UNITED STATES SUPREME COURT RULES THAT THE 4TH AMENDMENT PERMITS WARRANTLESS BREATH TESTS INCIDENT TO ARREST FOR DUI BUT NOT WARRANTLESS BLOOD TESTSWritten by Karen Bird
If you are arrested and released from custody, you have been given a date to return to court. Even though that court date may be several months away, you need to contact an attorney immediately. There may be work that can be done prior to the court date to make sure no charges are filed against you. If you are charged with a DUI you must contact the DMV within 10 days of the arrest or you will lose your right to fight a license suspension.
If your loved one or family member is still in custody, court dates will begin quickly and it is important that you have an attorney to make the first court appearance. If you do not have a private attorney, a public defender will be assigned to the case.
Karen Hunter Bird is lead counsel on People v. Macabeo argued today before the California Supreme CourtWritten by Karen Bird
Mr. Macabeo was riding his bicycle at 2:00 in the morning. He failed to stop at a stop sign before he made a left turn. Police officers, who were following 20 feet behind Mr. Macabeo in a marked vehicle with its headlights off, detained Mr. Macabeo for failure to stop at the stop sign.
Mr. Macabeo was ordered to get off his bicycle. Officers asked him to empty his pockets. Mr. Macabeo removed his cell phone from his pants pocket. Officers told Mr. Macabeo to sit on the curb. While one officer asked Mr. Macabeo questions such as “Where are you going?” “Where are you coming from?” “Are you on probation?” the other officer was rummaging through the content of defendant’s cellphone. The officer found illegal materials contained on the cellphone and Mr. Macabeo was arrested, not for riding through a stop sign, but for the possession of illegal photographs.