Monthly Archives: September 2022

MUST a Marine Corps Reservist self-report a DUI Arrest that occurred while the Marine was NOT on duty (in status)?

Discussion- The Navy has a NAVINSTR-, Nav Instruction, that MANDATES that Sailors (and Marines too), self-report ANY arrest or criminal charge. I used the term MUST above because it is the basis of a criminal charge.  That is, if the … Continue reading

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Can Physical Ailments Such As Long Covid Cause False Positives During Field Sobriety Tests?

The PAS requires a certain amount of breath pressure before it will capture a sample of breath suitable for a BAC result. Many folks have physical limitations or breathing problems that limit their ability to perform. For example, if a … Continue reading

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The DMV Must Prove A Driver Was Properly Admonished Of The Consequences In Order To Suspend A License For A Refusal

When a driver was not admonished in compliance with Vehicle Code section 23612(a)(1)(D), because the officers improperly read the admonition or misstated the admonition, a refusal finding cannot be sustained at a DMV hearing.  Decker v. Department of Motor Vehicles, … Continue reading

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If you have been recently arrested for DUI and plan on traveling to Canada, you may face some obstacles.

For context, Canadian immigration officials sometimes ask foreign nationals entering by foot, car, bus, train, boat, or plane whether they have ever been arrested.  By the official’s training, experience, and hunches, follow-up questions would depend on the traveler’s answer and … Continue reading

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