Wednesday, May 26, 2010

Lindsay Lohan Goes Back to Court


The last piece of advice I give to my client at the end of a criminal case where probation is imposed is this: "Listen to your probation officer and do what they tell you to do---they are now your best friend. They can make your life easy or they can make your life hard."


Lindsay Lohan's recent episode of missing a mandatory court appearance highlights the importance of following the rules when you are on probation. Some folks do fine while on probation but for a large number of individuals, being put on probation is just the beginning of their toubles. Being put under the microscope as a probationer subjects everything you do to supervision. Probationers can't afford to not follow the rules---they need to lay low, stay at home as much as possible (think Martha Stewart), complete probation, and then move on with their life.

Tuesday, May 25, 2010

DUI and Diabetic Reaction Look The Same

I recently received a case evaluation from Dave Cox with Fact Finder Investigations. Dave is a former state trooper who now gives DUI seminars to attorney's throughout the county and provides expert opinion on DUI stops.

The recent evaluation I received from Dave involved a driver who was having a diabetic reaction. Dave notes that, "police are trained specifically that a person having a diabetic reaction will look, act, and smell like a person who is under the influence of alcohol." In addition, those having a diabetic reaction will also, "register a higher than normal BAC on breath testing equipment." Those handling DUI cases should include a section in their client questionnaire covering medications taken as well as any medical conditions they have. Doing so may result in dismissal of the charges or an acquittal at trial.