OCBA Trust and Estates Section June 8, 2016 Law Offices of Virginia L. Landry, Inc. 23046 Avenida De La Carlota, Suite 125 Laguna Hills, CA 92653 949-585-7400 virginia@landrylaw.net www.orangecountydmvlaw.com www.duiqueen.com
Bio Virginia Landry is well known in Orange County for effectively representing persons accused of DUI cases relating to alcohol and drugs, as well as the DMV s Administrative Per Se actions for license suspensions. Located in Laguna Hills, California, the firm has successfully represented thousands of DUI clients during her twenty seven years of private practice. Virginia Landry has been trained through and is Board Certified in DUI Defense by the ABA and the National College for DUI Defense, is a Regent, Sustaining Member and Chairperson for the Diversity and Listserve Committees. Virginia serves on the National Association of Criminal Defense Lawyers Association DUI Committee. She currently serves on the Board of Directors for the California DUI Lawyers Association as its Secretary. Virginia Landry is a current member of the Orange County Bar Association, previously serving on the Board of Directors and on two committees. Virginia Landry is a past President and current member of the West Orange County Bar Association. Speaking engagements include the National College for DUI Defense, Mastering Scientific Evidence, California State Bar Association s annual meeting, the California DUI Lawyers Association, the California Public Defenders Association, the West, Newport Harbor and South Harbor Orange County Bar Associations and the Bridging the Gap program for new attorneys. Ms. Landry has been a guest lecturer at Chapman University of Law, Western State University and Trinity College of Law. Virginia Landry has been featured in the Orange County Register, the OC Bulletin, the Irvine World News and appeared on news channels 4 and 13.
Professional Affiliations National College for DUI Defense National Association of Criminal Defense Lawyers California Attorneys for Criminal Justice California DUI Lawyers Association California Public Defenders Association American Bar Association Orange County Bar Association Newport Harbor Bar Association West Orange County Bar Association South Orange County Bar Association Northern Arizona University Alumni Association Western State College of Law Alumni Association
DMV DMV ISSUES FOR BABY BOOMERS AND BEYOND
SHALL WE DRIVE?
What is a Nice Girl Like You Doing In a Place Like This? Physical and Mental Evaluations Re-Examination Lack of Knowledge Lack of Skill Negligent Operator Driving Under the Influence Fraud Fatality Suspensions
Drivers Safety Offices Orange, California Hearing Officer Administrative Process Not an Open Courtroom Relaxed Rules of Evidence Vehicle Code, Government Code and the Administrative Procedures Act Statutory and Case Law Authority
Physical and Mental Evaluations Drivers License Issues: Defined as a Privilege not a Right Teenage Drivers Middle Aged Drivers (everyone in between) Mature Drivers
P&M /Hearings Physical Conditions Fainting Heart Attack Lapse of Consciousness Diabetes Handicap Age
P&M Hearings Mental Conditions Anxiety Depression Suicidal Tendencies Panic Attacks Psychiatric Alzheimer or Dementia Age
P&M Hearings Cross-Overs to Criminal Law Alcohol Drug Citation Accidents Age
RE-EXAMINATION Referral Law Enforcement Medical Anonymous Letters Property Damage Accidents Injury Accidents Fatalities
Re-Examination Regular Priority
Re-Ex Process Set Hearing Request Discovery Prep Client Vision Written Interview Drive Test
Lack of Knowledge Study Retest AAA Senior Citizens Assistance AARP Usually will receive a discount on insurance if you take when DMV is NOT investigating you
Lack of Skill Special Instruction Permit Retest Driving Simulators Rehabilitation
HANDICAP PLACARDS Temporary Permanent
DISABILITY PLACARDS
DISABILITY PLACARDS
WINDOW DECALS FOR WHEELCHAIR LIFTS REG 256
FORMS Vision, DL 62, 20/40 Written P&M, DS 326 Driver Medical Evaluation SIP: Special Instruction Permit Disabled Person Placard or Plates, Reg 195 Notice of Decision Outcome Possibilities
Senior Driver Ombudsman Program There are more than 5.5 million drivers over the age of 55 in California More than 2.5 million are 70 or older
NEGLIGENT OPERATOR Provisional License Age 18 and over 2 or more accidents in 1 year Injury accidents
NEGLIGENT OPERATOR POINTS
NEGLIGENT OPERATOR POINTS
NEGLIGENT OPERATOR POINTS
NEGLIGENT OPERATOR POINTS
Welcome To My World
DUI Alcohol CVC 23152(a): It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle CVC 23152(b): It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle
DUI ADDICT CVC 23152(c): It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. Addicted refers to emotional and physical dependence on a drug so that it is taken compulsively, see People v. O Neil (1965) 62 Cal.2d 748
DUI DRUG CVC 23152(e): It is unlawful for a person who is under the influence of any drug to drive a vehicle. CVC 23152(f): It is unlawful for a person who is under the combined influence of any alcoholic beverage and a drug to drive a vehicle There are 5 schedules recognized by the DEA
PROSECUTION THEORY PRESENCE EQUALS IMPAIRMENT USE EQUALS ABUSE
SUBSTANCE ABUSE The Other Bar Chronic or Excessive Use of Alcohol Drug Dependency Reporting Requirements Against Attorneys
MEDICAL DEFENSES Gerd Diabetes Surgery Neurological Joints Arthritis COPD
SYMPTOMOLOGY Disorientation Confusion Sweet odor of alcoholic substance Flushed face Slurred speech Red eyes
HOW DOES DIABETES AFFECT A BLOOD ALCOHOL TEST? Chris Bassett, MD Department of Pediatrics UT College of Medicine, Chattanooga Unit Chattanooga, Tennessee
HOW DOES DIABETES AFFECT A BLOOD ALCOHOL TEST? The body prefers to use glucose for energy. The cells of the body need insulin in order to take up glucose from the blood. If a diabetic does not take enough insulin, the cells won't be able to use the blood glucose, and the body will start breaking down other materials for energy (namely, fats). When fats are broken down for energy, waste products called ketones (also known as ketoacids or ketone bodies) are produced. These ketones can cross-react with both the breath and blood alcohol tests. Therefore, a diabetic who is making ketones may have a positive result, even if he or she hasn't had anything to drink.
HOW DOES DIABETES AFFECT A BLOOD ALCOHOL TEST? But the problem for diabetics doesn't end there. A diabetic who is producing LOTS of ketones (again, as a result of not taking enough insulin) will have a peculiar odor on their breath from the ketones - an odor which might be mistaken for alcohol. And even worse, having lots of ketones in the blood can make the blood acidic, which will make the person feel sick, dizzy and confused - and this might be mistaken for drunkenness!
Court Disposition Codes A. dismissed B. forfeiture C. fine D. driver license suspended E. driver license restricted F. traffic school G. probation H. 30 month drinking driver program I. ignition interlock device J. jail K. felony-motor vehicle used L. sentence suspended M. reprimanded no further action
Court Disposition Codes N. referred to alcoholic clinic O. drinking driver program P. do not suspend Q. DUI 1 st offender program R. alcohol/drug related S. court restriction-drive to and from employment T. court restriction-drive during course of employment U. issuance of driver license delayed V. court restriction-drive to and from treatment program W. fine or jail X. court orders DMV suspend Y. court orders DMV revoke Z. other
Immigration Issues FRAUD HEARINGS Amnesty Programs Multiple Licenses Fake IDs
FATALITY HEARINGS Accident Reporting From Agency Order from Sacramento DMV Hearing Request
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THANK YOU! Appreciation to Lya Kingsland and Bill London Orange County Bar Association Meghan O Brien Taylor Betty M. Stroh Lorena, Suzie, Angelica, Maritza, Scott, Jesse and Tina