Almost all DUI investigations include having a DUI suspect perform various balance and coordination tests. These tests are referred to as field sobriety tests or FST’s. The theory behind these tests is that they test a person’s ability to divide attention. Driving is portrayed as a divided attention task. One has to both operate the automobile and also pay attention to other cars, pedestrians, and traffic controls on the road. (more…)
The Refusal Case
When a DUI suspect refuses to take a chemical test, both the DUI defendant and the prosecution are presented with challenges and opportunities.
California has a law called the informed consent law of chemical testing. What this means is that when you got your drivers license, you agreed (although you probably did not realize it at the time) that in exchange for the state giving you your drivers license, you agreed to submit to a chemical test. This law means that the state does not need a warrant or other court order to have you submit to a chemical test. (more…)
Why Husbands And Wives Should Have Prenuptial Agreements
By James D. Scott, CFLS
Commonly Heard Phrases Indicating Agreement and Compromise Between Spouses:
Antenuptial Agreement
Marital Agreement
Post-Marital Agreement
Marital Settlement Agreement
Stipulation to Judgment (more…)
Why Would You Not Mediate Your Divorce With All These Protections?
By James D. Scott, CFLS, Copyright 2007
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§ 703.5 |
“No mediator is competent to testify.” |
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§1115[a] |
Definition of Mediation: A neutral person facilitates communication. |
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§1115[b] |
A Mediator is a neutral who conducts mediation. |
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§1115[c] |
Mediation consultation is a broad definition including intake communications. |
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§1119 |
Mediation privilege written in oral communication inadmissible. |
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§1119[a] |
Nothing said in mediation is discoverable or admissible in evidence. |
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§1119[b] |
No writing prepared for mediation is admissible or subject to discovery. |
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§1119[c] |
All communications, negotiations, and discussions are confidential in mediation. |
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§1120 |
Evidence admissible or subject to discovery outside mediation is not inadmissible because of the mediation. |
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§1121 |
No mediator’s report or findings may be submitted to the Court. |
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§1122 |
Communications and writings may be admissible if the parties agree in writing. |
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§1123 |
Business settlement agreements prepared in mediation may be disclosed if the agreement is enforceable or binding or words to that effect; or the parties agree in writing; or the agreement is used to show fraud, duress, or illegality that is relevant to an important issue. |
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§1124 |
An oral agreement from mediation is not made inadmissible if, in accordance with §1118: the oral agreement is recorded by a court reporter, tape recorder or other, the terms are recited on the record, the parties express on the record they agree to the terms recited, the parties state on the record the agreement is enforceable, the recording is reduced to a writing signed by the parties within 72 hours. |
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§1125 |
Mediation ends when:
NOTE: Parties may execute a partial written settlement, an oral agreement may partially resolve the dispute per §1118, either party may end mediation without an agreement. |
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§1126 |
Protection before and after mediation: anything said or any writing is inadmissible and protected from disclosure before mediation ends and to the same extent after mediation ends. |
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§1127 |
A person who erroneously subpoenas or tries to get a mediator to testify or produce writing is subject to an award of reasonable attorneys fees in favor of the mediator. |
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§1128 |
Any reference to mediation during a subsequent proceeding is grounds for vacating or modifying the decision in that proceeding. |
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§1152 |
Offers to compromise are privileged. |
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§1152[a] |
All settlement discussions and offers are privileged. |
