Ray Hrdlicka – Host – Attorneys.Media “Somebody walks into your office. And what is the most common misconception? When somebody comes to see you, a criminal defense attorney what’s one of the most common misconceptions? When they sit down in front of you and they start talking, you realize, oh, man, let me correct this.” […]
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Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “But you do give up a lot of your rights. And one of those rights is, basically, the right to be searched. And like, if you are on probation, you have usually a term of probation, as you’ve been given, what’s called Bravo search terms.
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Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Now NHTSA, National Highway Transportation Safety Administration board, they have created these tests, and they’re shown how you do these tests, how you instruct the person to do these tests, and all the clues that will show impairment. For example, the clue isn’t that you
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Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “So, you…but to prove somebody is not driving with a 0.08 or above is a little bit more difficult to accomplish when they’ve got a blood alcohol result saying 0.12. Or an evidentiary breath test…say 0.15. So, you can’t really attack whether the person is
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Ray Hrdlicka – Host – Attorneys.Media “What are those evidentiary tests that you just mentioned. And I assume those occur at the police station or the jail. Am I right?” Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Generally speaking, there are some jurisdictions that do have evidentiary breath tests they can do
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Ray Hrdlicka – Host – Attorneys.Media “Let’s talk about the test at the time of the traffic stop.” Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Right.” Ray Hrdlicka – Host – Attorneys.Media “The officers see something, swerving, and then we’re going to talk about probable cause. What constitutes, that in a moment.
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Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Because again, you look at why the marijuana DUI’s are so complicated, is they don’t have that bright line rule. And in fact, NHTSA has done some studies which show that people who are impaired are better drivers when they’re under the influence of marijuana,
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Ray Hrdlicka – Host- Attorneys.Media “Oh, going out to dinner. Have a glass of wine with dinner. So, do you refrain from having a glass of wine? I mean, the law says you shouldn’t.” Kirk Tarman – DUI Criminal Defense Attorney – San Bernardino County, CA “Yeah, well, I mean, look, a glass of wine
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Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Drugs, have gone down dramatically. In regard to the sentencing. Used to be like crystal meth, if you had personal use, you would be looking at criminal convictions from a misdemeanor to a felony. Cocaine, up to couple of years ago, even if you had
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Ray Hrdlicka – Host – Attorneys.Media “Field sobriety tests, they’re walking, counting, etc. Do they administer the PAS after that? Or do they skip that and go right to an arrest?” Kirk Tarman– DUI Criminal Defense Attorney – San Bernardino County, CA “Yeah, they usually do the preliminary alcohol screening test after they’ve done all
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