Probable Cause

The first and most obvious way to avoid a drunk driving arrest is not to drive after drinking.  (Notice I didn’t say, “don’t drive drunk.”  It stands to reason that you shouldn’t drive drunk, but if you want to avoid a DUI arrest, you also should not drive after drinking even if you are not drunk.)

The reality is that a number of people are going to feel that they are unimpaired and will get behind the wheel after having imbibed.

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Marie* got off work from her job as an architect at 5 o’clock Friday. She was excited not just because it was the start of a weekend, but because an old friend called with some good news. The friend invited Marie to meet her and some of their other friends at a local upscale eating establishment to catch up.

On the way home, Marie was stopped by the police for allegedly making a turn from the “right-turn-only” lane without signaling.

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In a regular courtroom when the defense makes an objection, there is the potential for “argument” on the issue. The defense may explain the basis for his objection. The prosecutor will argue for why the objection should be overruled.

This doesn’t happen with every objection, but every objection has this potential. If there is an argument, the judge has to hear both sides. Only then can he or she dismissively wave in the direction of the defense while announcing the objection is “overruled.”

And since any argument not infrequently occurs only in a sidebar, the time incurred in allowing a fair airing of the issue is increased.

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Earlier today, I received a call from someone seeking an attorney to defend them on a charge of driving under the influence of drugs and/or alcohol.¹ One of the questions — a perfectly reasonable one — concerned my experience in defending DUIs.

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1. See California Vehicle Code § 23152 at http://www.dmv.ca.gov/pubs /vctop/d11/vc23152.htm (last visited July 7, 2008). [↩]