Visalia Criminal Law Blog

Some Californians are on the keto diet in an effort to lose weight or manage diabetes. The keto diet involves following a strict low-carb regimen so that the body will go into ketosis. During ketosis, the body burns fat for fuel in the absence of carbohydrates. While the keto diet is popular, it might also cause people to have false positives on roadside preliminary breath tests when police suspect that the driver is under the influence.

According to an article in Men's Health, people who are on the keto diet emit ketones as isopropyl alcohol in their breath. This form of alcohol does not impair driving ability and is different from the ethanol alcohol that is found in alcoholic drinks. However, PBT machines that are used by police may not be able to differentiate between isopropyl and ethanol alcohol, leading to false positives and potential DUI charges for people who are sober.

A 39-year-old California man has been sentenced to more than eight years in prison to be followed by four years of supervised release after being convicted of possessing a controlled substance with the intent to distribute and being a felon in possession of a firearm. A federal jury found the man guilty of all but one of the charges facing him after a trial lasting three days.

The man's situation took a turn for the worse in February 2016 when his Cadillac sedan was pulled over by police in Menlo Park for having an expired registration tag and unlawfully tinted windows. During the routine traffic stop, officers say they noticed a bag containing a substance that appeared to be marijuana near the center console and a scale on the passenger seat. According to court documents, a subsequent search of the vehicle led to the discovery of undisclosed quantities of cocaine, methamphetamine, and heroin concealed in one of the car's air vents. Police are also said to have recovered a loaded Glock semiautomatic handgun.

A bill proposed by a California lawmaker would lower the legal blood alcohol content in the state to .05 percent from the current level of .08 percent. However, lobbying groups do not support the proposed change to the law. The American Beverage Institute says that the law would do nothing but target responsible social drinkers.

Another piece of legislation would require all drivers convicted of drunk driving to use an ignition interlock device. However, those who oppose the law say that it would just make money for the interlock industry. Furthermore, those who don't agree with it say that it would take away a judge's ability to use discretion in a given case. Currently, those who are charged with their first offense don't need one if they didn't injure anyone while impaired.

Drivers in California know that feeling of nervousness when they notice a police car driving behind them. It doesn't automatically mean the cop is ready to give a ticket, but traffic tickets can be such an expensive hassle that merely the sight of a cop car in the rear-view mirror can set many drivers' hearts racing. Here are a few simple tips drivers should keep in mind to avoid getting a ticket their next time out.

In California, it is a violation to drive without wearing a seat belt, so one of the simplest things drivers can do to avoid tickets is buckle up. Police departments often have special days or weeks during which they are looking to ticket people for seat belt violations. This is also among the first things police look for once they've made a traffic stop. They can see if the driver attempts to quickly put on his or her seat belt after the stop has been initiated.