Helping Good People Regain Control of Their Future
When Charged With a Crime
February 2019 eNewsletter Issue no. 27
New DUI and Police Transparency Laws in California
DUI Ignition Interlock Devices
 
Several years ago California began a pilot program applicable in only 4 counties (of which San Diego was not one) mandating that an ignition interlock device (IID) be installed in a vehicle whenever the driver was convicted of a DUI. An IID requires that the driver pass a breathalyzer test each time the vehicle is started and includes random tests while the car is in motion. Effective January 1, 2019, SB 1046 requires an IID for all multiple DUI offenders statewide, and even first-time DUI offenders where there was an accident involving an injury. Such cases now mandate an IID be installed, at the cost of the defendant, in every car they own or operate. Even where no injury occurs, a judge maintains the discretion to order an IID for AT LEAST 6 months. Note: the law applies to alcohol and the combined use of alcohol and drugs; it is not applicable in drug-only cases.


Police Transparency in Use-of-Force Cases
 
Another 2019 enacted California law prohibits law enforcement from denying the public access to certain police information. One of these, SB 1421 , allows public access to police records in use-of-force cases and to investigations confirming work-related police sexual misconduct or dishonesty. Another requires that police body camera footage must be released within 45 days of a police shooting causing death or serious bodily harm.
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We try to do our best to ensure both our current and prospective clients stay on top of developments in the area in criminal law, at least in part by publishing our monthly eNewsletter. But you can also check out our Facebook, Twitter and LinkedIn pages to follow the latest legal developments in San Diego, get an inside look at the Firm’s day to day operations, and gain some insight into the lives of our team members.
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This newsletter is for meant for informational and marketing purposes only, and should not be relied on as legal advice. Viewing and/or use of the newsletter, including sending email or submission of forms, does not create or constitute an attorney-client relationship. Any endorsement, testimonial or other statement contained in or referred to in this newsletter is not a guarantee, a warranty or a prediction of a particular result in your case. David P. Shapiro and Stefano L. Molea are active members of the State Bar of California and are admitted to practice law in any and all California state courts and in the Southern District of California federal courts.