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Common Crimes That People Are Generally Unaware Of In California

Interviewer: What crimes do you represent people for, that most people aren’t commonly aware of, I mean for instance, do you handle any white collar crimes or something like that.

Matthew Murillo:  I usually don’t, but I think in my practice from ones that I come across the most that people aren’t aware of, would definitely have to be either low BAC DUI’s or drug related DUI’s, a lot of people come in thinking, if it’s an alcohol offence and they blew an 0.4, an .05, or an .06 BAC, that they can’t be arrested for DUI.  That’s not necessarily the case.  There is a specific section in the vehicle code, that doesn’t require a specific BAC level, it just requires impairment coupled with driving,

People Arrested on Prescription Drug Related DUI Charges Assume the Prescription is an Automatic Defense

As far as drugs go, people tend to be surprised that could be arrested for DUI while being on a prescription drug.  I would say that’s definitely one thing that surprises most people, when they come in.  They assume, if I have a prescription for a drug and I am arrested for DUI, then that’s an automatic defense for it, when that’s not necessarily the case.  It does help but having a prescription for a drug, isn’t going to cause the case to be dismissed.

Common Ways that People Unintentionally Incriminate Themselves in a Criminal Case

Interviewer: What are some of the most common ways that people unintentionally incriminate themselves or hurt their pending case, before or even during the process?

Matthew Murillo:  I think the most common way, and it’s pretty much the same across the board, I haven’t really seen much of any other way, but the most common way to incriminate yourself, before or after being arrested is by talking to the police. It’s important that people understand that they have no obligation to speak with the police, if they are contacted by the police, they have no obligation, to answer questions or anything like that. But for some reason people feel that, if they are honest, even if they admit to violating the law, that somehow the police officer will have pity on them, and will make the officer decide to just let them go with a warning.

People Often Admit to Having Drinks When Pulled Over for a Suspected DUI

I see a lot of that, in the DUI context, when someone gets pulled over, they admit to how many drinks they have had and when they had them. Some people admit that they feel the effects of alcohol. That’s not a good way to go because it’s just giving more information to the officer to help build a case against you, even if you have an otherwise solid defense. After being arrested, it’s the same thing, officers will advise a person Miranda rights, and then they’ll ask if the person still wants to speak to them, and more often than not, people will say “yeah”, and essentially start admitting everything.It’s just that misconception that the officers are there to help you.Yes, they are there to protect us, but you also have to keep in mind that they do have a certain bias when they are investigating crimes – especially DUI.

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