Wednesday, June 19, 2013
For over 35 years representing clients in cases ranging from dui to homicide, I have always advised my clients and the public that the first rule of “what to do if I get stopped by the police?” is to remain silent. Well, after the June 17, 2013 ruling by the U.S. Supreme Court in the case of Salinas v. Texas, remaining silent has become a little more complicated.
Mr. Salinas was not in custody, he had not been read his Miranda rights and was freely talking to police investigators, answering some questions and remaining silent when asked some other questions. He was later arrested.
At his murder trial, prosecutors were allowed to comment on his silence as evidence of his guilt. And, after due deliberation, the jury did find guilty. Now The U.S. Supreme Court has ruled in a 5/4 decision, that this did not constitute a violation of his 5th Amendment right to remain silent.
The court reasoned that since Mr. Salinas was not in custody during the questioning, he had the burden of speaking up and saying that he was invoking his right to remain silent. He was not in custody, and since he didn’t speak up and invoke his right to remain silent, what he didn’t say was used against him.
The Law Office of Gene Dorney strongly advises that if you are stopped by law enforcement, you must say “I am invoking my right to remain silent.”
We at the Law Office of Gene Dorney Dui Law Office can help you if you are charged with driving under the influence of alcohol or drugs, driving on a suspended license, domestic violence, probation violations and any other misdemeanor or felony. We have been representing clients in these types of matters in
Newport Beach, Corona del Mar, Laguna Beach, Irvine, . Costa Mesa Huntington and all of Beach for over 35 years. Orange County
And remember, if you arrested, The Law Office of Gene Dorney is here to help you. Call 949 675-4973 to speak with Gene Dorney.
HAVE A SAFE, HAPPY SUMMER FROM THE LAW OFFICE OF GENE DORNEY
Thursday, June 13, 2013
A ban on all mobile phone conversation behind the wheel, including hands free has been called for by National Transportation Safety Board Chair Deborah Hersman. This after the AAA Foundation for Traffic Safety released a report yesterday containing findings that voice text messaging is much more distracting to drivers than making a call with a hand held device.
Over the last few years DUI law enforcement officers have been increasingly stopping drivers for texting or talking on a hand held device. California DUI lawyers consistently remind their clients and the public that speaking or texting on a hand held phone is extremely distracting and dangerous, can cause you to swerve, or cause a collision with another person. If you have been drinking or using medications, it could cause you to be arrested for a DUI. The Law Office of Gene Dorney, Newport Beach DUI Law Office, strongly suggests that you turn off and put away your phone in the glove box prior to driving.
The National Transportation Safety Board and The Law Office of Gene Dorney, Newport DUI Law Office, are in agreement, “Hands Free is Not Risk Free”.
We at the The Law Office of Gene Dorney, Newport Beach DUI Law Office, can help you if you are charged with driving under the influence of alcohol or drugs. We have been representing clients in these types of matters in Newport Beach, Laguna Beach, Corona del Mar, Newport Coast, Irvine, Huntington Beach, Costa Mesa, and all of Orange County for over 35 Years.
And remember, if you are arrested for driving under the influence, driving on a suspended license, probation violation, or any other misdemeanor or felony, The Law Office of Gene Dorney, Newport Beach DUI Law Office, is here to help you. Call 949-675-4973 to speak to Gene Dorney, Attorney at Law.
HAVE A HAPPY AND SAFE SUMMER FROM THE LAW OFFICE OF GENE DORNEY.