Attorney Stuart Kirchick Explains The Two Important Subsections In The California DUI Laws
Attorney Stuart Kirchick Explains The Two Important Subsections In The California DUI Laws
Ray Hrdlicka – Host – Attorneys.Media
“So that second part, the B test, is that more subjective?”
Stuart Kirchick – Criminal Defense Attorney – Santa Clara County, CA
“Well, no. The B test is objective because you have one of those test results.”
Ray Hrdlicka – Host – Attorneys.Media
“I’m sorry, A I meant.”
Stuart Kirchick – Criminal Defense Attorney – Santa Clara County, CA
“So, the A count’s more subjective. Yeah, it’s the officer saying, ‘well, they were swerving outside of the lanes for about half a mile. I stopped the occupant. They had red, red eyes, bloodshot eyes. They had breath, like, you know, alcohol breath. The car smelled like alcohol. They were slurring their words. When I administered the field sobriety tests and said ‘estimate when thirty seconds goes by with your eyes closed’, it was ten seconds and they said time was up. You know, I had ’em walk…steps, nine forward, ten back on a straight line. They went 13 forward and five back. So, in my expert opinion, this person’s under the influence of alcohol and shouldn’t have been driving.’
Ray Hrdlicka – Host – Attorneys.Media
You’re not going to be able to beat that expert testimony. I see where you’re going with that one?”
Stuart Kirchick – Criminal Defense Attorney – Santa Clara County, CA
Yeah, so…
