohol. The officer would do this relying on the traditional DUI testing methods. The idea seems doable because of the intense focus on preventing drunk driving. However, there are two questions that are raised:

How accurate is the DUI laser technology?
What about driver’s rights?

Potential Problems with the New Laser DUI Technology

Yes, there are potential problems with the new laser technology like the following:

*The device cannot distinguish whether the driver or passenger emitted the alcohol vapors.

*It cannot distinguish if the alcohol vapors are emitted from a source of alcohol like a spilled drink.

*There are counter-measures people can do to lower blood alcohol vapors like turning on the air conditioner or lowering the windows. The device does not take those things into consideration.

*It may be Unconstitutional to beam a laser into your vehicle. In California, an officer must have probable cause to stop a driver. In other words, an individual must be driving erratically or commit a traffic violation like speeding or having a broken taillight. After the stop, an officer must establish probable cause to make a DUI arrest after conducting a DUI investigation. This typically includes making direct observations of the driver and his or her performance on field sobriety tests.


The Constitutionality of the device may be ultimately decided by U.S. Supreme Court if the device is used in the U.S. However, it is highly unlikely that devices like this would be allowed because of the potential it has to infringe on a driver’s legal rights.

Want to learn more about fighting a DUI or driving under the influence charges? Contact the Law Offices of Jonathan Franklin. We are committed to representing drivers across Los Angeles County who are arrested for a felony or misdemeanor DUI charges.

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

What To Do—and Not Do—at a #DUI Traffic Stop

Newsflash from your Hollywood Attorney:

What you do and do not do at a traffic stop can make a positive difference during a potential DUI arrest. Remember what you say and do may have a strong impact in two ways:

•Whether you are actually arrested for DUI

•How much evidence police and prosecutors can use against you if there are formal charges ultimately filed against you.


What to Do During a DUI Traffic Stop:

Know that the police officers are closely watching you. If you are stopped on suspicion of driving drunk, remember that you are under being observed. The police officer is watching and listening to everything you say. What you say and do may be used to establish probable cause for an arrest. Police are searching for:

•Slurred speech.

•Bloodshot eyes.

•Affirmative answers to whether you were drinking.

•Fumbling around for your registration information or license.

You should always keep your speech clear and movements intentional. Always remember that you are under close police observation.


Request that the traffic stop be recorded

It is often beneficial to have the DUI stop, investigation and arrest recorded. Recorded evidence decreases the chance that the judge or jury has to decide based on witness testimony alone who they believe more: police or defendant. Besides, video and audio recordings may show botched police procedures like inaccurate field sobriety test instruction and administration. It could also show that you were not acting a way a drunk driver would.


Cooperate with police

Any time you are aggressive and/or rude with police, you increase your risk of getting arrested. Thus, be polite and always cooperate.


Agree to the chemical test request

In California, it is the law that you undergo a blood or breath test after a DUI. You can refuse. However, you face harsh penalties like a suspended licenses if you do refuse.


What Not to Do During a DUI Traffic Stop

Do not take field sobriety tests

FSTs are different from a chemical test. You are not legally required to agree to these tests. So you will not face any harsh consequences.

You do not have to answer certain questions if you choose

After you are stopped, an officer will typically ask you about how much you had to drink. If you answer these questions, you may be giving police more evidence against you. You can politely decline to answer. After all, you do have the right to remain silent with respect to questions that may be used to elicit responses that can ultimately incriminate you.


You do not have to take a portable breath test

In some situations, an officer may ask you to take a roadside breath test via a portable breath testing device. This device is called the PAS test in California. You do not have to agree to take this test if you choose not to. Instead, you can politely decline and tell the officer you’d rather submit to the required breath or blood test without providing a sample to the handheld PAS test. Chemical breath tests are typically conducted at the police station while blood draws can be done at the station or local hospital.


Do not let police search you
If the police arrest you, you may have no choice but to submit to a search. Otherwise, you do not have to agree to let police search you or your belongings during a traffic stop prior to an arrest.

You should also remember that every case is different. The decisions that are right for you in your DUI case may not be the right decision in someone else’s DUI case. However, every DUI traffic stop has many things in common. That is why the Law Offices of Jonathan Franklin provides basic dos and don’ts with respect to driving under the influence investigations. We want to help you make the best informed choices before, during and after your DUI traffic stop and arrest.

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

Can You be Charged with #Murder for Causing a Fatal #DUI #Accident?

Newsflash from your Hollywood Attorney:

Can what happened to a Southern California man in July 2014 happen to you? It may seem extreme but there are certain instances where you can be accused of causing a drunk driving accident and face murder charges too.


One DUI and Murder Case

The 25-year old Southern California man was convicted of second degree murder and other criminal charges for the deaths of two Caltrans employees. The conviction was a result of a 2012 car accident that occurred in a construction zone in Torrance, California.

The car crash happened on July 22, 2012 during the morning hours. According to state prosecutors, the man was driving a Ford Explorer approximately 90 miles in that construction zone when he lost control. His SUV struck another SUV. The second vehicle spun out of control before it struck two Caltrans employees. The third worker was hit, but the injuries were minor.

Prosecutors claimed that the man’s blood alcohol concentration, or BAC, level was 0.21 percent at the time the accident happened. He was sentence to a minimum of 34 years in prison. His maximum punishment is life in prison.  


Implied Malice and Murder

In cases where a death happens during a traffic accident, a driver is at risk of being charged with vehicular manslaughter. Vehicular manslaughter is a serious charge, but it is less serious than murder. The charge is defined as an act that was not done intentionally, but involved illegal or reckless behavior.

However, there were two factors working against this defendant that could work against anyone in the same position. First, this was not his first DUI conviction. Any prior DUI convictions, more specifically a DUI that causes injury or a similar serious offense, increases the severity of the current charge that a defendant faces.

It seems like a prior conviction should not increase or have a huge impact on any current charges, but it does. The reason for this is a landmark case called the People v. Watson 30 Cal. 3rd 290 in 1981. In that case, the court decided that implied malice can apply in fatal DUI cases. Implied malice supports a second degree murder charge because of the person's intent involved.

Therefore, implied malice will be used to prove the intent element for murder just like gross negligence does for vehicular manslaughter.


Implied Intent vs. Gross Negligence

Implied intent and gross negligence are difficult to distinguish. Basically, the prosecution has a duty to prove a defendant is guilty beyond a reasonable doubt. Thus, the prosecutor must prove that the defendant acted with implied malice to prove second degree murder in fatal DUI accident.

Gross negligence is defined as acting in a way that can cause someone’s death or serious bodily injury. It is essentially negligence because the individual knows (or should know) that his or her actions could cause this level of harm. Implied malice is one step above gross negligence. Why? Anyone who drinks and drives should have the knowledge that this action can cause serious bodily harm or death. Yet, the individual drives under the influence.


California Penal Code 187

The other factor working against the man convicted of second degree murder is California Penal Code 187. This statute defines murder as an unlawful killing of a human being or fetus with malice. This statute includes both expressed and implied malice.

Unfortunately, this man found out the hard way that a DUI may result in a murder conviction. If you are accused of DUI or DUI causing a fatal accident contact he Law Offices of Jonathan Franklin immediately. You need to protect your rights and future in your efforts to avoid more serious charges like murder.

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

#Checkpoints for CA. October 4 - 17, 2014 from Your LA Defense Attorney #DUI

Newsflash from your Hollywood Attorney:

This Page will be Updated throughout the Weekend, so Check Back Often!

Saturday October 4, 2014
Elsinore-Wildomar ?pm - ?am
Los Angeles at Sunset Blvd. and Orange Grove Ave.  7pm - 1am


Friday October 17, 2014
South LA  Watts area ?pm - ?am

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

Friday October 3, 2014

Fairfield 7pm - 12:30am

Southgate at Firestone Blvd and Atlantic Ave.

Vacaville (within city limits) 6pm - ?am

I Do Not Want to Go Through a Sobriety #Checkpoint. What If I Avoid It?

Newsflash from your Hollywood Attorney:

Majority of Californians have encountered sobriety checkpoints, or DUI checkpoints, while driving. Sobriety checkpoints is an effort to decrease drunk driving. Law enforcement officials generally conduct checkpoints and increase patrols of holidays like the Fourth of July or Labor Day. So what happens when you approach a sobriety checkpoint and choose to drive in another direction to avoid it?

Well, avoiding a sobriety checkpoint is not against the law. A police officer cannot stop you because you had chosen to turn around and drive away from the DUI checkpoint. There is possibly a catch. Before discussing how you could be stopped for leaving a DUI checkpoint, let’s discus these checkpoints and reasons for them.


For a sobriety checkpoint to be Constitutional, the following must be present:

•Police have to let the public know about the checkpoints in advance.

•The checkpoints cannot be hidden. They must be visible to any oncoming motorist.

•Drivers are stopped using a mathematical formula, not at police discretion.

•The checkpoints must be set up in a location that is reasonable. For instance, they must be in an area that will yield results.

•All checkpoints must be safe for police and drivers. They also must have proper signage and lighting.

•Drivers must be stopped for only a necessary timeframe.


The court also decided in Ingersoll v. Palmer the following:

A sign must be erected to let drivers know about the checkpoint in well in advance of the checkpoint location. This gives drivers the opportunity to turn leave before entering the checkpoint. Most importantly, no driver can be stopped for choosing to avoid the checkpoint.


The “Catch” About Avoiding a Checkpoint

You see a sign posted announcing a DUI checkpoint is ahead. You choose to drive away or around the checkpoint to avoid being stopped. It is your legal option. However, there are many officers sitting in patrol vehicles watching drivers at checkpoints. Their job during that time is to watch for and observe drivers who turn away from the checkpoints.

For example, you are driving away from the checkpoint and the officer sees you. He or she can follow you and even pull you over if you commit a traffic violation like driving erratically. The officer cannot stop you for avoiding a checkpoint.


Approaching a Sobriety Checkpoint

You can decide to avoid the checkpoint. Make sure you do not give police a reason to stop you such as:

•Making an illegal U-turn.

•Speeding.

•Weaving in and out of lanes.

•Having a broken taillight.

•Driving in an unsafe manner.

•Running a red light.


If you decide to drive away from a sobriety checkpoint and you are then stopped by an officer, remain calm. He or she may not have probable cause to stop you if you didn’t commit a traffic violation. If the stop results in a DUI arrest and it may give your defense lawyer evidence to use to challenge your arrest and DUI charges.

Are you searching for more information about sobriety checkpoints and your Constitutional rights to challenge the DUI charge in California? Now is the time to contact the Law Offices of Jonathan Franklin. Defense attorney Jonathan Franklin and his team is experienced, aggressive and ready to fight for drivers’ rights who are charged with DUI. It does not matter if it is your first DUI or not. We also represent drivers who are charged with vehicular manslaughter and DUI causing injury. Contact us 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