Ventura DUI Lawyer Blog

A Republic, If You Can Keep It

On May 25, 1787, the Constitutional Convention first met in Philadelphia. Out of those months from May to September, 1787, was born our Constitution founded on a shared radical belief in the rights ...
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A Prolonged Traffic Detention for a Purpose That Goes Beyond the Original Reason for the Stop is an Illegal Prolonged Seizure

An arrest or a seizure of your person occurs when a reasonable person in your place would feel not free to leave. In the case of a roadside stop, a brief detention is justified by the circumstances, ...
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What Happens In the Lab Does Not Stay in the Lab: Science and Your DUI Test Result

“If I had been blindfolded and led in somewhere and then the blindfold had been taken off revealing the scene, I would have thought I was in a Third World Country,” so said an esteemed ...
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This New Year's Eve, Know Your Rights

As New Year’s Eve is upon us, some of us may be stopped for speeding, or for a failure to signal, and that stop – innocent enough at the outset – may develop into something more. All ...
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Cinco De Mayo DUI Checkpoints: What to do in Your Own Defense

I am frequently asked by friends and even by some passers-by (especially around Cinco de Mayo, it seems), what information do I have to give officers at a DUI Checkpoint? And do I have to do the ...
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Your Miranda Rights and Interrogation

Late in the evening on a blustery fall day, detectives arrived at the residence of my client, for the purposes of this article “Mr. “Smith”, an elderly gentleman with health issues ...
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"Popping the Cork" On DUI Investigation

The annual Santa Barbara County Vintners’ Festival Weekend attracts wine and food lovers for an opportunity to meet the vintners, taste their wines, and welcome spring with great food and music, ...
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Pat Down Search vs. Search for Evidence: Know Your Rights

In a recent case, I represented a client who was present at the scene officers responded to to investigate alleged loitering in a vacant house. When they arrived, my client was found to be in the ...
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Presidents' Day, Our Founding Fathers and Our Constitutional Protections

Most of our Constitutional protections have to do with making sure that our individual freedom of thought, of expression, and of action – all of which are necessary for human dignity and ...
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Drug Transactions: Illegal Arrest and Your Defense

What kind of observations do officers have to make to justify an arrest, that moment of restraint on your liberty when you feel - and a reasonable person in your position would also feel - not free to ...
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