Be On The Lookout Order #1
WANTED: BLOOD TEST CASES BASED ON TEST REPORT ALONE
Do you or (for attorneys) your clients have a case where the DMV relied or intends to rely on a blood test alone to prove BAC?
If so, check to see what title appears after the name of the toxicologist. If no title appears, or the title “criminalist” appears, or some other non-statutory term appears, DMV ought not to be allowed to use it against you.
Our office currently has multiple cases at the Court of Appeal on this issue, and it likely will be a landmark DMV case when it is decided.
Be On The Lookout Order #2
WANTED: REFUSAL CASES BASED ON MEDICAL ISSUES
Do you or (for attorneys) your clients have a refusal case where a medical issue prevented you or your client from understanding implied consent? As you may know, the Vehicle Code provides an exemption to the consequences of a refusal if the motorist suffered a condition that prevented her from understanding the requirements of implied consent or the consequences of a refusal.
If so, you may be able to join with me in an appeal pending currently in the Second Appellate District or to initiate a concurrent appeal in another district.