Ryan P Murphy ESQ

Information may not be reliable

For those arrested using a breath test in Monterey or Santa Cruz, we can finally tell the jury the truth about the “real” blood alcohol level in most cases.
This is just a quick post. I’ve been so annoyed over the years that the jury was not allowed to be told the truth about what a persons real blood alcohol content might be. You see, in California, there has been a rule (not really a rule, like a half a law), but it’s how the judges have been ruling that the jury wasn’t allowed to be told that the truth about blood/breath ratios. Basically a persons breath may not be an accurate reading of their blood alcohol level and in fact their blood alcohol level may be lower, even significantly lower, but prior case law stated we, as defense attorneys, weren’t allowed to tell the jury this! Now we can and it’s why I’m excited – the truth, in my opinion, in a courtroom, is always good.
Here are the quick details. in the case of People vs. NcNeal, the California Supreme Court make it easier for those accused of DUI to tell the truth to the jury about what their real blood alcohol concentration might have been.
Before this ruling, DUI defendants-yes, especially the likely innocent ones, were precluded at trial from introducing evidence of individual variation in the conversion of breath test results to a blood alcohol reading (we call it the partition ratio). The Court’s decision in McNeal reverses this policy, allowing such evidence in “generic DUI charges”, also know as the “A” charge (California Vehicle Code section 23152(a)), but not in “per se DUI charges” also known as the “B” charge (California Vehicle Code Section 23152(b)).
Now, don’t get too excited, you have to have an attorney that knows how to use this knew law (yes, I do). I actually have been trained by an attorney in advance of this happening that has actually used this in a jury trial before.
More on this later.

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If you want to avoid messing up your case in such a manner that you may end up in jail, when you may not have to go, then I recommend you read the following.
This is very important information I put together at my expense, to help people avoid the mistakes I see others make regularly with their cases. I am sending it to you free to make sure you dont become one of these statistics. After reading it, if you have any questions, please feel free to give me a call. I cant tell you how many calls I do get from people AFTER they make one or more of the following mistakes and what it costs them to attempt to fix it.
1. Not making their Court appearances Or Being Late!
If you dont have an attorney, you must show up at your court appearances on time, or if your attorney tells you to be present in court you must do so.
I regularly get paid extra money to help people in difficult situations because they ignore their case and let it go to warrant before getting an attorney. If you dont show up to court and you were released without bail the judge may order bail. Even worse, the judge may increase bail if you were released on bail (recently on a simple 1st offense DUI a judge ordered $25,000 bond, which meant that the person had to pay a bail bondsman $2,500 that they never get back, just to avoid having to turn themselves into jail to this isnt a joke make their 1st Court Appearance)
2. Not Showing up for Work Alternative or Home Confinement Appointments.
One of the worst things feelings I get is when I hear about people who do not show up to their appointments or deadlines with work alternative/home confinement. Ive received many calls regarding this over the years, mainly from non-clients, but occasionally from clients, who ignore, or forget the date or time. If you dont keep these appointments or comply with court deadlines, you will be ordered to spend time in jail. *ALSO, a side note, dont show up with alcohol or drugs in your system (even from the night before)!!!
3. Not signing up for DUI class within the required time ordered by the court.
This is a big one. Technically if you have to go back to court to get a new referral, when you are standing in front of the judge trying to explain, the court can, and sometimes will, impose a 30-day jail penalty. Even if you avoid the jail penalty, there may also be attorney fees because you may need to have an attorney go to court and present a legal good faith excuse as to why you missed the deadline (to try and avoid the penalty).
4. Not Paying Your Fine on time, or Ignoring It.
Most times the court does NOT send you a bill; it is your responsibility to remember to pay on time according to their instructions (that is, you must pay the minimum amounts on time, write the correct case # on check/money orders, etc.). Theres nothing worse than getting pulled over for a basic speeding ticket and ending up in jail on an old case just because you didnt pay the fine.
5. Not Following Special Court Orders.
Sometimes attorneys can get better deals for their clients in exchange for unusual plea bargains and orders. If you dont follow the agreement, it could lead to more fines and/or jail time (i.e. writing a 500 word essay, or a certain number of AA meetings for certain types of DUI cases).
6. Not Keeping a Current SR-22 on File with the DMV (if required)
Many times you wont even get a clear notice from the DMV or court if you do not have a current SR-22 on file. Check with the DMV and make sure it is current but if you have a qualified attorney, ask them specifically how you should handle the SR-22 first. If it is not current then your license will be suspended (many people have suspended licenses and dont even know it), and you will face other consequences.
7. Getting Caught Driving On A Suspended license.
I get many calls each month regarding people (not my clients) driving on a suspended license after their temporary license expires. It usually leads to harsh penalties, for example, the vehicle you are driving (even if you are not the owner) could be, and usually is, impounded for 30 days. The cost of the impound is extremely high (sometimes more than the value of the vehicle). It can also lead to significant jail time.
8. Not Returning Their Attorneys Calls (if represented).
I cant tell you of the number of great deals that I have lost because the client either took too long, or never got back to either me or my staff, (some moved without giving us new phone numbers, or addresses). You must keep your attorney informed about new addresses and phone numbers and respond to their phone calls.
9. Not Following Their Attorneys Advice (if they are represented).
Ive missed out on so many good deals, and even dismissals, because a client, (even after they have paid their attorneys fees), did not follow my advice or another attorneys advice.
10. Taking the Situation Too Lightly.
People dont realize that a 2nd or 3rd offense can easily lead to significant jail time (NOT work alternative) i.e. 120 days MINIMUM on a 3rd offense, or getting another DUI while the 1st is still pending. Or simply not realizing that a DUI can also be attained without any alcohol in the systemjust by driving under the influence of their medical prescriptions.
As you can see from above, it is easy to avoid the 10 most common mistakes. Even though all these mistakes can be avoided by using a little common sense, most are caused by simple neglect, (i.e. like forgetting to send in a credit card payment, or missing a regular appointment) but have far greater negative impact (jail, and even the equivalent of a $1,000+ late payment fee when it comes to additional fines).
Ive also become concerned because I see people getting DUIs from use of their normal prescription medicationand not from abusing it. I see more and more people that have been arrested, not for bad driving, but for being under the influence of prescription medication. My concern lies with the fact that many times the person pulled over for is stopped for lack of registration, or another simple driving mistake, and their end up in jail and then in front of a Judge.
So be careful, its very common for the police to stake out your favorite local bar/restaurant and look for any reason to pull over people at night. In fact, in some areas the police are rewarded by the number of arrests they make. BE CAREFUL!!! The stake out is a known practice used by police as a way to get overtime by bringing in DUI arrestees.
Im regularly seeing the local DAs charge on less than .08 cases, shockingly, this is becoming more and more common. The goal for the police, is zero (.00) tolerance, and for the Government Lawyers a high conviction rate, even if it means not following the law or if innocent people get caught in the net.
I hope you find the above helpful, and I trust that I will not hear your name mentioned in court by the Judge, nor see you talking with a court clerk trying to fix one of these mistakes. Theres no worse feeling than having to fix something that so easily could have been avoided, and now with the information I have provided, you will easily be able to avoid the mistakes.
If you have any questions on how to avoid the 10 mistakes, please feel free and encouraged to call my office at (831) 657-0100.

Concerning the California DMV and your license (plus states that have agreed to share information), you do not have the luxury of taking your time or procrastinating. You must formally notify the DMV that you want to keep your license immediately (you only have 10 calendar days from the date of arrest for most alcohol cases).
I can instruct you on how to notify the DMV properly (the information provided on the forms given to you by the arresting agency is usually wrong). I can tell you the 3 most common mistakes (traps) people make when initially dealing with the DMV. If you request a hearing, your license normally will not be suspended by the DMV unless or until the DMV gives you a hearing.
For a free consultation and help with notifying the DMV correctly, call today at (831) 657-0100. All conversations will be kept strictly confidential. I can usually give you a same day phone consultation. Because our office is local, we are very familiar with the Judges and prosecutors. Unlike out of town attorneys, we can give you specific legal advice for handling your case in the courtroom it will be assigned to AND we don’t just take a large fee and then hire local counsel to do the case anyway.

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Growing up in Santa Cruz, CA was a wonderful thing. In 1994, I graduated from Aptos High School and moved to Monterey, CA (why my practice concentrates in the 2 connected counties).
For the next several few years, I worked in the local community and went to college.
Eventually, while working in Monterey and attending California State University of Sacramento (yes, it was a commute and helped lead me to appreciate what I have in life). In 1999, I graduated from Sacramento State with a Bachelors of Science in Business Administration. I moved back to Monterey and continued to work in the local community.
In 2001, I enrolled in Monterey College of Law. During the 3rd year of law school, I was lucky enough to obtain an internship at the Monterey County Public Defenders Office working on high end and complicated cases. These incredible experiences lead me to be retained at the San Benito County District Attorneys Office where I was sworn in as a Certified Law Student. This position included handling criminal cases, motions, and trials. After working in San Benito for about a year, the District Attorneys office hired me as the Paralegal.
In the summer of 2005, I graduated from Monterey College of Law with a Doctor of Jurisprudence and moved back to Santa Cruz. My position in San Benito as the Paralegal continued as I studied for and passed the California Bar Exam.
The District Attorneys Office swore me in as a Special Deputy District Attorney after passing the bar. In this position, I handled all of the civil litigation in the office and worked with the California District Attorneys Association.
After working in San Benito for about a year I realized I was much more defense oriented, especially for people not really belonging in the system, I took a position as a Deputy Public Defender in the Monterey County Public Defenders Office. This position included working in the Juvenile and Superior Court System. My experiences let me into private practice where I could give even more attention to my clients.
I now concentrate on Driving Under the Influence (DUI) cases, which includes driving under the influence of prescription medication, and illegal substances (many people mistakenly believe DUI can only be charged for alcohol). My firm handles all criminal matters and can help you out with most related matters. One of the unique features of my firm is that I limit the number of cases I take - I learned this is required from my experience in the public defender's office.