The California DMV resumed behind-the-wheel testing beginning Friday, June 26. Drivers and DMV instructors will be required to wear face masks and drivers will be asked to lower two windows to increase air flow in the car. Pre-test instructions will be given outside the car. DMV examiners will also wear…
San Francisco Criminal Lawyer Blog
Prosecutor in infraction trial need not appear to oppose motion to suppress
The People, Plaintiff and Appellant, v. Lula Sophia Gong Cotsirilos et al., Defendants and Respondents., 2020 WL 3396240 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2020) Summary: Two defendants cited for underage alcohol infractions filed a motion to suppress the evidence. The prosecution did not file an opposition or appear at…
Murder Conviction for Drunk Driving Reversed For Allowing Surprise Expert Testimony
People v. Hughes, 2020 WL 3071948 (Cal.App. 4 Dist., E069445; Filed 06/10/2020) Facts: After drinking, Michael Dwayne Hughes hit a PT Cruiser whose driver failed to yield to him, killing the driver and her two children, who were passengers. Hughes, who had a prior conviction for driving under the influence,…
COVID-19 Pilot Program: Reduced Fines for a Guilty Plea-why it’s a bad deal for most drivers.
If you have pending traffic violation in the San Mateo Superior Court you may have received a notice offering a reduction of the fine in exchange for a plea of guilty or no contest. These notices were sent to defendants and their attorney of record. This pilot program was announced…
Supreme Court reverses conviction: DA impermissibly vouched for officer’s veracity
People v. Rodriguez, 2020 WL 2563833 (Cal.) (Cal., 2020) Supreme Court of California; S251706; May 21,2020 Summary: The California Supreme Court held that a prosecutor impermissibly vouched for witness credibility by telling the jury in closing argument that two testifying officers would not lie because each would not put his…
San Francisco conviction overturned: Warrantless detention is not supported by collective knowledge of police.
Summary: Defendant was convicted in the Superior Court, San Francisco County, of domestic battery, and he appealed from denial of his motion to suppress evidence. The Superior Court, Appellate Division, held the State could not rely on “collective knowledge” doctrine to justify the defendant’s warrantless detention. The trial court failure…
Tickets for speeding over 100 mph up 87% during COVID-19 Quarantine; DMV expands online services
The decrease in traffic during the COVID-19 shelter in place, has seen an increase in speeding tickets for driving over 100 mph. ‘From March 19, when the state’s stay-at-home order began, to April 19, the CHP issued 2,493 citations for speeding more than 100 mph, as compared with 1,335 during…
Officer’s failure to give implied consent admonition for a DUI blood test does not make a driver’s voluntary consent invalid
People v. Lopez, 2020 WL 1163518; C080065 (Cal.App. 3 Dist., 2020) Summary: Sharon Darlene Lopez appealed the trial court’s denial of her motion to suppress evidence obtained from a warrantless blood draw after her arrest for driving under the influence of a controlled substance. The officer instructed Lopez that she…
A small amount of marijuana in a sealed container in a car is legal and does not justify a search
People v. Shumake (Cal. App. Dep’t Super. Ct., Dec. 16, 2019, No. 6093) 2019 WL 8128736 Stop by Specialized Dui Patrol Officer: Admission that driver had marijuana in the car While on specialized DUI patrol Berkeley Police Officer Megan Jones stopped a Hyundai with no front license plate, a violation…
Great Bodily Injury Defined
People v. Medellin (Cal. Ct. App., Feb. 20, 2020, No. F076022) 2020 WL 830758 The Court of Appeal reversed Samuel Medellin’s convictions for assault with force likely to cause great bodily injury, and their accompanying enhancements for inflicting great bodily injury. The Court found that the prosecutor prejudicially misstated the…