Visalia Criminal Law Blog

In California and across the United States, breath tests may no longer constitute accurate ways to measure whether drivers are inebriated while driving their vehicles. A recent New York Times report mentioned that approximately 30,000 breath tests were not used in court because of their inaccuracies. Sometimes, the breath tests are not even properly calibrated, which often results in inaccurate readings. The thorough investigation involved interviews with more than 100 attorneys, business executives, law enforcement officers and scientific researchers.

The report investigated numerous corporate documents and records. According to the study, it is not feasible to determine blood alcohol levels based solely on breath test results. Many things can go wrong with a breath test. In addition to faulty calibrations, older machines may have bad components, causing them to yield false readings. Breath testing devices can also fail due to poor programming resulting in numerous mistakes. Some handheld devices cause inaccurate readings if drivers are tested while they have breath mints in their mouths.

In mid-October, Southern California authorities announced the seizure of 18 pounds of the potent synthetic opioid fentanyl. Investigators say the amount was sufficient to create 4 million deadly doses of the drug and has an estimated street value of $1.25 million.

Local media outlets report that deputies from the Orange County Sheriff's Department uncovered the fentanyl after executing a search warrant at the home of a 60-year-old man. They also allegedly discovered heroin, methamphetamine, a semi-automatic handgun and $71,000 in cash during the search. The man was arrested and charged with multiple drug crimes.

A California woman has been indicted on five counts of wire fraud for allegedly promising to help immigrants become permanent residents or American citizens and then pocketing their money. U.S. attorneys say she did not file any paperwork on behalf of her clients with the U.S. Citizenship and Immigration Services, was not licensed to practice law in any state and had no business license. The woman was released from custody after posting an undisclosed bond.

Federal prosecutors say the woman used online advertising to attract clients. Many of her alleged victims were Iranian nationals according to media reports. She is said to have told her clients that she could guarantee them green cards, work visas and even U.S. citizenship. When her clients complained about the length of time it was taking for their applications to be approved, the woman is said to have refused to provide refunds and ceased all communication.

California readers might be interested to learn that actress Felicity Huffman was sentenced to 14 days in prison on Sept. 13 for participating in a college admissions bribing scheme intended to boost her daughter's SAT scores. She was also sentenced to 12 months of supervised release, assessed a $30,000 fine and ordered to serve 250 hours of community service. She must begin her prison sentence on Oct. 25.

According to prosecutors, Huffman confessed to paying $15,000 to arrange for her daughter's SAT test score to be illegally inflated to 1420. The money was paid to the mastermind of the scandal, who paid someone to correct wrong answers on her test. The former Desperate Housewives star would have had to shell out $75,000 for her daughter to receive a perfect score of 1600.