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February 02, 2016

Plaid Coat Stand Off

For a while I really enjoyed following the story of the takeover of the Malheur National Wildlife Refuge in Eastern Oregon. It had it all in terms of looks: cowboys looking like the Marlboro man, high plains covered with snow. I can’t say I really…

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January 04, 2016

Driving Under The Influence Additional Restrictions In 2016

Driving under the influence additional restrictions (SB 61): You better reconsider getting behind the wheel after a few drinks. This law extends the existing Ignition Interlock Device (IID) pilot project to Sacramento and Tulare counties. According to the law, a person convicted of a DUI…

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January 04, 2016

Ignition Interlock Device

Driving under the influence additional restrictions (SB 61): You better reconsider getting behind the wheel after a few drinks. This law extends the existing Ignition Interlock Device (IID) pilot project in Alameda, Los Angeles, Sacramento and Tulare counties. According to the law, a person convicted…

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December 17, 2015

To Blow Or Not To Blow:

The US Supreme Court Accepts Review of DUI Test-Refusal Cases The United States Supreme Court has granted review of three DUI cases stemming from states in the Eighth Federal Circuit Court of Appeals, in Minnesota and North Dakota. All three involve the defendant refusing to…

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October 23, 2015

Drunk Driver Arrested While Live-Streaming

While it isn’t unusual for many people to share intimate details of their daily lives on social media websites, these platforms create an misunderstood opportunity for individuals to disclose possible evidence of crime. As if privacy were so passé. For better or worse, even a…

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October 19, 2015

Lamar Odom: My Take

Lamar Odom: What more could a human being ask out of life than to be a fabulously wealthy, famous, former NBA star, and married to a Kardashian? How about not being halfway in a coma in a hospital bed near Las Vegas? How about not…

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July 08, 2014

What You’re Paying For

I’m the last one in my office building tonight, and I’m not done yet. I’m off to a DUI seminar with some of the foremost experts in the state. When you hire a criminal lawyer with expertise, you’re not paying for what that lawyer does,…

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September 11, 2013

Petty Theft – Civil Demand

Here’s an article that was published in Bloomberg Business Week. It documents our local San Leandro store. Home Depot is not the only retailer engaged in these practices. One of our local judges is quite upset that this is done, and noted that no law…

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March 20, 2013

Law School Rankings

The author, Mr. Dalton, seems rightly concerned with law school rankings. First of all, I think most of these school rankings, law school or otherwise matter little to the individual who seeks an education. But if we are stuck with rankings, it seems that it…

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March 18, 2013

Value Of “Victorian” Education

Here’s an interesting article by Glen Kelman. I’ve found that I learned many of the skills I use for practicing law while in high school. Some things about work are just not that interesting, but doing them thousands of times builds skills. So it helps…

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March 13, 2013

I Don’t Have All The Answers

Here’s a link to an interesting article: I really agree with the author. Even though I’ve been practicing criminal law (DUI, Domestic Violence, Theft, Drugs, etc.) in Alameda County for over 25 years as both a prosecutor and defense attorney, I don’t have all the…

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February 21, 2013

Hayward DUI – With High Alcohol Level

I’ve been practicing criminal law and DUI law in Hayward for over twenty years. I’ve seen a lot of cases. Below I reprinted (with some minor edits) a story that I saw in the local newspaper of a Hayward DUI that caught my interest. So,…

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February 13, 2013

Flight – Movie Review – Legal Issues

“Flight,” a work of fiction, documents a brilliant and talented but alcohol and drug addicted pilot, played by Denzel Washington. The pilot drinks and takes cocaine while flying an airliner with over 100 people on board. Trouble occurs in the air and he manages to…

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November 08, 2012

Embezzlement – Stealing From The Inside.

Here’ a scene I hope you will not face, but maybe you will. Company security officers have invited you to a meeting at your work place in Oakland, Fremont, Hayward, Pleasanton, or some other location in Alameda County, and confronted you with some evidence of…

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November 06, 2012

On Parole? Can You Bail?

A woman asked me whether she could bail her boyfriend who may or may not be on Parole. Here’s my answer: If he is off parole you should be able to bail him out. If he is still on parole there will be a “parole…

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October 05, 2012

Protecting The Constitution

I’m really grateful that I’m a lawyer. Law, I suppose, is a calling. I think that I’ve always been a lawyer. Really, even when I was a little kid I was arguing, defending, and figuring out the rules at home or at school. I started…

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April 12, 2012

Petty Theft Case Dispositions

I hear people say, “I was arrested for a petty theft, I did it, I just want to get this behind me. I’m going to just go in, plead guilty or no contest, pay the fine, and get probation.” What’s wrong with that? EVERYTHING. Petty…

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February 13, 2012

Red Light Camera Tickets

A new case just came down from the California Court of Appeal, People v. Borzakian, cite as 2012 DJDAR 1923 (until the actual opinion is published in the advance sheets). The case holds that: “Police officer is not qualified to authenticate photographic evidence of traffic…

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