Today’s story will be of special interest to families where mom and dad are financially successful and in a world where parents give their children all the “right” things that money can buy, including designer clothing, attending a private high school, followed by private university, and, of course, while there, a car, an expensive car — even if one is not needed.

No matter how simple and practical parents would like to be, for some, the downside of monetary success is an odd pressure, a need to belong, to be accepted, to show others, “Just like you, we’ve made it and give our kids all the things we never had growing up.”

And so, for “Tyler,” raised on a steady diet of nice things, after graduation from college, living at home, no job, “thinking about going back to school for an advanced business degree,” driving his birthday present — a new Audi SUV — with a pocket-full of mom’s and dad’s money, life was good, life was fun — until it wasn’t — a recent Saturday at 2 a.m.

Our son phoned us from jail

“Mr. Beaver, my wife and I have read your column for over 20 years in the Hanford Sentinel, and never thought that one day we would be asking for your advice, but that day came last Saturday, when our 24 year-old son, Tyler, called from the county jail.”

“He had been booked for DUI after being in a single-vehicle, roll-over accident. There were no other passengers in the new Audi SUV we had just bought him as a birthday present a week earlier! It was a total loss, but all he got was a concussion, and otherwise, not a scratch.

“As my wife and I are well known health-care professionals in town, it would be highly embarrassing if word of this gets out. We have to be in Bakersfield for a neurological consultation of our son’s concussion, and would greatly appreciate meeting with you. We need to know what to expect, and to hear an honest evaluation of the DUI case. Thanks, Dr. Jim.”

‘You blew almost three times over the limit’

As my paralegal, Anne, and I would learn during our meeting with Tyler and his parents, he finished a late dinner at about 9:30, admitting to “having consumed two vodka cocktails prior to eating.” At midnight, he drove to a bar, meeting friends, had “two vodkas, one bourbon and left at about 1:30 AM.”

“What caused your SUV to flip?” we asked.

“There was a vehicle headed straight at me. To avoid a collision, I must have over-corrected, struck the curb, overturned and was knocked-out for some time, regaining consciousness when a CHP officer arrived.

“He asked me if I was ok, and if I would like to take a breathalyzer test, which I did and was informed that the result was almost three times the .08 limit. I was taken to the hospital, blood was drawn, and I spent the next several hours in custody.”

“Based upon what our son consumed,” his father inquired, “how could the blood alcohol level be so high? That would have required over 10 ounces of hard spirits!” There were three possible explanations:

(1) The breathalyzer was out of calibration, and gave a false reading — which was not likely.

(2) If the last drink was consumed within a few minutes of the breath test, the result could easily be influenced by residual mouth-alcohol — which was possible, but also not likely.

(3) Tyler drank far more than he remembered or wanted to admit.

Marijuana and alcohol = bad combination

“Do you think that the medical marijuana I use could partly explain the accident? I eat medical marijuana — chocolate squares containing cannabis — for neck pain,” he explained.

In fact, the combination of both substances has been found in several studies to be synergistic, that is, each potentiates the other. It’s as if more of either was consumed adversely impacting the ability to drive safely.

‘Look at mom and dad’

“The police report, witness statements and blood test are elements of your son’s DUI arrest which will tell the entire story. If his blood level is more than twice the limit — and I’m betting that it will be over that — he will almost certainly face 10 days in custody, not just work release — picking up leaves — but real time in jail if he pleads or is found guilty after a trial.

“And if that happens, in my experience, the only thing that helps people, just like your son, is that place where no one wants to go.

To Tyler, I said, “Look at mom and dad. They love you. Someone almost took you away from them. Do you know who?” I asked.

“Yeah, me,” he answered, sobbing. 

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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A recent column generated a large and highly positive response from readers, who saw in themselves, friends and family members, the same young man we wrote about.

According to his mother, “Our adult son either has become or is on the way to becoming an alcoholic, constantly out with his drinking friends, making us terrified that we will get a call from the police that he was killed in an accident or arrested.”

The message in that article from Educational Psychologist — “Dr. Ken,” 34 years sober — was simple:

“Do you really want to stop the cycle of madness and insanity that is alcoholism, then this young man must give up a lot of his old life. He has got to be able to say-and act on-I want to find something new. This can be through church, school, you name it, and simply be around people who do not drink,” he maintains.

“If all your friends have in common is drinking, then try showing up and have no money. Just see how long that social contact lasts,” Dr. Ken pointed out.

Lawyers can help young alcoholics but are often enablers

“When a young alcoholic actually spends time in jail for DUI or public intoxication, this is often be the best medicine. They have an easier time in quitting, usually getting the point that jail is a very bad place to be once.

“Often parents or grandparents urge the attorney-who they have hired — to obtain a real jail sentence-just a couple of weekends-but many lawyers refuse, saying they cannot ethically do that. But lawyers who understand what works at a young age, will absolutely convey that request to the judge “When continued destructive behavior is enabled-getting them work release instead of jail time for that first offense-lawyers are not helping, in my opinion,” Dr. Ken believes.

“Keep telling ’em the truth, what they need to hear”

Proof of the need for more honesty from the legal profession, caring less about a fee than in helping your client face consequences and change behavior — came to our office in a letter from Tom.

It had a July, 2013 postmark, yet took 27 years for him to write it.

Dear Mr. Beaver:

I’m not sure if you are the same attorney I went to years ago, if not, I apologize; but if you handled DUI cases, then I think you are the right person.

It was 1986, I was 22 years old, facing my third DUI and came to you looking for a defense, a technicality, an out. You had no mercy, telling me I was an alcoholic, that I should have been scared to death after number two and I better pull my head out and realize it!

I was shocked, offended and dismayed all at once; you were supposed to help me get off!

But you were right.

I wish I could say that I learned my lesson there, in your office, but it took me many more years and quite a few stints in jail to make me realize you were right! I’m only glad to say that I never hurt anyone, but myself.

I always remembered your speech and have thought about writing this letter for years. I don’t think you do DUI’s anymore, but if you do, keep telling them the truth, keep telling them what they need to hear. You may just save a life or two.

Thanks for putting a bug in my ear that never went away. God Bless. Tom T. Los Angeles, California.”

And what became of Tom?

You might wonder “What became of Tom, and the DUI charge he faced then?” We certainly did, Googled him, called and told him how great it felt to receive his letter.

“All these years I never thanked you for being honest with me. Had I admitted my fault and paid the price, my father would have saved thousands of dollars on a lawyer who took our money and I still went to jail – which is where I belonged! If I listened to you my life would have been so different!

“I just had to write you! I started to write that letter so many times, but felt embarrassed.”

So, what are you doing now?

“I woke up in my 40s and became an R.N. a little over three years ago. Working in a hospital, I get to help people, instead of putting them at risk, driving drunk.”

Tom had no way of knowing the good that his letter has accomplished, shown to young clients on a collision course with disaster.

Some things do get better with age.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Do you own a personal breathalyzer? If it’s been a while since you’ve had it, do you know for sure if the device will correctly display your BAC – blood alcohol level? Have you ever had it calibrated?

“Calibrated?” I’ll bet more than a few readers who own personal breathalyzers are thinking, “What do you mean?”

That’s what “Neal,” of Phoenix, Arizona would have also said, until a recent encounter with a “very professional and helpful” highway patrol officer:

“I probably could have been taken to jail for DUI, but a highway patrol officer gave me a lesson that I want to pass along to others. As you have written about the importance of owning a personal breathalyzer for anyone who entertains with or consumes alcohol, I think you will find my story valuable for your readers.

“Our company had a birthday party for an employee and we served adult beverages. For years I have had everyone blow into a breathalyzer we keep at the office before driving home after these office parties. Anyone near the legal limit is not allowed to drive, and we take them home.

“I also have one in my car, blew into it, was well under the limit, had just started to drive off, only to be pulled over for a burned out taillight. The officer asked if I had been drinking, which I admitted.

“Of course, she had me blow into her breathalyzer, and I was at the limit, while my own test–about two minutes earlier, put me at half that number!

“I showed my device to the officer, blew in it, and, sure enough, I came out fine! She had a “Deer in the Headlights” look, and said, ‘I don’t know if my unit or yours is seriously out of calibration, and I am not taking you in because of that. But if you haven’t had yours calibrated for some time then the results cannot be trusted.’

“She waited for my ride home to arrive, where I immediately found the box and instructional materials for the breathalyzer. In bold letters the importance of sending it in periodically for calibration was right there, but, Mr. Beaver, I had no idea at all about any of that and I’ll bet a lot of people are in the same boat. Writing about this would be a real public service. Thanks, Neal.”

If You Drink, How High Is Your Blood Alcohol Concentration?

For the past several years this column has followed the evolution of a university student’s idea that led to the development of the personal breathalyzer. In 2001 Keith Nothacker, then a senior in Economics at the University of Pennsylvania had an “ah ha” moment which would give the public the same tools as law enforcement had to test a driver’s blood alcohol concentration and for a fraction of the price.

“There was nothing available for individuals to test themselves before deciding to drive,” Nothacker,” explained. With some amazingly talented people, he launched BACtrack, marketing personal breathalyzers, and today the San Francisco-based company has the largest share of the North American market.

“It is so important to understand that our purpose is not to help drivers avoid a DUI, rather, it is to know when they should not be driving. In reality, the two go hand in hand, and the only safe way to drive is when you have zero alcohol in your system. Study after study shows that people have great difficulty in knowing their BAC – it is not something that you can accurately feel. That’s why owning your own breathalyzer can truly be seen as a lifesaver – not to mention the cost of a DUI.”

Law Enforcement Must Prove Calibration

How important is calibration? Woe to the Deputy D.A. prosecuting a DUI who can’t show that the officer’s unit had been properly calibrated. I’ve seen far too many otherwise good arrests be tossed out of court for that reason.

“The devices used by the law enforcement and consumer versions should be thought of as precision laboratory instruments and require periodic, calibration pursuant to the manufacturer’s recommendation, to assure accuracy. This could be yearly or more often, and I just cannot over-emphasize how important this is if you use the device frequently,” Nothacker observes.

“Is there any way for an owner to know if their device needs to be sent in for calibration?” I asked.

“If you are getting odd results–strange numbers–that’s a pretty good indication that the device is out of calibration. As the cost to have a unit calibrated is very low, having this service performed on a yearly basis just makes good sense,” he concluded.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Today’s story will be great news if you are personally facing or know someone dealing with a charge of DUI, or anyone who had a conviction in the past, never got the message and keeps on driving drunk.

The reason is that if our governor signs a certain bit of legislation into law,  behavior changing  punishment — spending time in a really bad place we call jail — will become a thing of the past for a lot of dangerous people. And anyone who drives under the influence of alcohol is as dangerous as a bank robber with a shotgun.

Flying under the radar of public scrutiny, a bill proposed in California’s Legislature earlier this year has now been passed which could dramatically soften punishment for those convicted of a crime, including DUI, where work release is a possible sentence.

In our opinion and that of law enforcement, District Attorney associations and many other respected organizations such as Mothers Against Drunk Driving (MADD), this piece of legislation is simply an effort to save money at the expense of people’s lives. If you ever had doubts about the common sense of our elected officials, consider the following:

The brainchild of Assembly members Wilmer Amina Carter and Roger Hernandez, Assembly Bill 2127 provides that a person sentenced to do time could completely avoid any jail — even someone who was found guilty of a drunk driving and caused injury or death — by doing any of the following:

1) Attend a work release program, including going to their own jobs!

2) Attending “life skill” classes.

3) Any kind of manual labor for the “good of the community.”

MADD spokesperson Brenda Frachiseur told us:

“Drunk Driving is a 100 percent preventable, violent crime. Incarceration sends a powerful deterrent message to potential drunk drivers. This change in sentencing laws has the effect of decriminalizing drunk driving in California and compromises public safety.”

Of course, this law was not put in place just for DUI cases, but it will affect actual DUI sentencing, even where the drunk driving offender kills or injures an individual.

You and the Law asks, “What kind of sick message does that send to California residents or the 9 million people who visit our state yearly?”

Is it: “We are so cool, come visit us and don’t worry about a little thing like a DUI arrest. Drink up, because you have a great chance of not going to jail even if you kill someone. But you also better hope your life insurance payments are current.”

Criminal defense attorneys know that some jail time for a DUI sends a powerful message to most clients, but if the governor signs this into law, innocent people will be harmed. Frachiseur observes:

“MADD is very concerned that the passage of AB2127 will hurt victim rights significantly. Offenders can serve time by working for their current employer as a way around jail! They continue on with their lives just slightly interrupted, while the lives of victims and families are changed forever. We hope that the governor will veto this law.”

Hernandez got popped for his own DUI

If you ever thought that our politicians in Sacramento have no sense of humor — or timing — then Assemblyman Roger Hernandez will change your mind. The law originally had his name on it. He proposed the law to the Legislature two months before he was arrested for his own DUI!

Since that time, gutsy Roger had his name removed, leaving Carter’s on. Now that’s real friendship.

Who knows what he had in mind. Perhaps he should change occupations and open up his own fortune-telling business. Could you imagine a conversation he might have had with family or friends about his drinking. “Roger, dear, if you keep this up, you’re going to get arrested for DUI, so better change the law, cause we need your paycheck!”

How many times did they drive drunk before?

“Research tells us that a first-time offender is really not a first-time offender, and has driven, on average, 87 times legally drunk (at the .08 limit or above) before being arrested for the first time,” Frachiseur points out.

We asked MADD’s spokesperson: “If the governor signs this into law, won’t it appear that drunk drivers are rewarded with a get-out-of-jail card and don’t worry about doing it again?”

She replied: “People who are educated about the danger and consequences of drunk driving will be much less likely to drink and drive. They will have an awareness of their choices, and of what the potential impact could be on their life and the lives of others.”

And finally, folks, we were promised a call back from the offices of both Hernandez and Carter. But we’re still waiting.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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When I was a deputy DA in Kern County in the 1970s – prosecuting DUI cases – I often wondered if these defendants could have kept themselves out of trouble had they known their blood alcohol levels before deciding to drive. But at that time, only law enforcement had breathalyzers.

It would take until 2001 – and a creative senior at the University of Pennsylvania – before owning a personal breathalyzer was possible. His name: Keith Nothacker, BACtrack is the company he founded, and today it has the dominant market share of personal breathalyzer sales in North America.

Nothacker’s invention – and the many companies that manufacture personal breathalyzers today – have had a profound impact on driver education and safety.

The Sad Tale of Lou, COVID and Breathalyzers for his Employees

“Mr. Beaver, ‘Lou,’ the owner of the moving and storage company I work for, was a fan of your column. Shortly before COVID shut down the country, he held a meeting with everyone, handed out copies of one of your articles on personal breathalyzers and announced that he would be buying them for all of us. And then, we heard nothing after that.

“Stubbornly refusing to be vaccinated, saying, ‘God will protect me,’ a couple of weeks ago Lou died from the delta variant of COVID. While it sounds crazy, we were so mad at him! He was a great boss killed by toxic faith and rejection of common sense and science.

“While going through his office, we found 20 unopened, brand-new, fuel cell breathalyzers which cost several thousand dollars that he purchased from a Canadian seller.

“I read somewhere that these devices need to be used to maintain accuracy. Wondering if the fact they had never even been opened for about two years since the date of manufacture would have an impact on accuracy, I phoned the company and was told to just toss them out, but they would offer a good price for replacements.

“I got a funny feeling they were not telling me the truth and so am writing you. Does the fact these breathalyzers were never used mean they are DOA? Can they be revived? Thanks, Andre, from New Orleans.”

Might Be Saved

I ran Andre’s question by Nothacker. “Are these devices dead or might they still be useable?”

He explained that fuel cell breathalyzers are not like any other type of electronic equipment. “A portable radio you can put away, not use for years and it will perform perfectly. Better quality breathalyzers with fuel cell technology – which is what law enforcement uses – have sensors which, with regular use, will refresh the sensor, maintaining accuracy.”

So, what’s the best way to care for a breathalyzer, maintain accuracy and increase its life span?

“These devices need to be used on a regular basis – ideally about once a month – to keep the sensor moist. It is the sensor which converts ethanol into electricity that can be measured to determine blood alcohol level (BAC.)

“Additionally, it is important to remember that all fuel cells have a life span and over time the sensor can drift. That’s why re-calibration on a yearly basis is recommended,” he points out, adding:

“If the sensor is unused for an extended period of timed — a year or more – it dries out and is less effective at converting ethanol to a numerical value. Practically speaking, a dried out sensor will give erroneously low BAC results.”

Where Should I Keep My Breathalyzer?

While logically it would make sense to store a breathalyzer in a car’s glove box, “That is the last place you want to keep it, because of the extreme temperatures and dryness that can occur in a car parked outdoors,” Nothacker underscores. “It should be kept within a range of 32 to 104 degrees Fahrenheit. Storage at an incorrect temperature may lead to a degradation of the sensor and you wind up with erroneous numbers or it might not perform at all.”

I learned there are other places not to store a breathalyzer. “Do not keep it under the bathroom cupboard with contaminants such as nail polish remover or any alcohol-based products, such as hand sanitizers or cleaning products.”

And Nothacker’s advice for Andre?

“There’s a good chance the devices are still functional. If he has a friend who is a police officer, compare the results with a law enforcement breathalyzer.”

I passed that recommendation on to my reader.

“It worked! All of them are accurate. Please thank Mr. Nothacker from all of us,” was the voice mail message he left me.

When I think of the many DUI cases that I handled, both as a prosecutor and then as a defense attorney, one thing stands out: Someone who has something to lose and who realizes the consequences of drinking and driving needs a breathalyzer.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Mr. Beaver, your recent story about the employer who recommended a personal injury law firm to his employees because he liked the firm’s television ads hit a nerve with me. I am involved in something similar that I would like to discuss with you, and I hope you can help. Please call. Thanks, ‘Ted.’”

When readers ask me, “Where do you get such interesting stories?” — this is how.

“So, what’s going on, Ted?” I asked.

“I own an office/home remodeling company. ‘Jason’ has been here since he graduated from high school. He is 25, married and has two kids. Recently, while driving in the rain, his truck hydroplaned and slid into a ditch. He wasn’t injured, and the truck wasn’t damaged.

“The state troopers responding to the accident suspected a DUI, and Jason blew a 0.12% (the legal limit is 0.08%). He was arrested and spent the night in jail. I learned from his wife they were having some issues, and Jason was drinking way too much.”

Ted told me he did not want Jason to have a public defender “even if he qualified financially.” He had been watching the YouTube videos of Texas Judge David Fleischer and others who call attention to cases in which lawyers do everything they can to keep repeat offenders out of jail.

“Instead of letting repeat offenders spend time in custody, these lawyers enable and encourage behavior that harms society,” Ted said. “I did not want a PD to give Jason the message, ‘Drunken driving is no big deal.’”

More to the story

As no jail time for a first DUI in their state would be fairly common, there had to be more to Ted’s fear. I asked him why he was so concerned.

In answering my question, Ted revealed that he is an employer who gets it. He cares about the people who work with him — he doesn’t think of employees as working for him.

“I was in Jason’s shoes 30 years ago at age 25 and caused an auto accident where, fortunately, no one was hurt. My grandfather hired a lawyer whom he told to ask the judge to give me several weekends in jail. At that time, there would normally be no jail time. But no one told me any of this. Even though I was the client, my lawyer didn’t tell me about this conspiracy that put me in jail, and I know his silence was technically not right.

“It was a lesson I’ve never forgotten and would not have learned had it not been for those weekends in the slammer. At my grandfather’s funeral, I was handed a letter he wrote to me years earlier that explained what he had done. He saved my life and, perhaps, other lives as well. I am so grateful to him and that attorney.”

That’s what Ted wanted for Jason.

No ‘I can get you out of this’ nonsense

After seeing a TV commercial for a DUI attorney and reading many Yelp reviews, Ted hired “Greg,” telling him, “I am not paying you for a defense, so no ‘I can get you out of this’ nonsense. I want you to have Jason admit his guilt and do some time in jail, or I fear he will keep on drinking and driving. He has a wife, two kids and is putting them all at risk!”

But Greg told him that without Jason’s full understanding and agreement, ethically he could not just tell him to plead guilty. He did say he would tell Jason what Ted felt was best.

However, as Ted discovered later, that did not happen. Instead, Jason was informed there was a real defense, the case dragged on for months, and he was finally allowed to plead to “unsafe driving for the conditions.”

Jason celebrated the dismissal of his DUI, on the same day, at a bar with friends until 2 a.m. Driving home, he hit a telephone pole, winding up with a leg fracture. His blood alcohol level was 0.24%. There are substantial medical deductibles to pay.

How did this go south?

After obtaining a signed authorization from Jason and Ted, I phoned Greg, who immediately admitted his office screwed up. “I assigned Jason’s case to an associate who never saw my memo, which said, ‘Tell client what employer feels is in his best interest — based on his own experience — a straight-up guilty plea and several weekends in custody.’

“Dennis, I feel terrible about the accident, because I am quite sure without that dismissal, he never would have gone to the bar with his friends. So, I want to pay for Jason’s medical deductibles as a way of trying to make things right. Please convey that to your reader.”

Greg added, “Family conspiracies to send a loved one to jail after a DUI save lives. Jail therapy is often the only thing that works.”

I phoned Ted to tell him, “Greg would like to speak with you, and I am certain you will be pleased with what he has to say.”

As mentioned in my previous article, here are some tips if you need to hire an attorney:

Get referrals. Ask friends, family or colleagues who they’ve worked with.

Do your research. Consider the attorney’s experience and check their reviews on websites such as Lawyers.com and Avvo, paying particular attention to the negative ones.

Ask questions. Make sure you ask the lawyer about their experience and fees when you first meet.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post How to save on auto insurance after a DUI appeared first on Dennis Beaver.

Recently I was at a fraternity party, where before anyone was allowed to drive home, they had to blow into a small breathalyzer. Those who registered over a certain limit were told to hand their car keys to someone who blew a much lower number, and everyone made it home safely. I think that’s a great idea, and would appreciate your suggestions and recommendations that I can pass along to my fraternity friends here at Cal State Fresno. Thanks, Tommy Lee.

California State University at Fresno, like universities with any fraternity or sorority presence, has had its share of alcohol-related problems, and banned one frat early in 2006 for alcohol violations.

Let’s face it, at college, booze and “Greeks” (more commonly known as fraternities) go hand in hand. Even at schools with a “dry” policy, college students are going to drink, with little regard for age or other legal consequences. There is no way to beat ’em, but there is a way of attempting to assure some degree of safety, and that could very well be through the use of a device that measures the percentage of alcohol in a person’s blood.

Enter the personal breathalyzer

“It’s not just for the obvious – measurement of breath alcohol levels before getting into a car – but once these devices came down in price dramatically, their uses expanded into other important areas,” Keith Nothacker told me recently. He is the CEO of San Francisco based KHN Solutions, one of America’s largest distributors of alcohol measurement devices.

“At one time only law enforcement or private industry could afford to buy a Breathalyzer, and they were highly complex, fairly temperamental devices. But in the past few years, new technology has brought down the size and cost, and now anyone can own an accurate breathalyzer for less than $100. This means that virtually any homeowner, parent, or employer can have a device ready to use in seconds should the need arise,” he told me.

In preparation for this story, I was loaned two of the products KHN Solutions sells, and had a chance to test them in the real world, at a friend’s wedding. “Would you mind blowing into this little white tube?” I asked friends who had consumed alcohol during the evening. “Now, you know that I am going to get a positive reading, but just how high do you think the numbers are going to go?” I asked.

You don’t know how high is high

“It is virtually impossible to know exactly what your blood alcohol level is at any given time without some form of test,” Keith commented. “That’s why, if you drink, or serve alcoholic beverages to your friends to any considerable extent, those little red numbers on a personal breathalyzer that say Give Me the Keys can be highly persuasive,” he added.

And Keith is absolutely right. Of the several people I tested, not a single person had any idea what their real BAC (Blood Alcohol Content) was. In more than one instance, the look on our friends faces was close to, “You have got to be kidding! But I feel fine!” They were close to .08, and, “given the fact that alcohol is absorbed more slowly with food, there is a real possibility that their level could have continued to climb over .08, making them clearly driving over the limit.” Keith commented.

More than to avoid the slammer

There are other uses for a breathalyzer, and one that I found especially touching was the case of a woman who had problems with alcohol and was facing the loss of visitation rights with her children.

“We sold a professional unit that costs nearly $1,000 to a customer who needed to show that she was not consuming alcohol prior to or during visitation weekends with her kids. It was a nasty divorce and she had spent time in jail for DUI, but loved her children. Since she could not get law enforcement to test her, it was agreed that, in the presence of an agreed witness, she would test and the machine would automatically print out the results, time and date stamped,” Keith related.

Other applications for these devices are fairly obvious. Screening on the job site, a little check of son or daughter’s claim of sobriety, or, “as entertainment. You would be surprised at how often these are purchased and become quite an attention grabber at parties. Obviously, anything that helps to encourage responsible drinking among people who are going to consume alcohol is a good thing, and so there is that’s aspect as well,” Keith concluded.

I tested two of the products KHN sells, one the consumer version, and a professional unit costing around $500. They both were easy to operate, and left every user with a, you will pardon the pun, sobering feeling.

“I had no idea that I have probably driven well over that .08 level, legally under the influence, many times before,” said one of our friends at the wedding. “I was lucky that nothing happened. And nothing will, in the future.”

As I always do with any product tested, Keith will get his breathalysers returned, and then I am going to buy one. You can find his company’s Web site at www.khnsolutions.com.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Is there a breathalyzer in your future? appeared first on Dennis Beaver.

May 18, 2013 • By Dennis Beaver

While lots of attorneys in California are looking for work, San Joaquin College of Law graduate Paul Denni considers himself fortunate in his choice of legal specialties.

Throughout Southern California, Denni handles traffic defense cases, including red light camera, speed violations, exhibition of speed, DUI and driving on a suspended license.

In our last two columns, he provided a great deal of useful advice on handling red light camera tickets, and this time he offers money-saving advice for anyone who has gotten a moving violation.

Fines are insanely expensive: Don’t just roll over!

“For many traffic tickets, fines can go into the hundreds — and at times, thousands — of dollars. They are pure revenue for states, cities and counties and have turned traffic officers into giant, guaranteed-pay slot machines. Many of these officers object to tremendous pressure on them to increase their output of tickets. California has seen an increase of 200,000 tickets when compared with earlier years, generating more than an additional $50 million a year.

“They had always been seen as a little sting — calling attention to a driver’s behavior which needed correcting — but not so punitive and expensive as to put other daily expenses at risk of not being paid or insurance rates going way up.

“You have nothing to lose in contesting a ticket,” Denni said.

“But many people are not inclined to fight tickets because they do not want to go to court. Hire a lawyer or fight it yourself, it is always best to appear, especially if you failed to take care of a ticket and it became a misdemeanor failure to appear which could result in arrest and/or impoundment of your car is pulled over.

“However, the court will often dismiss the FTA when you come to court, and I have even seen judges simply reward honesty, especially if there is a valid reason you could not appear.

“Acceptable reasons are being in the military, hospitalized or when the person with the FTA is incarcerated. While not technically a way out, a doctor’s note will often help, explaining why you could not come to court even if you were not in the hospital.”

Set the trial far out; the officer might not appear

“Let’s say you appear in court, ask for a trial and the clerk will give you a date. When set out as far as possible, the officer’s memory gets hazy. You want it set well beyond 45 days. Some officers make good notes, others do not, come to court and admit that they cannot recall the details and your case will be dismissed.

“But often the officers simply do not show. Out of a 100 traffic trials, about 40 to 50 percent of the time they are a no-show usually entitling you to a dismissal. A local police or sheriff’s officer is less likely to appear, as they are out handling real crime. But the highway patrol usually will be in court, as issuing tickets is almost all they do.”

Correct behavior and dress will reward you

“The way you dress for court and how you act is critically important. For men there is no need to wear a suit, but please, tuck in your shirt and wear a long-sleeved shirt, especially if you have tattoos.

“Show respect for the court and do not come in with a chip on your shoulder no matter how unfair you believe the ticket to be. Do not say, ‘I plead guilty with an explanation,’ because there is no such thing and this drives judges crazy, which is something you don’t want for obvious reasons.

“It is a very good idea to spend time in court a few days before your appearance and just observe. This will make the entire process seem less confusing. Always follow the bailiff’s instructions and remember that being polite is always a nice gesture for the people around us.

And speaking of being polite, there is indeed a way to avoid a ticket in the first place, and here’s how:

• Be respectful to the officer and pull over immediately when safe.

• Have your license and registration ready before he comes to your car.

• Be compliant. Use “sir” or “ma’am.”

• You are not a mind reader. If asked, ‘Do you know why I pulled you over?’ reply that you do not know why. Do not say why you thought he pulled you over.

• Don’t have a bad case of “misdemeanor bad-mouth, or say, ‘I did it! Just write me a ticket!’ Being rude = you just won a ticket and he will be in court.

Denni’s website is www.DUIandTrafficAttorney.com. It’s an excellent read.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Just got a traffic ticket? Tips from a traffic defense attorney appeared first on Dennis Beaver.

Last week we told you about 21 year-old Sam, in jail on Jan. 2 after a New Year’s party turned horribly violent. A friend — mixing anti-psychotic meds with alcohol — attacked him with a knife.

Trying to get the knife out of the friend’s hand, Sam’s fingers were cut to the bone. He and his girlfriend ran to his car, and like a character from the movie “I am Legend,” the crazed pal tried to smash his way inside.

But instead of simply driving off, Sam — no stranger to inviting fistfights — explained, “I had enough of his crap, got out of my car and hit him a few times with a baton that I kept in the car for self protection.”

Mr. Lunatic wound up with a broken arm and later that night, both were arrested, charged with assault with a deadly weapon, and Sam had the additional charge of having a billy club. His bail was $35,000.

“Ever since high school, our son has had a bad temper, hanging out with the wrong crowd, drinking, cutting classes in high school,” his father told us. But the family kept right on bailing him out of trouble, even buying him a car shortly after he came off of a year’s driver’s license suspension for a DUI when he was 20.

And now Sam was in jail, expecting the family to put up the bail. I told them not to, and they followed my advice.

Sense of entitlement

Enabled children — also known as spoiled brats — often get into real trouble with the law, or as they grow older, financially, which brings them and their families into a lawyer’s office. What rapidly becomes obvious to the attorney — that mom and dad are the problem — is often not seen or is denied by the family.

Preventing children from facing the consequences of their own behavior leads to a sense of entitlement, convincing them that the rules do not apply to them and, as everything is done for them, they are owed everything. Most are highly successful — as manipulators.

“Sam is a great manipulator,” his younger sister told us, “He claims to have a host of ailments, anxiety and panic attacks — all of which hasn’t fooled me, but our parents have been easily conned by him for years.”

Prominent parents often big-time enablers

Well-off families often excel at enabling their children. One dramatic example was a client’s son, whose dad is a well-known local physician. With a nasty and uncontrolled temper, the boy lacked respect for authority, arguing with police officers when frequently stopped for speeding. He would always ask for a trial, and as luck would have it, officers almost never showed up in court! Citations — dismissed.

Once, while test-driving a $50,000 BMW with his girlfriend and a car salesman as passengers, he raced into a curve doing 70. The curve was posted at 25. The car rolled. Dad’s insurance paid the dealer. The salesman got a different job.

But his behavior only worsened. First, he was kicked out of an expensive private college for threatening students — over a simple political discussion — and then thrown in jail for resisting arrest after fighting with officers who stopped him one night for speeding. I told his family and the kid that he needed to spend some time in jail now as he was headed in a dangerous direction. That idea did not go over well at all.

He again avoided real punishment, getting probation, no jail time and not even a fine.  But then, one afternoon, he and his brother beat up an elderly neighbor. The man’s sin? He asked the boys not to drive so fast in the neighborhood.

This time, Lady Luck looked the other way. He was sentenced to six months in custody, and he would have been out in two months had he not gotten into a fight with another inmate.

Across the years, his parents found one excuse after another, blaming everyone but their son, or themselves, including their family lawyer of more than 25 years.

And Sam?

It is the duty of the district attorney to seek justice, not merely win cases. Sam was the victim of a knife attack. A jury would likely conclude that his lunatic friend got what was coming to him with little served by prosecuting Sam for his reaction.

In arraignment court, he learned that only one charge was filed: illegal possession of a billy club, a misdemeanor.

“Plead guilty, and you get 90 days work release, no jail and a $400 fine. We will not revoke your DUI probation, but unless you change your ways, your future is down the drain,” warned the probation officer.

He took the deal.

Will anything change? We’re not taking bets.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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