Good Samaritan Laws & Implied Consent

Numerous stories in the Bible have served as a source of familiar examples in Western legal writing. The Biblical story of the Good Samaritan is one such story, and has lent its name to so-called Good Samaritan laws. In the Gospel of Luke, Jesus uses this story to encourage his followers to help others who are in need no matter what the circumstances. The point of Good Samaritan laws, then, is to protect people who act with the intent of helping others.
The classic example used to illustrate this principle is of someone drowning in a lake. If you are walking by the lake and witness someone drowning, and then leap in the water to try to save them, there is no guarantee you will be able to pull the person from the lake. If you are not able to, and the person dies, Good Samaritan laws prevent you from being liable for the person’s death. By reducing this liability, the laws are intended to encourage citizens to help one another.
These laws do not ordinarily protect rescue workers while they are on the job. Their training necessitates considering the situation differently than if a random passerby were involved. Despite this, Good Samaritan laws can sometimes cover rescue workers who are acting in a voluntary capacity: for example, if the person walking past the lake happened to be an off-duty rescue worker.
Although the drowning example is a very straightforward case where these laws apply, in reality such situations can be much different from this and can be very complicated. In most states, it is not illegal NOT to give help to someone in danger. Only in Minnesota and Vermont are people required to act to help the drowning person (or whomever), even if all that means is calling 911. For that reason, although many would find it unethical, standing on the shore watching someone drown is legal in most states.
Other problems can arise when the action the so-called Good Samaritan takes is excessively dangerous or reckless for the situation, beyond what a reasonable person would do. It can be difficult to determine exactly when someone’s actions are “too much.” One issue of particular concern is the idea of “implied consent.” Going to the help of someone who does not consent to your help can be punishable as assault and battery, except in situations where no reasonable person would turn down help. In these cases, if the responding person acted in good faith, they will often not face charges.
Good Samaritan laws help us look out for one another. Many people would be willing to come to the aid of strangers, but only if they knew that their attempts to give help would not result in legal trouble. If you have attempted to aid someone else who was in serious peril, and you are now facing legal charges, the San Jose defense attorney Daniel Jensen can help you. Call him today to learn more!
Joseph Devine

The CARD Act: Will This New Law Help Consumers?

The Credit Card Accountability and Disclosure Act (CARD Act) was passed in 2009 to protect consumers from abusive credit card issuers. Here’s how some of the laws will affect you.
You Will Receive Notice of Rate Changes
The CARD Act prohibits credit card issuers from arbitrarily increasing your APR without 45 days notice and applying rate increases to existing card balances. The banks must also provide you with notice and the right to cancel your card and pay off the existing balance if the interest rate increases. The Act will also prevent a credit card issuer from increasing the rates in the first year after a credit card has been opened and requires promotional rates to last at least 6 months.
You Will not be Penalized for Making Timely Payments
The CARD Act prevents issuers of credit cards from charging interest on debts that are paid on time, otherwise known as “double-cycle” billing. It also requires issuers of credit cards to credit payments made at a local branch store immediately to your account, and it prevents the banks from charging late fees if they delayed crediting payments made. If your rate increased, but you have been making payments on-time for at least 6 months, banks are required to review your account and return to your interest rate to the interest rate prior to the increase. If you make payments in excess of the minimum payment, the excess amount will be applied towards your debt with the highest interest rate first.
Your Payment Due Date Will be the Same Every Month
Your payment will be due by 5:00 p.m. EST on the same day every month, and if this date lands on a weekend or holiday, the due date will be pushed back to the next business day. Card issuers are also required to provide you with notice regarding penalties and late fees they will charge if you are late. In addition, charge card issuers are required to mail out credit card statements at least 21 days prior to the payment due date.
Prevents You From Paying Unfair Fees
The CARD Act prohibits banks from charging a fee for taking payments, either by phone, mail, online, etc. except in instances where you receive live in-person service to make expedited payments. It also prohibits credit issuers from charging over-the-limit fees unless you “opt-in” for the charge card issuers to complete over-the-limit transactions. The fees charged by the charge card issuers must be reasonable and proportional to the violation, and it protects you from excessive fees on low-limit, high fee credit cards.
You will Receive More Detailed Information from Card Issuers
Your charge card issuer will need to include more information on your credit card bill, including: 1) if you only make minimum payments, how long will it take for you to pay off your debt, and how much total interest you would have paid, 2) how much you would need to pay per month if you wanted to retire your debt in three years, how much total interest you would have paid, and 3) the difference between 1) and 2).
You will be Protected Against Misleading Terms
The CARD Act prevents banks from using terms such as “fixed rate” and “prime rate” in a misleading manner by providing set definitions to those terms. Card issuers also must use a minimum font size for their statements to provide you with better readability. You also have an opportunity to reject any pre-approved credit card up until the moment of activating the card.
Strengthens Oversight of the Credit Industry
The CARD Act requires charge card issuers to post the credit card agreements on their website, and to provide their agreements to the Federal Reserve Board to post on their website. It also requires the Federal Reserve Board to review the consumer credit card market and allows the Federal Trade Commission powers to make rules preventing deceptive marketing of free credit reports.
Younger People will be Safeguarded from the Credit Card Issuers
Credit cards will not be issued to anyone under 21 years of age unless they have a co-signer over 21 and limits the amount of prescreened offers to younger people. The CARD Act also requires banks to provide a reason to participate on college campuses and university-themed events. The CARD Act prohibits banks from giving out promotional material to entice consumers into taking on debt by signing with their credit cards.
You will Receive Gift Card Protection
The CARD Act requires a minimum of a five year lifespan on gift cards issued. Charge card issuers are prohibited from charging hidden fees and declining values on gift cards unless the gift card has been inactive for at least 12 months. If fees are charged after this period, it must be clearly stated on the gift card, and the banks cannot charge more than one fee per month under any circumstances.
The above benefits are a summary only! As with most laws, there are many rules and exceptions. Please consult with an attorney if you need legal advice. We have Oakland bankruptcy attorneys ready and available to help you, with offices in Oakland, San Francisco, San Jose, and Redwood City for your convenience.

Affordable Divorce and Family Law Options For Self Represented Individuals

Many potential clients come into my office in a great panic due to an upcoming court case. The bottom line is they are in a pressing legal need, but they have no money to afford a lawyer. The wife or husband has hired a lawyer and decided to take them to court over some family law issue. Whether the wife now wants full custody of the children or the husband wants to modify spousal support or child support that he is presently paying. These scenarios put many people rightly so in a panicked state because they now are left with the pressing issue of whether to secure legal representation or attempt a go at it alone.
As many self represented individuals are acutely aware, the legal system especially in Santa Clara County is not a friendly place for self represented individuals. There are many technical challenges from filing paperwork properly to navigating correct civil procedure. If there are even the tiniest of mistakes a court paper may be rejected or a worse yet a case may be rejected entirely due to what are seemingly small errors.
The first place, I tell clients to go is their local book store or library. There is a brand of books from Nolo press which can provide excellent information to lay people on how to conduct their own divorce. It is a good launching pad for starting your own divorce. The next step is to go to the local law library, such as the Santa Clara County law library and start delving into the actual legal books. Since a self represented individual is acting as their own lawyer they are held to those exacting standards. The problem with books from the Nolo press are that they are not specific to counties. They are made only state specific. Individual counties have different local rules which must be adhered to.
Many potential clients inform me that they have attempted self representation and it is just too time consuming and difficult to do. When that situation occurs, I always tell potential clients that there are other options available to them. In the California Family Courts we have the option of limited scope family law service or what is also called unbundled services. What this means is that a lawyer can agree to represent a client for a limited portion of their case. Whether that portion be filing a motion, drafting a declaration, explaining court procedure, reviewing their case and giving legal strategy and advice. A limited scope attorney may even appear in court for a client. This flexibility provides the client with avoiding having to pay a full retainer which is can be typically $2,000 – $5,000 for full attorney representation. The client can essentially pay as you go and get representation when they can afford it. The downside with this arrangement is that the lawyer can only represent them for the agreed upon amount of work. Once the work is complete the client is again self represented and is ultimately still responsible for their own case. This process works for those with a good grasp on their case, or those who can not afford a full attorney retainer.
There are other free and modest means options for those seeking low cost San Jose and Santa Clara County Family Law advice. I recommend that clients with no money speak with the Pro Bono Project of Silicon Valley, they do on occasion represent clients for free. Mostly the representation is related to domestic violence, but they do take certain family law cases. They also have a huge demand and unfortunately that allows them to be very selective in the cases they will take.
The other option is the Legal Aid Society of Santa Clara County who does take family law cases for free. They will take family law cases similar to the selection criteria of the Pro Bono Project of Silicon Valley. Domestic violence cases receive the most representation. There is the Family Law Facilitator’s office in the Santa Clara County court system. They have well regarded attorneys there who can assist those who can not afford any representation at all. They however can not represent you in court and they do not represent any party since their services are available to both parties and it would be a conflict of interest to represent both parties zealously.
Lastly, there is the Modest Means Panel with the Santa Clara County Bar Association. They offer low cost and sliding scale attorney’s for family law matters.

Petty Theft Attorney in San Jose – What is PC488? The California Penal Code For Petty Theft?

California Penal Code 488 is the CA code section that defines the crime called Petty Theft. In California, there are primarily two kinds of theft crimes – petty theft and grand theft. People are generally charged with petty theft when the value of the item they are accused of taking is worth less than $400.
The laws that describe the crime are found in a volume called the California Penal Code are set out in several chapters called sections.
Definitions of Petty Theft
Section 486 explains that there are two degrees of theft as follows:
“Theft is divided into two degrees, the first of which is termed grand theft; the second, petty theft.”
The California Penal Code section 487, PC487, sets out the value for determining Grand Theft as follows:
“…When the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400)…”
Petty Theft Punishment
California Penal Code section 490 goes on to describe the punishment for Petty Theft stating that “petty theft is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or both.”
Clients often ask our petty theft attorneys whether the personal property they’re accused of taking must be removed from the store in order for the crime to have been committed. In fact, removal is not necessary. In order for shoplifting to have taken place, the person accused must have concealed, converted or carried away the property. As long as the accused person had specific intent to deprive the owner of the item, it is not necessary for the accused to actually keep the property.
Every case is different and there are many factors in petty theft cases that affect the outcome of the case. In addition to the value of the item taken, the district attorney will look at the individuals existing record and other factors. Even through the California Code states these punishments, there is no fixed outcome for every case. When a case is properly defended by a good petty theft attorney, the defendant may be able to avoid fines and jail.
In addition, the district attorney has discretion when deciding how to prosecute a petty theft case. In order of severity, these cases may be prosecuted as a felony, a misdemeanor or an infraction. A felony is a much more serious crime and carries more drastic consequences for the person convicted. Either way, misdemeanors and felonies result in permanent criminal records. These kind of records do not fall off like bad credit reports or speeding tickets after a number of years. Rather they will continue to cause problems for people for many years when, for instance, they fill out a job application or apartment application and are asked whether they were convicted of a crime.
The reality is that many jurisdictions in California are getting tough on crime. Statistics show that US retailers lose over $20 billion of property every year. Therefore district attorneys are under a great deal of pressure to prosecute these cases to the full extent of the law.
Many people wonder whether it is necessary to hire an attorney when they are accused of a crime. What they must understand is that the US legal system is adversarial in nature, meaning that the prosecutor’s job is to seek the most stringent punishment, while the defense attorney’s role is to promote the most lenient outcome. When a defendant does not have a defense attorney, he or she is at the mercy of the court without a skilled advocate that is promoting his or her interests. In petty theft cases, a skilled petty theft attorney has many options at his disposal.
A San Jose petty theft firm called Summit Defense regularly works with clients who are accused of petty theft. No matter what the circumstances, they understand that their role as the criminal defense attorney is to push for the best possible outcome for their clients. The ultimate goal is to get the charges dropped by the district attorney. When that is not possible, the fallback is to work out a solution that at least avoids jail and a criminal record.
Regular solutions involve negotiating an agreement with the store called a civil compromise that allows a defendant to keep his record clean. In certain cases, Summit Defense may push for an infraction rather than a misdemeanor since an infraction is a lesser category of offense similar to a speeding ticket. Summit Defense is one of the San Jose’s largest and most experienced group of Criminal Defense Attorneys that only represents individuals charged with or accused of a crime. With over 15 years of experience, the Summit Defense legal team includes two former prosecutors, a former Police Officer and attorneys who graduated from the country’s top law schools including Harvard.
Summit Defense also has an in-house Immigration Attorney who works with non-citizen Summit Defense clients. Every day Summit Defense attorneys are in Bay Area courtrooms fighting for clients’ freedom, insisting on the presumption of innocence, and taking police and prosecutors to task when they violate their clients’ rights. Summit Defense offers a free initial consultation and their staff is available 24/7 to answer legal questions. Summit Defense is proud to be an accredited member of the Better Business Bureau and a member of the National Association of Criminal Defense Lawyers. Their accomplishments in the courtroom are well known in the legal community and include a recent a double murder trial win.

How to Sift Through the Hype and Enjoy a Cheaper Car Insurance Rate in San Jose, California

The truth is if you want to find cheap car insurance, you’ll have to dig deeper than the surface with most companies. You should get to know the minimum requirements of your state and determine if this amount is sufficient for your automobile coverage. If not, then the variables will change a great deal when comparing rates among providers. Let’s take a look at some of these variables and how they affect your car insurance rate.
California Facts about Car Insurance
If you feel that you only need the minimum liability coverage as required by the State of California, then here are the numbers. The liability requirements for Bodily Injury Liability coverage are $15,000 for injury or death of any one individual per accident and $30,000 total for one accident. The requirement for Property Damage Liability is $5,000 per accident. In California, your liability coverage will pay for damages up to these amounts if you cause an automobile accident.
The state does not require other types of coverage such as uninsured motorist, underinsured motorist, collision, medical payments, comprehensive, towing, etc. Your lender might require collision if you still owe money on your vehicle. Collision covers damages to your own vehicle if you are in a one-car accident or a multi-car accident in which you are at fault. If you owe money to a lender, the amount of your coverage must be equal to or greater than the value of your automobile. This ensures that the lender will receive the full amount (or close to the amount) of the loan back in the case of an accident.
You might also consider buying more coverage than needed to play it safe. Though not required by California law, comprehensive coverage gives you complete peace of mind by covering unusual incidents that may cause damage to your vehicle. These include storm/wind damage, flooding, hail stones, flying rocks (broken windshield), fire, theft, vandalism and highway encounters with animals such as deer, bears, cows, etc. With this type of coverage, you’ll pay more for your insurance but will be able to rest easy knowing these occurrences are covered.
San Jose Statistics for the Road
As you shop for cheap car insurance in San Jose, CA keep in mind that insurance providers use city and state statistics to determine many of their risk factors. These include statistics about accidents, theft, work commute mileage, average ages of drivers, etc. Providers also consider national auto crash test results, which determine which automobiles will likely have the least number of serious injuries or fatalities. In San Jose, 44 fatal automobile crashes were reported in 2007. These involved 111 people and 65 automobiles. That same year, San Jose had 6,413 auto thefts! Some of the most popular cars among thieves in 2008 were the 1991 Honda Accord, the 1994 Acura Integra, the 2007 Toyota Corolla, the 2004 Chevrolet Full Size C/K 1500 Pickup, the 1989 Toyota Camry and the 1994 Nissan Sentra.
You can research your local and state statistics easily online. The Department of Insurance provides a wealth of information on its website. Statistics affect everyone’s insurance, but can also give you an idea of what an insurance company considers to be high or low risk. For instance, if you’re planning to buy a new vehicle, you might avoid those that are on the most stolen list. Also, consider parking your car inside a locked garage at night, or add a security device and alarm. Buy a car with a top safety rating that has all the latest features.
Look for ways to save on your car insurance such as discounts, opting for a high deductible and insuring both your home and automobiles with the same provider. Use online comparisons to find out rates among the top companies based on your criteria. A little research can go a long way!

Get Cheap Car Insurance in San Jose, California

For drivers in San Jose, California, 1989 is a particularly important year. Many car insurance companies in this area suggest that vehicles manufactured in 1989 or later need more coverage than those that are older. For a driver with a late model vehicle this means they should be considering both collision and comprehensive coverage. This generally makes it a bit harder to find cheap car insurance in San Jose, California.
There is a saving grace for many drivers who live in San Jose. The good driver law helps to lower the rates for people who have been fortunate enough to stay clear of accidents for a period of three years. This is something that every driver who qualifies for the discount should mention to prospective insurance agents when they are shopping for car insurance.
Another discount that can help a driver obtain cheap car insurance in San Jose, California is for having safety features in the car. Not all insurance companies recognize a discount like this but it’s worth asking about. Typically if the insured has a car that has air bags they may automatically qualify for a discount on their premiums. Obviously this is only relevant if the policy covers a late model vehicle.
Telephoning or visiting the websites of several different car insurance companies that service the San Jose area not only gives the motorist an idea of how much prices vary per company, but it also provides insight into what level of insurance is right for them. Although you may believe that having the highest level of coverage is essential for everyone, it’s not. The key to cheap car insurance in San Jose, California is being aware of what you need and then finding a reliable company that can offer it at a price you can afford.

The San Jose Drug Rehab and Addiction Scene

San Jose is the third largest city in California and is the throne (county seat) of Santa Clara County. Sitting in the San Francisco Bay area and being home to over 7 million people this area has seen its share of drug abuse and addiction activity. Addiction and the societal problems that go along with it is a serious problem through the region. There is a significant need to create more comprehensive measures to increase the level of awareness concerning these issues on many social strata.
The overall outlook on drugs is increasingly apathetic with countless failed attempts by law enforcement to improve, or reduce drug abuse and addiction statistic many feel there is too much money being made. San Jose, California is no different as marijuana is the most commonly abused drug in California. Treatment admissions for marijuana addiction are high and increasing. According to the California Alcohol and Drug Data System, marijuana treatment admissions rose from 20,143 in 2000 to 23,531 in 2003, with treatment admissions skyrocketing up nearly 1/3 in 2010.
Methamphetamine, supplied by Mexican drug cartels and Asian gangs is widely available. The drug continues to be a huge source of the problems with substance abuse in this area. Methamphetamine abuse rates seemed to be leveling off in the 1990’s with just fewer than 20% of arrestees testing positive for the drug. The rate increased drastically from 2000 to 2003 with just over 35% testing positive. In recent years, like San Diego, meth abuse among women in San Jose is alarmingly high with over 40% of female arrestees testing positive for meth.
Mexican drug cartels have black tar heroin readily available and is the only kind of heroin obtainable in the San Jose area. Heroin addicts who cannot obtain the drug often take clonazepam to stave off withdrawal symptoms. Heroin abuse and addiction is one of the hardest drugs to overcome as the withdrawal symptoms are significantly worse than very a severe case of influenza. Although The National Drug Intelligence Center reports show cocaine abuse falls behind methamphetamine and heroin, cocaine is the next drug threat in Northern California. Both powder and crack cocaine is steadily abused in this region, but little cocaine in either form is sold in San Jose.
There are many resources for drug abuse and addiction treatment near San Jose. The Substance Abuse and Mental Health Administration directory of treatment facilities show 384 substance abuse and drug rehabilitation programs within a 100 mile radius of San Jose. Most of these treatment options are outpatient counseling and rehabilitation programs, methadone maintenance programs or short-term drug rehab programs. There are other longer term drug rehab available in the Northern California area that consist of non-denominational Christian or Bio-Physical/Cognitive/Educational drug rehab programs. The Christian based programs vary between 12-18 month inpatient rehab programs with Bio-physical programs averages a 4-6 month residential stay in treatment.

San Jose Schools Change School Nutrition and Limit Junk Food

Changes for the 2006-2007 School Year at San Jose Schools
Following in the footsteps of both federal and state trends to limit junk food and provide better nutrition to students, San Jose Schools will implement new some changes starting in September 2006. These changes may appear sudden but actually is part of a long term goal for improving student nutrition. San Jose Schools have been working to improve student nutrition over the past few years. San Jose Schools have already removed fried chips and carbonated beverages from all kindergarten-eighth grade schools. A lot of the changes occurring in September are a result of new federal laws. The new policy states that for a school to receive federal funds for their school lunch program they must institute a Wellness Policy. The Wellness Policy is a nutrition program that is designed and approved by the school board. In order to better meet these guidelines the San Jose Schools have created the SHAPE committee. The SHAPE committee is made up of school food service personnel, a school board member, district employees, health care professionals, concerned parents, and community members.
The Nutrition Policy
The Nutrition Policy states that all food on a San Jose Schools campus must meet the state nutritional guidelines for fat and sugar and fat content. The biggest effect of this policy for parents is that homemade baked goods will not be allowed on campus. San Jose Schools will make more snakes available at schools that meet these guidelines and provide a list of approved store bought snakes. Fundraisers that involve the sale of food items must be planned with and agreed to by the school. The San Jose Schools will actively encourage fundraisers that are not based around food sale but instead are based around physical activity. All San Jose Schools, including high schools, will ban carbonated soft drinks this school year. Classroom parties with food will be limited to one per month.
Nutrition Guidelines for Foods Available at San Jose Schools
The San Jose School Board is planning to adopt a series of new guidelines covering the nutritional concerns of students. This is done in order to meet to the growing concerns about student health and reducing childhood obesity. The San Jose School Board believes that there was a growing disparity between the foods available at school and the health curriculum. Strict guidelines have been adopted all foods and beverages sold to students, including foods and beverages provided through the San Jose School’s food service program, student stores, vending machines, or fundraisers.
The new policy also set guidelines for the San Jose School’s staff in using food items as a reward; the staff will be encouraged to use healthy alternatives or a different non-food choice as a reward for students’ academic performance, accomplishments, or classroom behavior. There is a plan to help parents by providing healthy foods list. The guidelines per food item include: No more than 35% of total calories from fat excluding legumes, nuts, nut butters, seeds, eggs, vegetables that have not been deep fried and cheese packaged for individual sale; No more than 10% of total calories from saturated fat; No more than 35% added sugar by weight; 175 Calories (elementary schools) and 250 Calories (middle and high schools). While an individually sold entrée may have no more than 4 grams of fat per 100 calories, 400 calories total.

San Jose Auto Insurance – How to Find Cheap San Jose California Car Insurance Rates

Is it possible to find cheap San Jose auto insurance rates? Well, residents of sunny San Jose, California are amongst the luckiest auto insurance shoppers in the country. California has a law that requires insurers to offer the cheapest applicable rates to anyone asking for a quote. This is a plus for consumers. However, having knowledge on your side will still help you to ensure that you get the best deal possible on the best San Jose auto insurance policy for you.
San Jose Minimum Car Insurance Requirements
In San Jose and the rest of California, the state requires drivers to prove financial responsibility in order to operate a car. For most people this means taking out liability car insurance. The minimum state requirements are $15,000 per person for bodily injury liability, $30,000 total bodily injury liability per accident and $5,000 property damage liability. These limits are very low and, generally speaking, are insufficient to cover the expenses incurred by serious accidents.
Shop Around For The Cheapest San Jose Auto Insurance
Whether you are looking for quotes on minimum liability coverage, full coverage or something in between, the best way to get a wide variety of quotes to compare and contrast is through using a free online quote tool. The more quotes you get, the better your chances of finding the absolute best deals on car insurance. Shopping around is the number one key to getting low cost San Jose auto insurance.
San Jose Auto Insurance Companies
Amongst the many companies that offer auto insurance in San Jose are:
Infinity
GEICO
Allstate
21st Century
Hartford
SF Insurance
Safeco
Unitrin

Is Hiring a DUI Attorney in San Jose Worth the Expense?

When the need arises to hire a DUI Attorney in San Jose it’s important to maintain composure and spend time seeking an experienced law firm. California has some of the toughest laws in the nation and severely punishes those convicted of driving under the influence.
It’s important to shop around for San Jose DUI attorneys experienced in the type of charge. However, time is of the essence. To avoid automatic suspension of driver’s license, defendants must submit a request for a formal review hearing within ten days of their arrest.
California Vehicle Code 23152(b) VC states, “It is illegal to operate a motor vehicle with blood alcohol content (BAC) of 0.08 percent or higher.” While no one condones driving while intoxicated there are factors that can alter BAC or provide false-positive results.
Furthermore, many people have been falsely arrested due to faulty tests and improper procedures. There is no doubt standardized field sobriety tests (FST) help law enforcement identify drunk drivers. However, these tests are not infallible.
According to the National Highway Traffic Safety Administration, FST tests are accurate around 65 percent of the time. Essentially, this means one out of four people who fail sobriety tests actually aren’t under the influence.
Chemical tests are another crime-busting tool for Santa Clara County officers, but are notorious for providing erroneous information. Breath testing is one of the most common ways to assess a person’s BAC. Other tests include urine and blood analysis.
California’s “implied consent” law authorizes police officers to demand chemical testing to determine blood alcohol content. Those who willfully refuse testing will be arrested on DUI charges and there license is automatically suspended.
Multiple factors can influence BAC test results. These include things such as procedural errors, faulty breathalyzer equipment, and physiological and environmental factors. Breath testing devices that utilize infrared spectroscopy technology can be disrupted by radio frequency and electromagnetic fields and result in abnormal readings.
Anyone who faces conviction for driving under the influence in San Jose California needs to have experienced legal professionals on their side. Defendants can make tasks easier for their attorney by organizing paperwork and preparing the sequence of events that occurred prior to, during, and after their arrest.
It’s important for defendants to know the exact charges filed against them, along with the type of chemical test administered at the scene, and their BAC level. Attorneys also need to know if defendants have previous DUI arrests or convictions, or if bodily harm or property damaged occurred.
The costs associated with driving under the influence can be staggering. Those who cannot afford legal representation will receive council from a public defender. While it’s best to accept pro bono services rather than go it alone, most public defenders are so overworked that it’s nearly impossible for them to build rapport with their clients.
The average cost to hire a criminal attorney in San Jose is $750 to $1500. If convicted, defendants also have to pay for court fines, drug and alcohol courses, and the cost of monitoring equipment, such as ankle bracelets and breathalyzer devices for automobiles.
For most people, the monetary expense of a DUI conviction is burdensome. Worse yet, a conviction can result in loss of employment or revocation of professional license.
It’s never worth risking the potential to be arrested for driving under the influence. However, those who make error in judgment or those falsely accused need to seek out the best San Jose DUI attorney they can afford. Otherwise, the consequences could haunt them for years.