California Drunk Driving Defense
ROBERT TAYAC, Attorney at Law
44 Montgomery Street, Ste. 3850
San Francisco, California 94104
Phone: 415-552-6000
Toll free: 800-901-1888
Santa Clara County: 408-985-8700
Sonoma County: 707-576-9900
e-mail:rtayac@aol.com

Recent Cases Which May Be Helpful In Your Defense Of A CALIFORNIA DUI

1. State v. Homan: Field Sobriety Tests not allowed to establish probable cause unless done correctly.
   
   
2. Knowles v. Iowa: Officers may not search beyond what is necessary for officer safety in a routine traffic stop.
   
   
3. U.S. v. Lambert: A defendant was seized while agents held his driver's license for 20 minutes.
   
   
4. U.S. v. Buchannan: The defendants were seized when the troopers separated them from their vehicle.
   
   
5. U.S. v. Mitchell: A defendant retains his priveledge against self-incrimination through sentencing.
   
   
6. Florida v. J.L.: A seizure can not be made based on an uncorroborated anonymous tip.
   
   
7. Solovij v. Gourley: Perhaps the most important case in California for winning at the DMV.  This case prevents the DMV from curing defects in the sworn probable cause statement by using the unsworn police report. 
   
   
8. Nelson v. City or Irvine: established for the first time that an arrestee has a constitutional right to choose a breath test and that the police cannot compel a blood test from a driver who wants a breath test, except under unusual circumstances.