San Francisco DUI cases in question due to false reporting of accuracy checks


 
KTVU.com and wires
SAN FRANCISCO —
Hundreds of DUI convictions in San Francisco have been called into question because of potentially negligent work by police testing devices used to measure blood alcohol levels, the city's district attorney and public defender announced in a rare joint news conference.
San Francisco District Attorney George Gascon and Public Defender Jeff Adachi Monday morning announced the investigation into cases dating back as far as 2006 where preliminary alcohol screening devices were used by officers arresting a suspect for driving under the influence.
Police failed to conduct accuracy tests on the Alco Sensor IV, a handheld device used to measure someone's blood alcohol content while out at the scene of a traffic stop, Adachi said.
According to the Police Department's manual and the device's manufacturer guide, officers are required to check the devices for accuracy every 10 days using a known sample from a gas canister.
But in logs where the officers reported the data, the samples and the readings on the device always read 0.082, according to Adachi, who called the consistent exact matches "mathematically impossible."
The public defender's office notified the district attorney's office, which immediately withdrew the use of the devices as evidence in its ongoing DUI cases, Gascon said.
He said he talked to police officials and learned that the department had not been following the manufacturer's guide.
The department has since discontinued the use of its 20 devices, Gascon said.
He said, "This is a very serious issue," adding that despite previous sparring with Adachi over other police misconduct cases the public defender brought forward last year, "we're here standing together because we both share the concern."
Adachi says his office, which handles between 500 and 1,000 DUI cases per year, will seek to have tossed any pending cases involving the devices as well as try to overturn previous convictions and seek restitution for increased insurance rates or other penalties that might have been incurred as a result.
"Many people, I would imagine, would be interested in seeking relief," he said.
Gascon emphasized that the devices are "a piece of a multi-pronged approach" to prosecuting the cases, which also usually involve field sobriety tests and blood tests.
He added that the investigation does not count cases investigated by an agency other than the Police Department, such as the California Highway Patrol.
"It's probably a very small segment of the caseload where this was so central to a case," he said.
A police spokesperson was not immediately available to comment on the allegations.
But Gascon, who served as San Francisco's police chief from 2009 to 2011, said the Police Department is cooperating with the investigation and defended the department as well as his tenure as chief.
"There's no reason to believe there was malicious intent," he said, adding that the cases were more likely "negligence instead of intentional criminal conduct."
He said, "I don't know how many of you have run large organizations, but even within your own shop, if you know what your secretary is doing every day, I would like to hire you and find out what your secrets are.
"It's impossible, even for myself or for Greg Suhr or (former Chief) Heather Fong previously, or any of the other chiefs, to have knowledge that there was a failure to follow procedure here," he said.

4 Red lIght Camera Ticket Victories in one day!!!

On August 9, 2010, our office represented three clients on Oakland Red Light Camera cases, and one client on a San Francisco Red Light Camera case.  Results = NOT GUILTY on all four!

If you have been cited for a Red Light Camera Ticket anywhere in Oakland, San Francisco or the Bay Area, call us, we can help!

Lastly, our as we continue to grow, by popular demand, we are happy to announce our newest websites:
FremontTrafficAttorneys.com, in response to Alameda County moving all Pleasanton and Hayward cases to the Fremont Court!  HaywardDUILawyer.com SanRafaelTrafficAttorney.com, VallejoTrafficAttorney.com

Remember, don't let your insurance rates go up or allow your license to get suspended, FIGHT YOUR TICKETS!!!!

OUR NEW INFORMATIVE WEBSITE IS UP AND RUNNING!

We are proud to announce that our site www.TRAFFICATTORNEYINSANFRANCISCO.com is now up and running.  Find traffic ticket defense information specifically related to San Francisco Traffic Court.  San Francisco Traffic Attorney, call us now (415) 378- 4133

Also visit our other sites specifically taylor for the traffic attorney information at:

www.CRIMINAL-DUI-TRAFFIC-ATTORNEY.com

www.TRAFFICATTORNEYINOAKLAND.COM

www.DUIATTORNEYINMARIN.COM

SAN FRANCISCO TRAFFIC ATTORNEY

San Francisco traffic ticket cases continue to be a challenge for the inpro-per Defendant.  I sat in Court one day and watched as a Firemen and an Officer disputed the series of events that led to the  Officer issuing the Firemen a ticket.  Needless to say the Officer came out on top.  In my opinion and several others who witness the trial, reasonable doubt had been clearly established.  I only wish the Firemen had contacted my office before he appeared for trial....  Lesson of the day, call me before your date for trial, not after - (415) 378-4133

SAN MATEO RED LIGHT CAMERA TICKET

San Mateo County has several cities that operate red light cameras.  The tickets will, depending on which city you received your citation, go to either the Redwood City Court house (San Mateo Superior Court - Southern Branch Traffic Division), San Mateo Court house (San Mateo Superior Court - Central Branch Traffic Division) or the South San Francisco Court house (San Mateo Superior Court - Northern Branch Traffic Division).  All three branches have different Commissioners assigned.

It is a good idea to try and gather information on the Commissioners as they are the ones that will be making the ultimate decision of guilt or innocence.  We also highly advise against representing yourself on a San Mateo red light camera case, the objections that must be timely and properly raised are difficult, even for Attorneys.  If you have been cited for a red light camera violation anywhere in the County of San Mateo and are looking for a San Mateo County Red Light Camera Attorney, I urge you to call us at (415) 378-4133 or visit our official website at:

SAN RAFAEL RED LIGHT CAMERA ATTORNEY

So, by now the Marin Traffic Court is being completely immerse in red light camera litigation.  As most of you know the City of San Rafael has installed several Red Light Cameras in their city.  Now the Clerk's office is busy processing many of these tickets.  This is clearly being depicted by the line that now forms for room C-10 which are clerks for both criminal matters and traffic matters.  This means that many people are showing up to try to sign up for same day court and being turned away due to the shear number of people in line on a daily basis.

If you have been charged with a San Rafael Red Light Camera Ticket and are looking for a Marin Traffic Attorney or San Rafael Red Light Camera Attorney then we recommend that you visit our website;

OAKLAND TRAFFIC TICKET ATTORNEY

Another successful motion to transfer a Hayward traffic case from Hayward to Oakland (the county seat).  This has many benefits to the Defendant and we can get it done!

If you have been cited for a Hayward traffic ticket and are looking for a Hayward Traffic Ticket Attorney or an Oakland Traffic Ticket Attorney, please visit us at


Or call us at (415) 378-4133

We can help you beat your ticket!

RED LIGHT CAMERA PROBLEMS RED LIGHT CAMERA PROBLEMS

South San Francisco recently installed Red Light Cameras in two intersections of their city.  Many tickets were issued and many innocent people plead guilty and paid their fine.  Later, the city discovered that it had not ratified the contract as with the board of supervisors and as a consequences the Red Light Camera System was illegal.  Now the Court must spend thousands of tax payers money in researching which cases were generated by these cameras and are moving to dismiss the matters and refund money!  The best part of it all is that, for the very first time, a high ranking Court employee stated that "other cities should be very careful about instituting such programs [red light camera programs]

So, if you have been cited for running a red light at an intersection with a red light camera and are looking for the best red light camera attorney in California, or the best Traffic ticket Attorney in California, visit our websites at:


or call me for a free consultation at:

(415) 378-4133

SPEEDING TICKET ON THE GOLDEN GATE BRIDGE

If you have received a speeding ticket on the golden gate bridge, you really need to make sure that you are represented. The reason is that the majority of the speeding ticket issued on the Golden Gate Bridge Are issued on the Marin County side.  Marin County has a policy of suspending licenses for speeding on the Golden Gate Bridge.  So, if your license has any value for you, you better be ready to protect yourself.

We have always argued that the Golden Gate Bridge is a speed trap.  This is due to the speed limit being set below the 85% and not being properly justified.  Recently, a Marin Commissioner finally agreed with the argument of a fellow Counselor on this issue, giving teeth to our argument.

The CHP conducts serious speed enforcement on the Golden Gate Bridge.  This is their way of trying to reduce the number of potential accidents that can occur on the bridge.  The weapon of choice is their Lidar units. 

If you have been cited for a traffic ticket on the Golden Gate Bridge and are looking for the best Traffic Attorney in California, your search is over.  We have been successfully defending speeding tickets in Marin County for many years.  This includes speeding tickets on the Golden Gate Bridge.  So, for the best speeding ticket lawyer to fight a speeding ticket on the Golden Gate Bridge, call our Marin Traffic Attorney at, (415) 378-4133, or visit us at www.CaliforniaLegalDefense.com

SAN FRANCISCO TRAFFIC ATTORNEY

If you are looking for an Attorney who can help you in fighting a San Francisco Traffic Ticket, then you should visit the here.  We have been fighting San Francisco traffic tickets for years.  From San Francisco Red light camera tickets to San Francisco speeding tickets, we have done it.  And, we have done it successfully.  There are a lot of consequences that are derived from a San Francisco traffic ticket conviction, so the best thing to do is to avoid one.

Don't let points accumulate on your driver's license record, don't let insurance rates sky rocket on you, don't pay a ticket without fighting.  Again, we are San Francisco traffic ticket attorneys and we can help!  Call me for a free consultation at (415) 378-4133.

RED LIGHT CAMERA TICKETS IN HAYWARD/SAN LEANDRO

Yesterday I attended trial on a red light camera ticket out of Hayward.  I was successful in defending the case by negotiating the case down to a non-point violation.  I write this for two reasons 1) to explain why this was a good resolution 2) to comment on the number of people that I saw being cited.

So why is a non-pointer a good resolution.  The answer is simple, no matter how good your case is, there is always a chance that you can lose.  It is important to know when you have won.  The goal in all red light camera tickets - or any traffic ticket defense - is to get rid of any points you may earn and to not allow your insurance rates to go higher.  By resolving your case with a non-point violation, you can accomplish both goals.  If you are ever offered to resolve your Hayward red light camera ticket, San Leandro red light camera ticket, Newark red light camera ticket, Oakland red light camera ticket, Fremont red light camera ticket, Berkeley red light camera ticket, or Emeryville red light camera ticket, make sure and accept it.

Lastly, the number of people that I saw being charged with these red light camera tickets was astonishing.  Once again I must point out that these prosecution are prosecutions that are run by private corporations.  This is the first time in history that I know of that a private corporation is allowed to run the prosecution of our citizens.  This should be very disturbing, not only to you as a citizen but to the Judges that sit and allow these prosecutions to go on.

If you are looking for a Hayward red light camera Attorney/lawyer, feel free to call me at (415) 378-4133 for a free case evaluation.  You may also visit our website where you can find a ton of information on defending red light camera tickets at www.CaliforniaLegalDefense.com

SOUTH SAN FRANCISCO GETS RED LIGHT CAMERAS

The city of South San Francisco is the latest city to acquire and install red light cameras.  The move follows several other cities that have already installed cameras and are seeing the profits of such program.  The problem is profits at what cost?  South San Francisco red light camera tickets are much like the others you may receive in some other city that has installed these devices.  They are a money making machines.  One of the prevailing reasons is that in order to beat a South San Francisco Red Light camera ticket, a person must be well versed in Evidence law.  For most lay persons this is just not something that they can do.  It takes years to understand how to properly lay a legal objection in a trial.  The cases are beatable, but you must know the law and, how and when to object.

So, if you have been cited for a South San Francisco Red light camera ticket and are looking for a South San Francisco Red Light Camera Attorney or a San Mateo Red Light Camera Lawyer, look no further.   I can help you win your case.  Call me at (415) 378-4133 for a free consultation.

LOOK OUT FOR SAN FRANCISCO SPEEDING TICKETS

If you are driving in San Francisco for the holidays you must be aware of San Francisco speeding tickets being issued by the SFPD.  They are being issued for the purpose of checking to see if drivers are DUI behind the wheel.  However, even if you are not and you were stopped, you will likely receive a ticket for violation of Vehicle Code section 22350 - speed unsafe for the conditions.   This section allows a police officer to stop you even if you were driving under the speed limit.

I you have been cited for either a San Francisco DUI or a San Francisco speeding ticket and are looking for  a qualified San Francisco speeding ticket Attorney or a San Francisco DUI lawyer, then call me now, I can help!  (415) 378-4133.

SAN FRANCISCO RED LIGHT CAMERA

I am writing about the San Francisco Red Light Camera Program, however the following applies to a: Berkeley red light camera ticket; Emeryville red light camera ticket; Hayward red light camera ticket; Newark red light camera ticket; Fremont red light camera ticket; San Mateo red light camera ticket; San Rafael red light camera ticket; and most any other city using the Red Light Camera Program.

I have now concluded several recent San Francisco red light camera cases with successful results.  This discussion however is not about the results but instead about the evidence found in these types of cases. What I found was much of the same that I encountered years ago when we challenged nearly 300 San Francisco Red Light Camera cases.

What I am referring to is the Court's continued acceptance of evidence that is created, not by police but instead, by the private vendor.  The issue is: Should the San Francisco Court accept any type of evidence that comes from someone who has a pecuniary interest in the outcome of the cases.  What do I mean by this?  I mean the following:

  1. Every month the private vendor, who produces ALL of the evidence in a San Francisco Red light case, receives a monthly payment from the City of San Francisco for running the system.
  2. If the San Francisco red light camera program would suddenly stop giving red light camera tickets, how long do you think the contract would last?
  3. Even if it is not happening (and I emphasize that there is no actual proof or allegation that this is happening), there is a clear risk and incentive that something MIGHT be done to keep the contract alive.  It is this risk that makes this type of evidence suspect and unreliable.  The question is not if this is happening, but rather CAN IT HAPPEN!
  4. I have never heard of evidence being considered reliable when  such a blatant conflict of interest exist. Keep in mind that in the case of a San Francisco Red light Camera we are not talking about one piece of evidence, but instead ALL of the evidence used to convict our citizens.
The reality of a: San Francisco red light camera ticket; Berkeley red light camera ticket; Emeryville red light camera ticket; Hayward red light camera ticket; Newark red light camera ticket; Fremont red light camera ticket; San Mateo red light camera ticket; San Rafael red light camera ticket is that these are prosecutions being run by private vendors, private corporations.  Now, how scary is it when we now have a society that is willing to accept prosecutions, of our citizens, that are run by private corporations? They provide all the evidence in these red light camera cases that is being used to convict citizens across this nation.

If you are facing one of these prosecutions feel free to call me for questions: (415) 378-4133

SAN FRANCISCO DUI ARRESTS OVER THE HOLIDAYS ARE UP

On Wednesday the CHP began it's maximum enforcement of DUI violators in the San Francisco Bay Area. As of Friday a total of 87 People had been arrested for driving under the influence in San Francisco or the San Francisco Bay Area.  This number was up from the total number of arrest last year - 83.

If you drive during the holidays it is best to avoid drinking at all.  Many arrests may be made at the legal limit, or just slightly above ( another words your self assessment about your ability to safely drive after just a few drinks, could get you in trouble).  The best course of action to take during these San Francisco CHP maximum DUI enforcement periods is to avoid drinking and driving at any level.

For those of you that were unfortunate enough to drive and be arrested for a San Francisco DUI, Oakland DUI or Marin DUI, we can help.  There are many defenses available and one should not plead guilty to a DUI in Marin, San Francisco or Oakland simply because the alcohol result was high.  Everyone should investigate their case and talk to a San Francisco DUI Attorney before making that decision.

Don't forget that you must contact the DMV within 10 days of your arrest in order to try and prevent the suspension of your license.  Make sure that you do not call the regular DMV office, but instead call the San Francisco or Oakland DMV Driver Safety Office depending on your location of arrest.  You will also need a San Francisco, Oakland or Marin DMV Attorney in order to prevent the suspension of your license!

OAKLAND ADDS NEW RED LIGHT CAMERA AT INTERSECTION

The city of Oakland has now added a new intersection equipped with red light cameras.  The intersection is located at Redwood Road and Monterey Blvd. and is expected to be up and running by November 30, 2009.  The city has joined many other cities in an attempt to reduce red light collisions at intersections.  This is despite the fact that there are several studies including a recent one which conclude that red light cameras do not make intersections safer and can in fact increase accident rates.

Many people have the belief that these citations issued by Oakland red light cameras are not beatable.  This is just plain wrong.  In fact out of all traffic tickets violations that you may receive, an Oakland red light camera, or any other red light camera, will have the most legal issues involved.  The more legal issues involved in a traffic ticket case, the better your chances for success.  The problem is that in order to be successful at defeating an Oakland red light camera you must know evidence law.  Most people who attempt to fight an Oakland red light camera on their own will fail.   If you are going to handle a red light camera on your own you need to arm yourself with the proper knowledge on how to do this, or hire an Oakland red light camera Attorney who can do the job!

The best tip that I can pass on is not to be intimidated by these tickets, it is not just about the video or photo, but also about their admissibility in Court!  If you need help with one of these tickets feel free to call me at (415) 378-4133 and I will be happy to assist.

HOW TO WIN A TRAFFIC TICKET

If you look on the internet you will find many mystical ways to win a traffic ticket case, don't believe the hipe!  Most of these people that are selling you this stuff are non-attorneys which should be your first clue that you may just be paying for something that you can do yourself!

There is really only one way to win your case, set the case for trial and fight!  Know your case and more importantly understand that a traffic ticket in California is considered a criminal case.  That's right, a criminal case!  Don't worry this works to your benefit.  This means that you have the same rights that someone accused of murder would have (except no right to trial by jury or appointed attorney).  This is the key to winning your case.  You must understand that you have constitutional rights that place a series of obligations on law enforcement and prosecutions of your case.  You have a right to a fair trial, a right to inspect evidence well before trial and to confront your accusers.  Below is an outline on how to approach a traffic ticket:

  1. Ask for a Trial By Declaration (TBD)
  2. Do not include a statement
  3. Request a Trial De Novo (new trial) if you lose the TBD
  4. Ask for discovery of anything they will use against you and anything that you think may lead to your innocence
  5. If they fail to show ask for a dismissal
  6. If they fail to provide ask for a dismissal or an order of exclusion of the evidence not provided
  7. If they fail to do either ask for a settlement to a non-point violation
  8. Ask for a settlement to non-point violation always
  9. Read Vehicle Code section 40800 et sec.
  10. Know what an 1118 motion is
  11. know the elements of the offense
  12. never settle a case for a lower fine, it serves no purpose
I recommend that you do this on your own only if you cannot afford an attorney.  The reason is that while anyone can tell you how to do something, unless you have done it before you will most likely make mistakes. These mistakes can make the difference between winning and loosing.  Look for an Attorney who specializes in traffic ticket defense and talk to them about your options.  Many will give you a free consultation of your case.  Find someone who knows traffic law, not just a criminal or dui lawyer.  By fighting your case you can and will likely win your case!