Tuesday, June 22, 2010

"Where's my Phone?" Weaving? Sober folks weave, right California Deputy DUI Donut?! How should you conduct yourself after a DUI arrest!

California DUI criminal defense lawyers often deal with a drunk driving investigative officer who maintains that the driver failed to maintain his lane in violation of California Vehicle Section 21658(a).

How does a California drunk driving criminal defense attorney deal with such a California DUI deputy?

Here's one sample:

Deputy DUI Donut, there are a number of other reasons why folks go over a lane marker, correct?

For example, a mechanical problem, talking to passenger, responding to a cell phone ring, looking at passenger, seeing something out the window, averting a road hazard, lawfully utilizing a cell phone to call one's loved one, lighting a cigarette, changing a radio station or cd, interfering glare, rain on the windshield or road, these are all reasons why drivers may go over the lane line, correct?

Deputy DUI Donut, you have weaved yourself while driving and when completely sober, correct?

Deputy DUI Donut, so while you have been driving with the caution characteristic of a sober person, you have failed to maintain your lane?

Deputy DUI Donut, what you need to know as an officer is whether any lane violations were caused by being under the influence of alcohol, correct?

Deputy DUI Donut, if the lane violation was not caused by alcohol, then it would not be appropriate for you to use the lane violation as a factor in your decision to make a California drunk driving arrest, correct?

Deputy DUI Donut, if someone goes over a lane marker because they are trying to avoid a pothole, that probably shows the driver is prudent and cognizant, the exact opposite of being under the influence of alcohol, correct?

Deputy DUI Donut, avoiding a road hazard shows that the driver is alert and able to maneuver their vehicle with the caution characteristic of a sober person, correct?

Deputy DUI Donut, you indicated earlier that the accused went over the line 2 times by about a tire width, correct?

Deputy DUI Donut, you also indicated that you followed the accused for about a mile, correct?

Deputy DUI Donut, the accused was not driving in a zigzag course, he went straight, then there was a drift and then he went straight again, correct?

Deputy DUI Donut, the lane violations also did not repeat regularly, there was a violation, then normal driving for a while and then a bit later another violation, correct?

Deputy DUI Donut, for a driver to fail to maintain the lane over a long one mile stretch, there often can be a regular pattern where one violation is closely followed by another, correct?

Deputy DUI Donut, a few questions back, you told us that there was no zigzag pattern, correct?

Deputy DUI Donut, you also told us that the lane violations were not regular but instead separated by periods of normal driving, correct?

Deputy DUI Donut, you told us earlier that weaving was an important factor in your decision to arrest the accused, correct?

Deputy DUI Donut, so your decision to arrest the accused may have been based upon a mistake, correct?

Remember, if suspected of a DUI in California, do these five things:

1. Always be polite and respectful to the drunk driving police officers. How you are perceived by a California DUI jury is extremely critical.

2. In California, a few jurisdictions video the DUI arrest, breath testing and/or booking process. Always be on your best behavior.

3. Call a friend or relative from jail ASAP so they can hear you speak to help determine your actual state of sobriety.

4. Compile a detailed list of all chronological events before being stopped up to and including being released from California DUI custody.

5. Hire the most experienced California DUI/DMV criminal defense lawyer to represent you.

A dedicated California DUI/DMV criminal defense attorney is able to examine your favorable issues and convey to a California DUI prosecutor, California DUI judge, California DUI jury, or California DUI - DMV hearing officer.