NHTSA established several field sobriety tests to determine drug use. Eight tests were developed – one leg stand, finger-to-nose, walk –the-line, standing steadiness, HGN, pupil reaction, pupil size, and pulse rate. Officers also consider skin marks, apathy, drowsiness, and hyperactivity. Although the tests are considered good indicators of drug use, their reliability depends on the training and experience of the officer.

If you have been arrested and charged with a DUI, contact DUI defense lawyer Sacramento Richard Allaye Chan Jr., for free consultation. Call (916) 446-4400 today.

Preliminary Breath Test (PBT)

The preliminary breath test (PBT) is offered at the scene of a police stop to determine motorist intoxication. The PBT is part of the implied consent law, and in a few states refusing to take the test can result in a lengthier driver’s license suspension. Although the PBT result is not admissible in criminal proceedings, it is usually admissible in a driver’s license suspension hearing. Since the PBT is not accurate or widely accepted as reliable scientific evidence, it cannot be used to prove criminal guilt beyond a reasonable doubt; however it can be used to prove civil culpability by a preponderance of the evidence (more likely than not) is a driver’s license suspension hearing.

PBT reliability is significantly influenced by external factors unrelated to alcohol consumption. Depending upon PBT model used, the result can be skewed and inflated by non-tethanol components. The fuel cell PBT is distorted by the presence of acetaldehyde, methanol, isopropanol and n-propranolol. The gas sensor PBT has inflated results with the previously mentioned chemicals, as well as acetic acid, paraldehyde, and ethylene glycol. In most studies performed, the PBT was found to be 60-80% accurate.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

Prior to any police stop, every motorist should stock their vehicle with several essential items. Each component is intended to reduce the indicators of intoxication that offices rely upon to substantiate a drunk driving arrest. Since most drunk driving arrests are precipitated by the officer’s initial contact with the driver, it is essential to use this opportunity to present yourself in a non-incriminating manner. In other words, motorists must take precautions to disguise the indicators of intoxication to avoid being wrongfully charged with a drunk driving offense.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

The best way to reduce the chance of a drunk driving arrest is preventing the initial police stop. First and foremost, be familiar with the vehicle you are driving. Many arrests are precipitated by erratic driving behaviors due to the motorists unfamiliarity with the car. The person is often driving a friends car, and the irregular driving involves: 1) searching for dashboard switches; 2) stopping too quickly because of unfamiliarity with the brake sensitivity; or 3) driving a manual transmission when they are more familiar with an automatic, or vise versa.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

Stealing a wallet from an unconscious person generally isn’t considered a robbery (unless the thief knocked the person out), since the victim doesn’t surrender his or her money in the face of any force or threats. This doesn’t mean that it’s not a crime to take things from an unconscious person; it is larceny.

If you have been arrested and charged with a crime, contact a criminal defense attorney Sacramento Richard Allaye Chan Jr., for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

Actual physical control of a motor vehicle is not always necessary for a drink driving conviction. To constitute driving, there is usually a requirement that the driver have sufficient control over the vehicle. Of course, based upon recent interpretations of the law, this is not difficult to prove.

In once case, a motorist and his friend drove into a ditch, burying the car in mud. While making a futile attempt to dislodge the car, an officer arrived and charged the person behind the wheel with drunk driving. Although the vehicle was inoperable and there was no proof the person behind the wheel actually drove the car into the ditch, the court senselessly upheld the conviction claiming the driver had sufficient control of the vehicle.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

First, there is a legal distinction surrounding the definition of punishment. A criminal charge is considered punishment because a jail sentence can be imposed, while a driver’s license suspension is remedial because no incarceration can result. Second, there is a different standard of proof. In a criminal case, the state must prove guilt beyond a reasonable doubt, whereas a civil case only requires a preponderance of the evidence. Despite the cockeyed rationale, this remains the predominate judicial interpretation of drunk driving laws.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

If you have been arrested and charged with a crime, contact a criminal attorney sacramento Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

Voluntary manslaughter is an intentional killing without malice aforethought. Usually there are some mitigating circumstances that justify reducing a murder charge to the lesser offense of manslaughter. A common example of voluntary manslaughter is a killing committed in the “heat of passion” by a husband who finds his wife in bed with another man. If the wronged husband kills before a reasonable person in the same situation would have cooled off, the killing, although still unlawful, is usually reduced from murder to voluntary manslaughter. But if the husband did not act immediately and instead plotted the killing for a few weeks, there would be a good argument that he is guilty of murder because he waited beyond a reasonable cooling-off period before acting.

If you have been arrested and charged with a crime, contact a Sacramento criminal defense lawyer Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

Rape – “unlawful carnal knowledge” – is sexual intercourse with a woman without her consent. As far as the law in most states is concerned, a man cannot be “raped,” although he can be sodomized.

The rapist does not have to use physical force; threats of harm are sufficient. In most enlightened states, the victim does not have to resist the rapist physically, especially where any resistance would be futile and might subject her to more danger. For example, if a rapist wields a knife in front of his victim, telling her that he will slit her throat if she does not cooperate, the woman does not have to attempt to struggle with the rapist. To do so could well mean her death.

Is it rape even if the assailant does not reach climax? Yes. The crime of rape is committed as soon as there is any penetration of the woman’s vagina by the man’s penis. Inserting a foreign object into the woman’s vagina is “rape by artifice.” “Sodomy” is a broad crime covering any forced sexual act that is deemed unnatural, including anal or oral copulation.

If you have been arrested and charged with a rape crime, contact a criminal lawyer in Sacramento Richard Allaye Chan Jr. for free criminal defense consultation. Call (916) 446-4400 today.

Suppose an impotent man is accused of rape. Can he be convicted of that crime? The old rule was that if he can prove his impotency he would be physically incapable of rape and therefore innocent. But with the development of Viagra and various pumps, previously impotent men are now capable of getting an erection. To prove whether the claimed impotent man was guilty of rape can be proved or disproved by DNA testing. But if the man is truly impotent, then he cannot be convicted of rape. In some states, however, he can be convicted of attempted rape. But those states that require the actual ability to commit the crime as an element of an attempt, he could not be guilty of an attempted rape. But he could be guilty of assault, battery, and false imprisonment.

Historically, a married man could not be found guilty of raping his wife, although he could be guilty of some other crime, such as assault or battery. Today, however, most states have laws that make it rape for a married man to force himself upon his wife when she refuses to engage in sexual relations.

If you have been arrested and charged with a rape crime, contact a criminal attorney in Sacramento Richard Allaye Chan Jr. for free criminal defense consultation. Call (916) 446-4400 today.

Statutory rape is sexual intercourse with a female under a certain age, usually 14 to 18 years old, depending on the state. A girl under the statutory age is deemed legally incapable of consenting to sexual intercourse because of her immature years. It therefore won’t help the man to claim that the girl consent to the act. Suppose a man sees a young woman drinking in a bar and naturally assumes that she is at least 21, the legal drinking age. If two of them have sexual intercourse, but it turns out the girl is only 17 (and the state, the age for statutory rape is 18), and the man is prosecuted later for statutory rape, he can claim that he was honestly mistaken about the girl’s age; that he naturally assumed she must have been at least 21 since she was drinking in a bar? At one time, the only defense permitted was that the man was married to the underage girl at the time of the otherwise unlawful intercourse. Mistakes—even honest and sincere ones—were not taken into consideration. Today, however, some states do permit the man to prove that he was honestly mistaken about the girls age if the girl intentionally misled him about her age was reasonable under the circumstances.

If you have been arrested and charged with a rape crime, contact Sacramento criminal lawyer Richard Allaye Chan Jr. for free criminal defense consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400

If you have been arrested and charged with a crime, contact a criminal defense lawyer in Sacramento Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today.

Allaye Chan Law
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400