Recent Posts in Field Sobriety Testing Category

On Saturday, the Marion County Sheriff's office received a phone call about someone riding a lawnmower on a road in Anthony at 11:30 PM.

After receiving reports, a deputy stopped the man who was riding a red craftsman lawnmower that was heading east in the westbound lane without any lights.

The driver of the lawnmower, Richard Paschen, was holding a cup containing beer in a cup holder. When stopped, Deputy Gary Miller asked the Paschen how much he had drank and Paschen said, "a pretty good bit". 

After failing field sobriety tests, they lawnmower rider was placed under arrest for driving under the influence. At the Marion County Jail, he refused to take a breath test. When questioned by police, Paschen said that he has so manyDUI charges that he has lost count.

Upon pulling his record, police saw he had three prior DUI convictions and that his driver's license has been suspended seven times. One of the suspensions was permanent.

If you have been charged with DUI in Southern California, now is the time to contact our firm and speak with an Orange County DUI lawyer.

On Tuesday, a deputy from the San Diego County sheriff's office stopped a North County Transit bus driver during afternoon hours.  According to reports, the deputy stopped the driver after a bus passenger told dispatchers that the driver was making unnecessary stops.  The passenger also told dispatchers that the bus driver appeared to be intoxicated.

At 4:25 PM, as the driver was traveling up 479 Encinitas Boulevard and transporting eight passengers, police pulled him over.  They then arrested the driver, 40 year old David Joseph Costello, after he failed field sobriety tests.

Costello was suspected of operating a commercial vehicle while under the influence of alcohol and is facing DUI charges at this time.  A spokes person for North County Transit said that the bus was operating on Route 309, which carries passengers from Oceanside to Encinitas.

If you have been charged with driving under the influence in San Diego, now is the time to contact the Law Offices of Virginia L. Landry and speak with a San Diego DUI defense lawyer.

There is much confusion as to whether or not a driver should submit to a chemical test when suspected of DUI.  On the one hand, if a driver submits to a chemical test a fails, those test results can be used as evidence against the driver.  On the other hand, if the driver refuses to submit to a chemical test, his or her license will be suspended.

Under the implied consent law, all drivers are required to submit to a breath or blood test at the request of an officer. Failing to submit to a chemical test when suspected of driving under the influence will result in a license suspension.  The following information, taken from the California DMV website, will give you an idea about how long your license will be suspended if you refuse to submit to a breath or blood test:

• First offense: 1 year license suspension
• Second offense within 10 years: 2 year license revocation
• Third or subsequent offense within 10 years: 3 year license revocation

Experienced Orange County DUI Attorneys

If you are facing a license suspension after refusing or failing a breath or blood test, please contact an Orange County DUI lawyer at the Law Offices of Virginia L. Landry.  Once charged with DUI, the attorneys at the firm can help you take on the prosecuting attorney by building a tough defense and aggressively challenging the evidence.  With years of DUI defense experience, the attorneys at the firm understand what is involved in defending someone against DUI charges in Orange County, and are committed to securing the best outcome possible for their clients.

If you are interested in learning more about the defense services offered at the Law Offices of Virginia L. Landry, please contact the office today at (877) DUI-QUEEN!

Field sobriety tests are standard procedure in a DUI police stop.  These tests are conducted on the side of the road to determine if a person suspected of drunk driving is actually too intoxicated to operate a vehicle. 

There are three main field sobriety tests that officers in Orange County typically use:

• Horizontal Gaze Nystagmus

• Walk and Turn Test

• One Leg Stand Test

While all of these tests in theory are a good way to gauge a driver's level of intoxication, in reality they can be very misleading and incredibly inaccurate.  There are number of reasons why even a sober person might fail a field sobriety test, for example:

• Poor roadside conditions

• Poor weather conditions

• The driver's type of footwear

• Distraction from headlights or traffic

• A natural lack of balance or coordination

• A pre-existing illness, injury, or disability

• The officer did not give clear instructions

• The officer's opinion is biased

Experienced DUI Defense in Orange County

If you have been arrested for DUI after taking one or more standardized field sobriety test, do not waste any time in contacting Orange County DUI attorney Virginia Landry. These tests are extremely subjective, and it is left to the discretion of the officer to decide whether or not to place someone under arrest.  Unlike a breathalyzer test, these tests are not based on any scientific data or formula; it is purely based on the officer's opinion.

At the Law Offices of Virginal L. Landry, you can trust we will fight your charges aggressively, and will not hesitate to question the police officer's motives and actions the night you were arrested.  Our job is to help you beat your charges to avoid a conviction--and this is exactly what we intend to do.

To learn more about the defense services offered at the Law Offices of Virginia L. Landry, please visit our website at www.duiqueen.com.

One of the most common statements we receive from our clients includes that they were not read their Miranda Rights after being arrested for a DUI.  Police officers don't necessarily need to advise you of your Miranda Rights if you have been arrested for a DUI.  You may be wondering...how does this make any sense?  Haven't we always learned that during an arrest, you should always be advised by law enforcement that "you have the right to remain silent " and "anything you say can be used against you"?

Law enforcement is trained to obtain incriminating evidence during a DUI investigation before a subject is arrested.  What does this mean exactly?  The courts have determined that two conditions must be met before a police officer must read you the Miranda Rights; concurrent custody and interrogation of a subject.

Once law enforcement initiates a traffic stop they may find a reason to believe that the driver has been drinking.  They will continue questioning the driver and perform field sobriety tests before they make the determination to arrest the driver for being under the influence.  Should they continue to ask direct questions regarding the DUI after the driver has been arrested, then in this case it is necessary under the law that the officer read the arrested person their Miranda Rights.  However, if the officer has no further questions and the driver is in their custody, then law enforcement is not required to read the subject their Miranda Rights since the second condition has not been met.  However, in certain circumstances, it may be possible to keep statements from coming into evidence.

If you have been arrested, you will need an experienced and skilled DUI defense attorney to help discern whether or not your rights were violated.  Give the Law Offices of Virginia Landry a call at 949-585-7400.  We provide a free consultation and can help you get through this difficult time.  Visit us at www.duiqueen.com or www.orangecountycriminallaw.com.