Which States Do Not Share Driver’s License Information?

admin — Thu, 17 May 2012 05:42:25 +0000

DUI Attorney Daryl Thompson

At this time, forty-five states are members of the Interstate Driver’s License Compact. They share mainly DUI and other related driving convictions, as well as other moving violations. Most states are not currently capable of sharing all DMV information. The extent of the information shared depends on how technologically advanced the states’s DMV computer system is at this time.

As a member of the Driver’s License Compact, member states are required to report ticket convictions received by a motorist back to the state where they are licensed to drive. Their own state then determines if this offense will be placed on their driving record and if any points will be assessed, or a suspension is in order.

The members of the Drivers License Compact are:
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of ColumbiaFlorida
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
LouisianaMaine
Maryland
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New HampshireNew Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
PennsylvaniaRhode Island
South Dakota
South Carolina
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wyoming
Thus this leaves the states of Georgia, Massachusetts, Michigan, Tennessee and Wisconsin as non-members though most of these states still have their own agreements with other states to exchange information regarding traffic tickets.

I have had tremendous success in have driver’s licenses restored for out of state clients, even those who have had multiple DUI’s in the State of California while residing in another state. The DMV will tell you that you can only have your privilege restored once in a lifetime if you live out of state. This, however, is not the law.

For more information regarding out of state licensees ability to terminate DUI alcohol program requirements of the California Department of Motor Vehicles, GPS Monitoring Devices, Bail Bond, Ignition Interlock Devices (IID), Calculate BAC, Marijuana DUI, Periodontal Disease Can Affect Breathalyzer, Calculate Your Alcohol Tolerance, and more, visit Orange County Drunk Driving Attorney Daryl B. Thompson at www.drunkdrivinglawyer.com. You deserve the best DUI Lawyer Orange County. Call now for your free consultation at 1 (866) DUI-BUST.

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False Breath Test Readings

admin — Mon, 07 May 2012 06:12:45 +0000

DUI Attorney Daryl Thompson

The Transformation of Naturally Occurring Chemicals in the Body to Isopropanol (a form of alcohol) that will show up as a positive for alcohol in a driver who is tested for alcohol with a breath machine.

Based on an article that appeared in the Journal of Forensic Sciences in 1995 in the July Edition, Acetone and Isopropanol were identified in the breath sample of an individual suspected of driving under the influence of alcohol. A subsequent blood sample from the individual showed there was ethanol (the drinkable form of alcohol) in his blood stream.

A preliminary breath screening test, the man had consumed some alcohol (Vodka) the previous evening. However, he was being treated by his doctor for hypoglycemia and was on a special dietary program. This scenario provides a good example of severe metabolic ketoacidosis in a normally person. The combination of his hypoglycemia and the special diet he was on, caused a biotransformation (a chemical interaction or transformation within the body) of a high concentration of blood acetone to isopropanol. This occurs part way through the process of alcohol digestion. The upside being the individual will test positive on a breath test when in fact all he is suffering from is hypoglycemia and on a special diet that caused the body produce a form of alcohol known as isopropanol, but not the drinkable form of alcohol which could cause someone to become intoxicated.

For more information regarding GPS Monitoring Devices, Bail Bond, Ignition Interlock Devices (IID), Calculate BAC, Marijuana DUI, DUI Info OC, Can Periodontal Disease Affect Breathalyzer, Calculate Your Alcohol Tolerance, and more, visit Orange County Drunk Driving Attorney Daryl B. Thompson at www.drunkdrivinglawyer.com. You deserve the best DUI Lawyer Orange County. Call now for your free consultation at 1 (866) DUI-BUST.

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Early Drivers License Reinstatement With IID Installation

admin — Wed, 18 Apr 2012 05:07:39 +0000

DUI Attorney Daryl Thompson

Specific driving under the influence (DUI) violators the option to regain full driving privileges early through the installation and use of an ignition interlock device (IID).

Early Reinstatement Criteria

Vehicle Code Section 13352 (a) (3) and 13352 (a) (5) allows a second or third DUI offender to install an IID and receive an IID restricted license after a mandatory suspension/ revocation period, if the most recent violation of Vehicle Code Section 23152 occurred on or after July 1, 2010, and did not involve the use of drugs.

Eligible drivers must provide the following:

Verification of Installation Ignition Interlock

$45 administrative service fee

All other established reinstatement requirements and fees.

Second time DUI offenders whose violation involved alcohol only may apply for reinstatement after a 90-day suspension with proof of enrollment in a DUI program.

Third time DUI offenders whose violation involved alcohol only may be reinstated after a six-month revocation with proof of enrollment in an 18 or 30-month DUI School.

A conviction Involving drugs-second or third DUI offenders whose most recent DUI conviction included the use of drugs do not qualify for early reinstatement with the installation of an IID until a 12 month suspension period has elapsed.

Term of IID Restriction—The term of IID restrictions remain in effect for the remainder of the original suspension period. If you fail to comply with the IID requirements your license will be suspended for the remainder of the original suspension period.

Notification—A notification of the early reinstatement option will be mailed to second or third DUI offenders convicted of Vehicle Code Section 23152 through a Driving Under the Influence (DUI) Reinstatement Requirements New Laws insert (DUI IID Insert) that will be included with their suspension notice.

Background – Prior law required a minimum 12-month suspension/revocation period for second or third DUI offenders, pursuant to VC Section13352 (a) (3), and Section 23152 (a) (5), who opted for the installation of an IID. New legislation allows an earlier reinstatement option for second or third DUI offenders whose convictions do not involve the use of drugs and choose to install an IID.

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DUI Checkpoint in Ontario This Friday

admin — Thu, 12 Apr 2012 04:55:50 +0000

DUI Checkpoint in Ontario This Friday

Ontario Police Department have scheduled a sobriety and driver’s license checkpoint this Friday, April 13th.

The checkpoint will be at an undisclosed location from 6 p.m. until 2 a.m.

California Office of Traffic Safety, through the National Highway Traffic Safety Administration provided funding for the operation.

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DUI Arrest in California

admin — Thu, 05 Apr 2012 06:13:34 +0000

It is a crime in California to drive with a blood alcohol level of .08 or higher. Anyone arrested for driving under the influence must submit to a chemical test. If you refuse to take the test you face a one-year driver’s license suspension. If you have prior convictions the penalties are even more severe.

Not Guilty of a DUI

While driving under the influence is a serious problem in our society, sometimes people are charged with driving under the influence of drugs or alcohol who are not guilty, or where the prosecutor doesn’t have enough evidence to make their case.

There are many issues an experienced attorney can raise:

* Did the police have probable cause to stop you?
* Were you actually driving the car?
* Were you properly tested?
* Was your blood alcohol level .08 or greater at the time of driving?

I have more than 30 years of experience defending DUI’s and many times I can negotiate a reduced sentence or other present alternative sentencing options. I’ve successfully represented people who are facing their third, fourth or even fifth DUI’s, many with no jail time at all.

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Ignition Interlock Devices

admin — Sun, 25 Mar 2012 04:21:07 +0000

DUI Attorney Daryl Thompson

What Is An Ignition Interlock Device?

An ignition interlock device (IID) is a device slightly larger than a cell phone that is wired to your vehicle’s ignition. The device can be installed in a vehicle while you wait and after installation, it requires your breath sample before the engine will start. If the IID detects alcohol on your breath, the engine will not start. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system.

Can IIDs Prevent Drunk Driving?

Yes. The International Council on Alcohol, Drugs and Traffic Safety maintains that IIDs, when combined with a comprehensive monitoring and service program, lead to a 40-95% reduction in the rate of repeat drunk driving offenses among offenders as long as the IID remains on the vehicle.

Court-Ordered IID Restriction

When the court orders use of an IID, you must have one installed by an authorized installer and provide proof of the installation to the court. The court has special forms and procedures to monitor drivers ordered to have the IID device installed. After the court notifies the Department of Motor Vehicles (DMV), DMV marks your record so law enforcement officers are aware of the IID requirement if you are stopped. DMV will also place a restriction on your driver license. If you fail to comply with a court-ordered IID restriction, the court will notify DMV and your driving privilege will be suspended until you comply with the court order.

DMV Ordered IID Restriction

DMV is required to impose an IID restriction on the driving privilege of a person convicted of driving when suspended or revoked for a driving under the influence (DUI) conviction Vehicle Code (VC) §§14601.2, 14601.4, or 14601.5.

This restriction does not allow a person to drive without a valid driver license.

The driver must submit either the Department of Motor Vehicles Ordered Verification of Ignition Interlock (DL 924) form or the Exemption For Ignition Interlock Device (DL 4054B) form to the DMV within 30 days from the mail date of the Order of Installment of An Ignition Interlock Device (DL 4054A) form.

Shortened License Suspension/Revocation

If you have been convicted of a second or subsequent DUI violation and have completed at least 1 year of your DUI suspension/revocation you may qualify for a restricted license if you meet these requirements:

Install an IID on your vehicle and provide DMV with a “Verification of Installation” (DL 920) form.

Clear all other outstanding suspensions/revocations on your driving record.

Comply with a drinking driver program’s requirements and have the program provider submit either a Proof of Enrollment form (DL 107) or Notice of Completion form (DL 101) to DMV (whichever applies to your case).

Submit an SR 22 form establishing proof of financial responsibility issued by your auto insurance company to DMV.

Pay all required fees, including the $15 IID restriction fee.

In addition, effective July 1, 2010, legislation allows a shorter suspension/revocation period for a second or third DUI offender to install an IID and receive an IID restricted license after a mandatory suspension/revocation period, if the most recent violation of VC §23152 occurred on or after July 1, 2010, and did not involve the use of drugs:

Second DUI Offenders — whose violation involved alcohol only may reinstate after a 90-day suspension with proof of enrollment in a DUI program.

Third DUI Offenders — whose violation involved alcohol only may reinstate after a 6-month revocation with proof of enrollment in an 18 or 30-month DUI program.

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I JUST GOT A DUI!

admin — Tue, 31 Jan 2012 06:42:59 +0000

DUI Attorney Daryl Thompson

“I just got a DUI” are the first words out of my client’s mouths when they first contact my office by telephone. Most people are scared, and even in some cases terrified, because they know that their driver’s license may be suspended, their employment may be affected, and there is a possibility of jail time.

If you have recently been charged with DUI in the State of California, please be aware that in the State of California penalties can be very severe even for a first time offense. But remember, reduced charges, or even a complete dismissal of all charges are a possibility depending on the facts of your particular case. Nothing on my website constitutes legal advice and nothing can replace a competent, knowledgeable, and experienced DUI defense attorney representing you. Don’t go to court or to the DMV without a DUI Lawyer representing you. If you cannot afford an attorney, the court will appoint a Public Defender to represent you in court. There is no Public Defender available to you at the Department of Motor Vehicles. Here you must hire a DUI Attorney to have any chance of preventing a suspension of your driving privilege.

The first thing you need to be aware of is what the California Department of Motor Vehicles (DMV) is going to attempt to do to you following a DUI arrest. You have ten (10) days from the date of your arrest to contact the California Department of Motor Vehicles Driver Safety Division. You can reach the Sacramento Office by dialing (916) 657-0214. This number also appears on the pink Admin Per Se and Temporary Driver’s License form which should have been given to you by the arresting officer. Some people have the unfortunate habit of putting their head in the sand, and not wanting to think about the consequences of the DUI arrest, and letting the ten days lapse without taking action to preserve their right to a hearing. This is the worst possible course of action for you.

Within the first ten days, you must contact the Department of Motor Vehicles to request a hearing. My office’s policy is to request three things from the DMV: 1) an in-person hearing (the DMV will try to talk you into a telephonic hearing, don’t do that, you want to face your accuser; 2) You want a Stay on the Suspension Order so that you may keep driving pending the outcome of the hearing by the Department of Motor Vehicles on your case; 3) You want a copy of the arrest report, and other documentation that the Department of Motor Vehicles is going to enter into evidence against you at the Admin Per Se Hearing.

Whether this is your first offense, or you have prior convictions for DUI, the procedure does not change. You need to contact the Department of Motor Vehicles within ten (10) days of your arrest and request a hearing.

The length of time that the Department of Motor Vehicles will attempt to suspend your driving privilege will vary depending on whether this is your first offense, second offense, third offense, etc. The best way to get an evaluation of your case is to contact a knowledgeable, experienced DUI Attorney, review your prior case(s) with the attorney, if you have any, and review the facts of your current case with him to determine the potential suspension period if you do not win your Admin Per Se Hearing with the Department of Motor Vehicles. Losing at the Department of Motor Vehicles Admin Per Se Hearing could result in a minimum suspension of four (4) months.

For more information regarding DUI Checkpoints, GPS Monitoring Devices, Bail Bond, Ignition Interlock Devices (IID), Calculate BAC, Marijuana DUI, DUI Info OC, Can Periodontal Disease Affect Breathalyzer, Calculate Your Alcohol Tolerance, and more, visit Orange County Drunk Driving Attorney Daryl B. Thompson at www.drunkdrivinglawyer.com. You deserve the best DUI Lawyer Orange County. Call now for your free consultation at 1 (866) DUI-BUST.

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California DUI Arrest

admin — Tue, 24 Jan 2012 06:19:49 +0000

DUI ATTORNEY DARYL THOMPSON

Not Guilty of a DUI–

While driving under the influence is a serious problem in our society, sometimes people are charged with driving under the influence of drugs or alcohol who are not guilty, or the prosecutor doesn’t have enough evidence to make a case.

There are many issues an experienced DUI attorney can raise:

* Did the police have probable cause to stop you?
* Were you actually driving the car?
* Were you properly tested?
* Was your blood alcohol level .08 or greater at the time of driving?

I have more than 30 years of experience defending DUI’s and I can negotiate a reduced sentence in many cases, or other present alternative sentencing options. I’ve successfully represented people who are facing their third, fourth or even fifth DUI, many with no jail time at all. Call me, I can help.

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Non-California Residents Who Suffer Drunk Driving/DUI Convictions in Orange County

admin — Mon, 16 Jan 2012 17:51:09 +0000

What happens if a non-California resident gets convicted of a DUI/Drunk Driving in Orange County, California. Within a few years the out of state resident will find that his/her drivers license has been suspended in their home state.

I have represented many out of state residents who have been arrested in California for DUI. They have come from all over the country. Some have been here to visit family, on business trips or they’re here on vacation. Whatever the reason they came to California, they return home with mixed feelings about their experience here.

In California, the Department of Motor vehicles notifies the driver’s home state that the driver’s privilege to operate a motor vehicle in California has been suspended. Thereupon, under the Inter-State Compact Laws, the home state is forced so suspend or fails to renew the individual’s drivers license in their home state.

Senate Bill 1650 which Amends California Vehicle Code Section 13353.2, allows an attorney to help you get your drivers license restored in your home state. Most general criminal defense attorneys don’t know the first thing about dealing with the California Department of Motor Vehicles. I, on the other hand, have a vast amount of experience and success in dealing with them.

For more information regarding GPS Monitoring Devices, Bail Bond, Ignition Interlock Devices (IID), Calculate BAC, Marijuana DUI, DUI Info OC, Can Periodontal Disease Affect Breathalyser, Calculate Your Alcohol Tolerance, and more, visit Orange County Drunk Driving Attorney Daryl B. Thompson at www.drunkdrivinglawyer.com. You deserve the best DUI Lawyer Orange County. Call now for your free consultation at 1 (866) DUI-BUST.

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DUI Field Sobriety Tests Called Into Question

admin — Tue, 03 Jan 2012 03:59:16 +0000

DUI Attorney Daryl Thompson

A recent news story called into question the accuracy of field sobriety tests requested by police officers in DUI arrests. Police officers are taught that these roadside exercises can help determine whether an individual is impaired Dr. Spurgeon Cole, a retired Clemson University psychology professor, says he would never recommend that a driver perform any field sobriety tests.

Cole, who is an expert in the field of human biometric measurements, says that one of the problems with the tests is that “there is no average score for passing these evaluations, making comparisons difficult”.Dr. Cole determined that such field sobriety tests are neither valid nor reliable. Cole also cited a study from the 1970s in which police officers watched field sobriety tests being conducted on video and incorrectly identified nearly 47 percent of the subjects as being impaired.

I advise drivers not to make incriminatory statements about whether or not they have been drinking, and to politely decline to take the field sobriety tests. The reliability of the field sobriety tests varies greatly, depending on the officer’s level of training, the medical condition of the driver, the conditions of the test location, and the officer’s subjective interpretation of whether the person shows certain “clues” on the tests. Police officers rarely find that a driver is not impaired after administering field sobriety tests.

All field sobriety tests requested by law enforcement officers are voluntary in California. This includes any preliminary breath tests offered by an officer before the DUI arrest takes place, except in certain circumstances. I do warn drivers, however, that once a DUI arrest takes place (usually when the driver is handcuffed) if the driver refuses the officer’s requested blood or breath test at the station, the driver can lose their license for a year or more.

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