Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “So, you…but to prove somebody is not driving with a 0.08 or above is a little bit more difficult to accomplish when they’ve got a blood alcohol result saying 0.12. Or an evidentiary breath test…say 0.15. So, you can’t really attack whether the person is […]
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Ray Hrdlicka – Host – Attorneys.Media “What are those evidentiary tests that you just mentioned. And I assume those occur at the police station or the jail. Am I right?” Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Generally speaking, there are some jurisdictions that do have evidentiary breath tests they can do
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Ray Hrdlicka – Host – Attorneys.Media “Let’s talk about the test at the time of the traffic stop.” Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Right.” Ray Hrdlicka – Host – Attorneys.Media “The officers see something, swerving, and then we’re going to talk about probable cause. What constitutes, that in a moment.
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Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Because again, you look at why the marijuana DUI’s are so complicated, is they don’t have that bright line rule. And in fact, NHTSA has done some studies which show that people who are impaired are better drivers when they’re under the influence of marijuana,
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Ray Hrdlicka – Host- Attorneys.Media “Oh, going out to dinner. Have a glass of wine with dinner. So, do you refrain from having a glass of wine? I mean, the law says you shouldn’t.” Kirk Tarman – DUI Criminal Defense Attorney – San Bernardino County, CA “Yeah, well, I mean, look, a glass of wine
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Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Drugs, have gone down dramatically. In regard to the sentencing. Used to be like crystal meth, if you had personal use, you would be looking at criminal convictions from a misdemeanor to a felony. Cocaine, up to couple of years ago, even if you had
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Ray Hrdlicka – Host – Attorneys.Media “Field sobriety tests, they’re walking, counting, etc. Do they administer the PAS after that? Or do they skip that and go right to an arrest?” Kirk Tarman– DUI Criminal Defense Attorney – San Bernardino County, CA “Yeah, they usually do the preliminary alcohol screening test after they’ve done all
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Ray Hrdlicka – Host – Attorneys.Media “Well, let’s talk about criminal history. Somebody’s got a prior. Well, how… we’ve obviously just talked about probation, getting arrested again. But let’s change the question a little bit. Somebody has a criminal history, and they’re prevented from getting back into society. I mean, do they have to answer,
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Ray Hrdlicka – Host – Attorneys.Media “Before the arrest, any of that conversation is still usable with the police officer in their report. Is that correct?” Kirk Tarman– DUI Criminal Defense Attorney – San Bernardino County, CA “For sure, most of that is the basis of their case, that…that is showing impairment at or near
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Ray Hrdlicka – Host – Attorneys.Media “You know, you raise an interesting point there…for somebody who potentially has vertigo, that last test you described, looking up. I mean, they’re going to fail it miserably.” Kirk Tarman– DUI Criminal Defense Attorney – San Bernardino County, CA “It’s impossible. And again, if you’re going to do these
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