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Uncategorized hudson on 04 Sep 2012

Monday Night Football at the Big “O”

The Oakland Raiders will open their 2012 campaign on Monday night against the AFC West, San Diego Chargers. With parking scheduled to open 5 hours before kick-off (2:15 pm) there are sure to be plenty of fans celebrating the home opener. CHP, OPD and other security agencies will be in place to keep things safe, including alcohol use. Don’t get caught up in a DUI checkpoint and if you do, put 510.645.0027 in your phone, Kapsack and Bair can help you.

Uncategorized hudson on 21 Sep 2009

Welcome to Canada, Now go home…

As the winter Olympics approach we are contacted be more and more persons who are planning on traveling to British Columbia to see some of the events in Whistler. Many of the persons contacting us have read about Canada’s prohibition of person’s charged and/or convicted of driving under the influence in the United States. Unfortunately, this is indeed the case, if you have been convicted of an alcohol related driving crime in the United States your admission to Canada may depend upon the good will of the person you encounter at the border. As a general rule, if you have been convicted, you can not expect to be admitted. That being said, admission is ultimately determined by the person inspecting the documents and making the decision at the border.

For many people, purchasing expensive tickets to sporting events and hotel rooms, the uncertainty is disconcerting. Recently, an article was published regarding the admission policies of the Canadian government. The article accurately states that there are three ways to ensure admission, apply to be a temporary resident, apply for rehabilitation or be deemed rehabilitated. The availablity of the particular process relies upon how much time has passed between the conviction and the attempted admission. For more information check out the article or review the official Canadian website .

Uncategorized hudson on 11 Sep 2008

Not all DUI Drivers are Alcoholics

Amazingly, someone realized that not every person pulled over for DUI is an alcoholic. It seems crazy to me that anyone would believe that a DUI driver is an alcoholic, in fact, some are not guilty of driving under the influence, not mention that many more may be guilty of making a bad decision based on State approved DUI charts (weight = number of drinks/hour) or some other lapse of judgment that put them behind the wheel at or around the legal limit.

The study cited in this article states that approximately 50% of all drivers pulled over are binge drinkers (which the author uses as a criteria to determine that a person is an alcoholic). The author further qualifies the non-alcoholic group as being persons who consumed more than a certain number of drinks the night they were arrested. This may be true, a better study might include the mean BAC for DUI arrests as well as a % breakdown, I sincerely believe that this number will be significantly lower than MADD would have the general public believe…

DUI Enforcement &Uncategorized staff on 12 May 2008

Push on Bike on your own property – get 4 days in jail

This gentleman seems understandably upset.

Uncategorized hudson on 03 Apr 2008

Criminal Inadmissibility to Canada?

Yes, sad but true, if you are convicted of a DUI you may not be able to enter into Canada. This site has a step by step analysis of the crimes that will prevent admission into Canada. It further describes the steps necessary to file a certificate of rehabilitation or become a temporary resident. This process is theoretically the only way that a convict can be deemed admissible to Canada. Although, the simple fact is that admission to Canada will be based upon the discretion of the border guard.

The process of rehabilitation may be initiated when 5 years has passed since the conviction. If a person needs to be admitted to Canada prior to initiating or completing the rehabilitation process you may apply for a temporary resident permit.

Uncategorized hudson on 25 Mar 2008

The Robing Room

If you are ever curious about the what other lawyer’s think about a particular judge you may choose to go to this site to investigate your judge. Unfortunately, many (most) judges aren’t rated but perhaps over time this could become a valuable resource for defendant’s and lawyers alike.

Uncategorized hudson on 22 Mar 2008

Prosecutors on Trial?

Three Northern California prosecutors are facing trial in the State Bar court for allegedly abusing their authority or violating the law. The prosecutors are from Santa Clara County, Santa Cruz County and Sacramento County. Earlier this year a fourth Deputy District Attorney from Sonoma County was suspended for four years for intentionally withholding documents that could have helped a physician defend himself against murder charges. A judge dismissed the case based on the attorney’s misconduct.

The DA in Santa Clara has been accused of concealing evidence, misleading a judge and ignoring a judicial order. His conduct included suppressing evidence that could have cleared two accused rapists. The two rapists were convicted and sentenced to prison terms ranging from nearly 19 years to more than 37 years. The convictions were overturned six years later. It is also alleged that he concealed evidence that would have repudiated an eyewitnesses testimony relating to a murder.

The DA in Santa Cruz’ charges stem from a drunk driving incident in 1995 where he claimed that another person was driving the car involved in an accident, State Bar lawyers believe that he was the driver and the “other driver” was a lie. In 2002 it is alleged he contacted a judge who was sitting on a hit and run insurance fraud case in which his girlfriend was the defendant. The State Bar lawyers are seeking disbarment in this case.

The DA in Sacramento is alleged to have withheld exculpatory evidence in a murder trial.

These prosecutions are part of a growing area of law for the State Bar as prosecutor conduct has come under more scrutiny in light of the misconduct and subsequent disbarment of former Durham County District Attorney Mike Nifong.

Uncategorized hudson on 15 Mar 2008

Washington State tosses Breath Tests

In an on-going scandal that is shaking the Washington State crime lab regarding simulator solutions the Chalan County District Attorney agreed to not use the breath testing results from 2007. The decision will affect any DUI case using breath testing evidence from December 2006 through January 2007. Unfortunately, there are only 10 unresolved cases from this period, the balance have the option of filing an appeal to get their cases re-opened. Attorney’s involved think that most of the affected cases will not choose to file an appeal as many of the cases rest on officer observations of intoxication to bolster the breath test results.

The decision stems from a finding that the breath testing program run out of the State Toxicology Laboratory was marred by ineptitude from the leadership down to the analysts. The ineptitude lead to a panel of judges concluding that the results were unreliable.

Uncategorized hudson on 05 Mar 2008

Not Your Parent’s Wine

Think your wine seems a little boozier? Well, the simple fact is that it is… if you drink reds. In the past, cabernet savignon and other red wines rated 12 to 13 percent alcohol, however the current trend has been toward using later more mature fruit. The reason for using late harvest fruit is a tastier and arguably fuller bodied wine. Additionally, the gradual warming of the climate in grape growing regions may also contribute to the increased sugar levels in the fruit. Unfortunately, a side effect of the later harvested fruit is increased sugar which, in turn, increase the alchol levels of the wine. The alcohol concentrations in these newer wines are 15 to 16 percent. The higher alcohol concentrations make the wine feel “hot,” hence the term “hot wine.”

If you are shopping for wine, labels may be confusing, “wines containing 7 percent to 14 percent alcohol can be labeled just “table wine” or “light wine,” as opposed to listing the alcohol content, under federal regulations. When a percentage is listed it can be off by up to 1.5 percent, a tolerance granted because one batch of wine may differ from another, said Art Resnick, spokesman for the Alcohol and Tobacco Tax and Trade Bureau in Washington, D.C. Wines over 14 percent alcohol, which fall into a higher tax category, must list alcohol levels with a tolerance of plus or minus 1 percent.”

Obviously, the problems with labeling can lead to difficulty determining how much alcohol a glass or bottle of wine may contain. This presents challenges for people who are consuming wine prior to driving and want to remain below the legal limit.

Uncategorized hudson on 22 Feb 2008

Online Immigration Information

As a lawyer who exclusively handles DUI cases our client’s and other citizen’s frequently ask us about the ramifications of a criminal conviction, informal versus formal probation and other potential impacts of a criminal charge and a subsequent conviction. The effects on a particular immigration situation should always be discussed with a lawyer who specializes in immigration law, however, many individuals handle their own immigration cases and do not have a lawyer involved. If you are a person without a lawyer, you may want to access this website for information and an informal chat room for persons going through the visa, green card and naturalization process.

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