Are Areas Of Law Cyclical?
I am often asked if areas of law are cyclical. To some extent that does take place. For instance, during November and December people do not want to file for a divorce which would ruin the holidays for the family. When the population of the desert explodes during “season” there are more cars on the road and thus a greater likelihood of accidents. This also takes place when we have rain and the roads are slick. Likewise with more people in town there are more “business deals” being consummated. From Springtime to September people are planning to move into the desert with their families and they scrounge around to find homes in time for the start of the school year. They thankfully retain lawyers to review the paperwork for their home purchases or business deals. Of course, our music concerts like Coachella and Stage Coach bring out the Drug, DUI and False ID cases.
With respect to Drunk Driving’s, whenever there is more drinking and partying the DUI arrests go up. We have more checkpoints and many people are stopped and arrested for a DUI, Driving on a Suspended License and Drunk in Public. During the summer many people drink more than normal to quench their thirst. However the big spike in arrests for DUI’s will occur during holiday celebrations. This could include Super Bowl Sunday, Valentine’s Day, St Patrick’s Day, Memorial Day, July 4, Labor Day, the Baseball World Series, Thanksgiving, Christmas and New Year’s Eve. Sometimes there seems to be nonstop arrests from Thanksgiving to New Year’s Eve because our neighbors have been partying at homes and offices. So, yes there are spikes in the types of cases at different times of the year.
We are coming up on Labor Day, World Series and Holiday Parties so with over 30 years of experience I know there will be a lot of our readers who will get stopped and arrested for a DUI. The trick is not to read this column but to understand the simple suggestions herein. If you are stopped for a DUI the Breath Test at the Scene and Field Sobriety Tests are optional. I would suggest explaining to the officer that stops you that your lawyer has advised these things are optional. If he is correct you “Elect not to take the breath test at the scene and the FST’s.” Then show you want to cooperate and ask for the Blood Test. If you stopped drinking some time ago this Blood test will take time to accomplish. On the other hand if you just finished drinking then the alcohol is not yet in your system and a Breath Test at the station would be better.
First of all Do Not Talk to Anyone Other Than Your Lawyer! Law enforcement officers and DA’s are not your friends no matter what they tell you. They are just doing their job and trying to make a case against you. So if you are arrested do yourself a favor and DO NOT TALK TO ANYONE AND CALL YOUR LAWYER. In that regard when I had a Radio Talk Show on the law I would suggest that People Don’t Plan to Fail, They Fail to Plan. So plan now on who you would call if you are arrested or get in an accident. When that happens you are in shock and will not make an intelligent decision. Put that number down in your wallet and computer and keep it by your phone.
Over the next few weeks with the “drinking season coming upon us I will prepare a multipart review on Drunk Driving Laws.
The bottom line: