- When someone is arrested for diving under the influence of alcohol, they are offered a choice of a blood or breath test. If arrested for driving under the influence of drugs, they are offered a choice of a blood or urine test.
- Field sobriety tests are voluntary.
- Lawful substances can create artificaially high alcohol levels.
- Body temperature can affect the breath test results.
- Blood samples can ferment, and create artificially high alcohol readings.
- It takes one hour for each standard drink to be “burned off” or eliminated from your body.
- According to the breath machine manufacturer, there is a margin of error in breath-testing equipment.
- The arresting officer is required to continuously observe a person for fifteen minutes immediately prior to administering the breath test.
A conviction for Drunk Driving may lead to jail time, license suspension, heavy fines and cancellation of your insurance. You need representation by a Firm devoted to defending against this serious offense and to providing you with the personal attention of experience professionals. Therefore, in order to properly defend your case, The Law Offices of Bruce Richland, P.C. utilizes the services of experts in the field:
The Law Offices of Bruce Richland, P.C. uses a criminalist, Toxicologist and State-Certified Alcohol Supervisor with twenty-five years of experience, including tenure with the Los Angeles County Sheriff’s Crime Lab, who has testified in over 2400 drunk driving cases. He is retained as a consultant to testify in the evaluation of all blood, breath and urine evidence and will assure that your case is carefully reviewed for every scientific defense that is available.
With eighteen years as a Hearing Officer and lecturer with the Department of Motor Vehicles, The Law Offices of Bruce Richland, P.C. retains as a consultant an expert witness on license suspension, physical and mental conditions and negligent operator matters before the Courts and at DMV Administrative Hearings. This expert is devoted to protecting your privilege to drive, not only through the State of California, but also nationally.
The Law Offices of Bruce Richland, P.C. employs a veteran police officer of 15 years. During that time he was hand selected to be part of several task forces, including the DUI task force. There, he conducted thousands of DUI investigations and is a highly qualified investigator for DUI police tactics and procedures. Chosen to be a field training officer to new cadets, he is also a two-time recipient of the Officer of the Year Award who will examine the facts about your case and will determine if the police acted “according to procedure,” or if they made any common mistakes that often lead to a dismissal, or a reduction in the charges.
Furthermore, The Law Offices of Bruce Richland, P.C. hires a court recognized Blood-Alcohol expert who is also recognized as an expert in alcohol levels in the human body and the machines used to test this. Having testified as an expert in over 2500 DUI cases, he is the former supervisor of the Los Angeles Sheriff’s crime lab, and former manager of the blood-alcohol testing unit.
The state of California has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
- Miscellaneous (Paraphernalia, DMV & license suspensions)
- Any conviction of a minor under 21 causes driver's license suspension for 1 year.
- Possessing less than 28.5g of Marijuana
Possession of 28.5 grams or less of marijuana is not an arrestable offense. As long as the offender can provide sufficient identification and promises to appear in court, the officer will not arrest the offender. Upon conviction of the misdemeanor charge the offender is subject to a fine of $100. Possession of greater than 28.5 grams is punishable by up to six months in jail and a fine of up to $500.
HOWEVER, If you possess Marijuana in a vehicle then consequences are different.
- Possession of Marijuana or Open Container While Driving
- Under Vehicle Code Section 23222, any person who is in possession of marijuana while driving a motor vehicle upon a highway is guilty of a misdemeanor.
- Investigations by the Department of Motor Vehicles (DMV)
The department may conduct an investigation to determine whether the privilege of any person to operate a motor vehicle should be suspended or revoked or whether terms or conditions of probation should be imposed upon receiving information or upon a showing by its records that the person was convicted under VC 23222.
Under Health & Safety Code 11364: It is unlawful to be in possession of an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance.
Under Health & Safety Code 11364.5: It is unlawful to maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away unless such drug paraphernalia is completely and wholly kept, displayed or offered within a separate room or enclosure to which persons under the age of 18 years not accompanied by a parent or legal guardian are excluded.
- California's Local Guidelines
- These limits are not legally binding, other than for purposes of immunity from arrest and prosecution; they are floor amounts intended to provide a safe harbor of immunity for any patient with a bona fide recommendation to be presumed in compliance with California Health and Safety Code HS 11362.5 (Prop 215), as long as there is no indicia of sales or commercial production. The affirmative defense remains for patients in possession of larger amounts. Collectives and patients charged with intent to sell should take note of special provisions in HS 11362.7. Larger amounts may be authorized by local cities or counties.
SB 420 Statewide Default Patient Guidelines: To be as safe as possible from arrest and prosecution, patients and caregivers should stay below the medical marijuana immunity law passed by the California legislature, HS 11362.77, which sets a minimum statewide guideline of 6 mature plants OR 12 immature plants AND up to 8 ounces of processed cannabis flowers. Physician's note exempts larger amounts. Cities and counties empowered to set guidelines that are greater than those amounts, but not less. This is explained in an open letter from the authors of the bill.
To learn more about the history of implementation and malfeasance towards California's medical marijuana laws, visit
The California Attorney General has issued his own set of guidelines. These are not binding law, but give an idea of how prosecutors will consider the circumstances of a medical marijuana patient or garden.
Federal law does not recognize medical marijuana and the Raich decision affirmed their power to prosecute cases that are legal under state law
A. Possession. A qualified patient, or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of marijuana of up to three (3) pounds of dried cannabis or conversion per year.
B. Cultivation. A qualified patient or a person holding a valid identification card or a designated primary caregiver, or primary caregivers or qualified patients whom associate collectively or cooperatively, may also cultivate cannabis in an amount not to exceed more than one-hundred (100) square feet total garden canopy, per qualified patient, as measured by the combined vegetative growth area.
C. Plants. A qualified patient or a person holding a valid identification card or a designated primary caregiver, or primary caregivers or qualified patients whom associate collectively or cooperatively, may cultivate cannabis in an amount not to exceed more than thirty (30) plants per qualified patient. The authorized thirty (30) plants must be grown within the one-hundred (100) square foot total garden canopy per qualified patient.