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Even the Best Fresno DUI Lawyer in Fresno can't win them all, but.  But, the best thing a DUI Attorney can do is give you a straight, honest, and educated evaluation of your case. Here's a new first look issue taking root out of Florida that is providing a lot of interest nationwide.

Fresno Lawyer watches the evolution of the DUI Checkpoint unfold:

The ziplock bag v. Checkpoint debate is about to be taken up by the courts.  What An out of state attorney has argued that people do not have to speak with police at the Drunk Driver checkpoints.  Further, it is asserted that the driver may comply with all legal requirements merely by placing their license and registration against the transparent glass window and allow the officer to inspect it.

The arguments is that the checkpoints, which many consider to violate the United States Constitution, and others assert it was legal gymnastics was required for the Supreme Court to have found they are Constitutional, further violate our rights by infringement further into the areas of privacy guaranteed by the constitution when they ask to search your vehicle, roll down the window, or take other such liberties from you. DUI Lawyers have long argued against the validity of checkpoints, and numerous case laws such as the Ingersol case have limited the permissive scope of such a roving nuisance.  However, the new challenges should be interesting, because the scope, purposes, selection, and procedures deemed legal do not appear to require the driver to speak or roll down their window.

When asked if I recommend trying such tactics, I always relay the obvious, "Not if you've been drinking" because I strongly suspect any officer worth their salt will find (or devise) a method to achieve the goal, and once you've been arrested for drunk driving, the courts may perform exactly the same legal gymnastics required to find the checkpoints constitutional to find the officer had a reasonable suspicion to further detain the driver.  At which point, any person who has been drinking, will likely find themselves in more DUI trouble or worse.

Some officers maintain that a person selected to be stopped at a checkpoint has a legal obligation to speak with the officer, and will be detained until they do so.  We must also remember that driving is a privilege, not a right, and in so doing, we forfeit certain rights, and the courts have not specifically ruled if this is one of them.

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

Glass chess

Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

D v

Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker


Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.