Law Office of Jonathan Franklin

Tuesday, September 30, 2014

Is #LegalLimit of 0.08 % High Enough? The National #Traffic #Safety Board Wants It Lower

Newsflash from your Hollywood Attorney:

There is no denying the fact that the past 70 years has seen a huge change in how police and the public view driving under the influence. Numerous private organizations, government agencies and lawmakers have focused on DUI laws. For instance, in California a blood alcohol concentration, or BAC, of 0.08 percent or higher falls within the DUI statute. Drivers at or above 0.08 BAC are typically arrested for DUI. This shift has helped decrease alcohol-related vehicle accidents across the country. However, it has also caused a rise in the number of DUI arrests.

For the National Traffic Safety Board, or NTSB, has continuously pushed for a lower legal limit. It wants every state to adopt a legal limit of 0.05 percent for drivers who are over 21 years old. It’s an effort that started more than one year ago.

Many states, including California, are hesitant to lower the legal limit. California already lowered the legal limit once. In 1990, the legal limit was lowered from 0.10 percent to the current limit. In fact, South Carolina officials publically disagreed with the NTSB’s attempts to lower the legal limit.

California Drivers Can Be Arrested for BAC Levels Less than 0.08 Percent

Police in the state are already allowed to arrest drivers for DUI even with a BAC level under 0.08 percent. Although the NTSB wants the lower limit to apply in all situations, California only applies this policy in certain situations. For example, if an officer believes a driver is significantly impaired to drive. However, his or her BAC is under 0.08 percent. The officer can arrest the driver for DUI. Here are some other instances:

•People who drive commercial vehicles such as trucks can be arrested if they have a BAC of 0.04 percent or higher.

•A driver 21 years old or younger can be charged with DUI. His or her BAC must be at least 0.01 percent.

Arrests over the Legal Limit

Majority of states are enacting DUI laws for BAC levels at 0.12 to 0.15 percent or higher. This makes lowering the legal BAC limit unnecessary. In some instances, drivers who have a chemical breath or blood test that registers a higher BAC level may face enhanced, harsher penalties. Yet, advocates are still continuing to push for a lower limit to set a message that drinking and driving is not tolerated.

Although the battle over lowering the legal DUI continues, Californians should be aware of a few things. They can be arrested, charged and penalized for a DUI even if their BAC levels are under 0.08 percent. Also, the Law Offices of Jonathan Franklin is available to help anyone facing a DUI charge. We will aggressive defend and protect your rights and your future. Call today for a free consultation. It is the first step in your efforts to successfully resolve your matter.

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, September 26, 2014

#CHECKPOINTS #DUI in CA. for MONDAY Sept 29, 2014 from Your #Defense #Attorney

Newsflash from your Hollywood Attorney:

Check back often as this page will be

UPDATED throughout the Weekend!

Monday, September 29, 2014
Los Angeles Sunset Blvd and Orange Grove Ave 7pm - 1am

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, September 26, 2014

Cal Poly University campus ?pm - ?am

Elk Grove 7pm - 3am

Goleta 7pm - 3:30am

Los Angeles, Olympic Blvd and Lake St 8pm - 2am

Newport Beach 8pm - 3am

Oceanside 8pm - 3am

Pico Rivera, Sacramento County 7pm - 3am at Whittier Blvd and Paramount Blvd

Rancho Cordova 7pm - 2am

Ventura 8pm - 3am

Saturday, September 27, 2014
Anaheim 8pm - 2:30am at 1220 East Ball Rd and Lewis St.
Arieta at Woodman Ave and Osborne St 8pm -2am
InlanEmpire Menifee now - 3am
Laquna Beach 7pm - 3am
Los Angeles Slauson Ave. and Verdun Ave. 6pm - 12am

Sunday, September 28, 2014
Los Angeles at Slauson Ave and Verdun Ave

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

Wednesday, September 24, 2014

Why #Police #Mistaken Bad #Driving for #DUI

Newsflash from your Hollywood Attorney:

Have you ever notice an individual speeding, rolling through a stop sign or swerving while driving? It’s easy to assume that the driver is under the influence of drugs or alcohol. That is not always a true assumption. He or she may just be a poor driver. In fact, there are several types of poor driving behavior that are unrelated to drinking alcohol or consuming drugs. Yet, they are as dangerous—maybe even more dangerous—than driving under the influence, or DUI.

Here are several examples of poor driving that can be mistaken for DUI:

Distracted Driving

There is no doubt you’ve heard about distracted driving. There are commercials and public service announcements devoted to this type of poor driving because of the increase in smartphone and cellphone use. Distracted driving has become more dangerous than driving under the influence of alcohol or drugs.

A study conducted by the Virginia Tech Transportation Institute, or VTTI, showed how likely drivers are to be involved in a car accident. The study revealed drivers were 23 times more likely to be involved in a crash who texted while driving.

Why? Any time a driver’s mental, manual or visual attention is taken off the driving task it leads to the same drunk driving behavior. Police may stop a driver under the belief that a traffic violation occurred and the driver was intoxicated, when in reality the driver was distracted and not paying attention to the road.

Mechanical Failure

Faulty steering, brake or another type of mechanical vehicle malfunction can cause a driver to lose control of his or her vehicle. Also, mechanical failure can cause erratic driving patterns or even car accidents. An investigation may show that a driver’s behavior was not caused by alcohol or drugs, but his or her defective vehicle or vehicle part.

Fatigued Driving

Driving while tired has similar effects of driving while under the influence. An individual may be unable to focus on driving. For instance, he or she may swerve in or out of her or his own lane. There is also a chance of the driver falling asleep while driving and causing a car accident.

A recent study conducted in Australian found that sober drivers kept awake for more than a 24-hour period actually drove worse than drunk drivers. The study also found that there was basically no difference between chronic and acute sleep loss. They both can severely impair a person’s driving abilities.

Carelessness

Of course, no driver is perfect. A simple careless act or mistake could cause an assumption that a driver is under the influence of drugs or alcohol. You may be accused of drunk driving. However, your blood alcohol concentration, or BAC, wasn’t high enough to fall within California’s 0.08 percent or more per se statute. Your carelessness or simple negligence may be to blame.

The Seriousness of a DUI Arrest

You may be pulled over and arrested for DUI. However, your driving mistakes have nothing to do with consuming alcohol or drugs.

Bad driving may result in a traffic violation like running a red light or texting while driving. These violations are punishable only with fines and points added to your driving record. A DUI is more serious and nothing to take lightly.

In California, DUI is either a felony or misdemeanor depending on the circumstances involved. If you are convicted, you could face prison or jail time, depending on the facts of the case. This is addition to probation, community service, court fees and fines you may also pay.

If you are accused of DUI, it’s time to start fighting. You may know that you were not drunk. However, the prosecution is determined to prove otherwise. Contact the Law Offices of Jonathan Franklin to start resolving your DUI

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

Friday, September 19, 2014

#DUI #CHECKPOINTS for Saturday, September 20, 2014 for CA.

Newsflash from your Hollywood Attorney:

Checkpoints for California September 19 - 20, 2014

Keep Checking Back as this page will be UPDATED THROUGHOUT THE WEEKEND!

Saturday September 20, 2014
Carlsbad 7pm - ? Carlsbad Blvd and Cherry St
Escondido at Valley Pkwy and La Terraza
Huntington Beach at Main St and Utica Ave.
Murrieta, InlandEmpire 7pm - 3am at Clinton Keith Rd
Northridge at Lassen St and ZelzahPerris at Perris Blvd and Rider Sr
Visalia 9pm - 3am

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

Friday September 19, 2014

Bakersfield at Oak St and Truxtun Ave.

Hawthorne at Crenshaw and 132nd St

Hollywood North at Lankershin Blvd and Archwood St

Lake Elsinore, Inland Empire, Riverside, 8pm - 2am Collier Ave

Lancaster at Ave K and Elm Ave.

Pasadena 7pm - 3am at Fair Oaks and Mountain

Placentia 8pm - 2am Chapan Ave and Placentis Ave.

Sacramento 6pm - ?

Sacramento North 10pm - 3am

San Jose 7pm - 1am

San Rafael

Santa Barbara Goleta within city limits 7pm - 3:30am

Whittier within City Limits 7:30pm - 2:30am at Whittier Blvd and Philadelphia St.

Woodland Police in Yolo County