TALES OF SNEAK ING OUT AND SNEAK ING IN Things That Go Bump in the Night
Trying to slip out a window after Mom and Dad have gone to sleep is nothing new; kids have been trying to sneak out since the invention of houses. These three stories are sure to bring back memories of your own clandestine adventures and close calls! JESSICA: ‘GRAND THEFT MINIVAN’ My parents’ 1985 Ford Aerostar was something of a hot commodity because you could pack seven crazy teenagers in it and go for the best joyrides. As my parents were getting ready for bed, I’d run our air compressor to pretend I was pumping my bike tires, but I was actually using the noise to disguise the sound of the garage door opener. Once they were asleep, I’d pick up my friends, and we’d see how far we could make it in one night. One time, we went too far, and I couldn’t fill up the tank before getting back home. I was sweating as my mom got ready to take me to school in the morning. She turned the key, saw that the tank was almost empty, and muttered, “Your father told me this would be good on gas ...”
had noise sensors that went off every time a door opened or closed. I popped out the screen on my window, figuring I could find a way out from the roof. The only option was to jump to an adjacent
tree that was just out of reach. I went back to my room, grabbed a belt, and tried to use it as a whip, like Indiana Jones. It didn’t grab the branch tightly enough, though. I ended up with three bruised ribs and a sprained ankle, and I was grounded for a month. REBECCA: ‘SNEAKING IN’ Sneaking out was never my forte, but sneaking people in sure was. There was an entry to my basement from the garage, so I would leave the back door to the garage unlocked, and my friends could slip in. One night, we had the bright idea to sneak in some boys. After one of them tripped and knocked over our canned food collection, my parents came running downstairs. When my dad took two steps toward his gun safe, the boys high-tailed it out of there.
JAMES: ‘WISH I HAD A GRAPPLE GUN’ One night, I snuck out to see a girl. My room was on the second floor, and my parents
WHEN AVOIDING A DUI COMES DOWN TO 6 MEASLY MINUTES How My Client, James, Narrowly Avoided Losing His License
Most people assume that being charged for a DUI is an automatic conviction. But in reality, DUI cases have a lot of elements at play, many of them less solid than you might think. Oftentimes in DUI law, the difference between preventing a client from losing their license for a year and getting them off virtually scot-free comes down to a matter of minutes.
that a blood test had determined that he was indeed over the legal limit. But there’s one other vital component of that same law: The test must be administered within three hours of the arrest. The evidence in James’ case showed that between the time that James was allegedly driving drunk and the time the blood was drawn for the test, there was a two hour and 54-minute gap. This means that, in order for James’ DUI charge to stick, they’d have to prove through circumstantial evidence that his drive had not lasted longer than six minutes. When the DMV subpoenaed the officer, he testified under cross- examination that James could have been sitting in his car for an hour before anybody noticed him. He couldn’t prove beyond a reasonable doubt that the test had been administered in that three-hour window. Based on that, James was able to retain his driving privileges and go on his merry way! I was thrilled to achieve such a fantastic outcome for my client, and he was over the moon that he would be able to continue driving. It just goes to show that DUI law is a lot murkier and contestable than most people think.
When my client, James, was charged with his second DUI one late evening a couple months back, his heart sank. He knew that the charge could very easily result in a suspension of his driver’s license for a minimum of a year — a penalty that would have profound implications for his day-to-day life and work. But while gathering information, I found a promising way to contest the charge. The California Vehicle Code 23152(b) VC stipulates that to be convicted of driving under the influence, the police officer must have administered a chemical test that registered you driving with a BAC of .08 percent or greater. In James’ case, the police officer alleged 2 www.willsandtrustlawyers.com | www.beatmydui.com
Made with FlippingBook - professional solution for displaying marketing and sales documents online