The Law Office of Clint Parish The Law Office of Clint Parish 2026-08-25T21:24:03Z https://www.clintonparish.com/feed/atom/ WordPress /wp-content/uploads/sites/1605336/2026/02/cropped-CP_FAV-32x32.png On Behalf of The Law Office of Clint Parish <![CDATA[Domestic violence defense: The impact of excited utterances]]> https://www.clintonparish.com/?p=47727 2026-08-25T21:24:03Z 2026-08-25T21:24:03Z How excited utterances are admitted as evidence Courts allow excited utterances under a hearsay exception. The idea is that a person under intense stress has little time to fabricate details (for example, if someone calling 911 says that their attacker has a gun). Law enforcement often relies on such statements when responding to domestic violence calls. Although the rule is well established, each case requires a careful look at the circumstances surrounding the statement. Excited utterances can come from anyone, including a defendant, an alleged victim or a witness. Courts focus on whether the speaker was reacting to a startling event while under stress -- not their role in the case.

When excited utterances may be unreliable

There are multiple reasons why an excited utterance may not reflect what actually happened. For example:
  • Stress can distort perception.
  • Substances can affect memory.
  • Confusion can lead to inaccurate details.
  • Fear can cause exaggeration.
This means that a statement made during a chaotic moment is not always dependable. A thorough review of the incident helps determine whether the statement deserves weight.

Challenging excited utterances

A defense representative can use different strategies to question excited utterances, including:
  • Examining the time gap between the event and the statement
  • Reviewing body camera footage for inconsistencies
  • Assessing whether the speaker was calm enough to reflect
  • Comparing the statement with later accounts
When evidence shows that the speaker had time to think or communicate in a planned and measured way, the statement may lose its protected status. This can help defendants better demonstrate what really happened during the alleged incident.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Challenging breathalyzer calibration and maintenance records]]> https://www.clintonparish.com/?p=47720 2026-08-11T18:43:46Z 2026-08-11T18:43:46Z How calibration problems affect breath test accuracy Breath test devices require regular calibration to provide accurate readings. A device that is overdue for calibration may produce inflated results. Various issues can arise when calibration is not completed on schedule, including the following:
  • The device may fail to convert breath samples into a precise BAC value.
  • Normal use and environmental changes can shift baseline accuracy over time.
  • The result may be over 0.08% even when a person’s actual BAC is lower.
A careful review of calibration logs can reveal gaps that strengthen your defense strategy.

Why maintenance records matter in DUI cases

A breathalyzer's maintenance records show whether the device has been inspected and repaired as required. A device that has unresolved mechanical issues may not measure alcohol levels correctly. Common issues involving poor maintenance include:
  • Damaged sensors
  • Software errors
  • Inconsistent performance reports
A complete maintenance history helps determine whether the device was functioning properly during your test. Since breath test results are only as reliable as the device and the process used to obtain them, you have the right to investigate their accuracy. Steady support can help determine if the breathalyzer results that lead to the arrest are accurate and were performed correctly.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Why doesn’t everyone’s BAC change at the same rate?]]> https://www.clintonparish.com/?p=47718 2026-08-06T23:02:54Z 2026-08-06T23:02:54Z Everyone’s body is different Body size is one factor that can make a difference. A larger person is likely to be less affected by a particular quantity of alcohol than someone smaller, because there is more water in their body to dilute the alcohol they drink. Gender can also make a difference. Male bodies contain more of the enzymes that break down alcohol than female bodies do, so men can generally process alcohol quicker.

Other factors

You and your friends likely started your first drink at a different point. Maybe one of you still had alcohol in their system from the previous night. Meanwhile, one of you hadn’t had a drink all month. Maybe one of you is slower to process alcohol because their liver is in poor condition. Medication is another factor that can affect BAC. A person’s liver may be processing one or more drugs. Therefore, it’s slower to process alcohol in that moment compared to a person who is not taking any medications. Trying to estimate whether you are below the legal BAC limit to drive is fraught with risk. If you miscalculated and were charged with DUI, it is important to explore your defense options, as a conviction can have lifelong consequences.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Can a domestic violence charge cause you to lose your job?]]> https://www.clintonparish.com/?p=47717 2026-07-24T17:48:00Z 2026-07-24T17:48:00Z An arrest and a conviction do not create the same risk No. A pending charge and a conviction do not affect employment in the same way, but both can create problems at work. An employer may react to an arrest, a protective order or allegations involving workplace conduct before the criminal case ends. A conviction usually carries more serious consequences because it may lead to disciplinary action, suspension, loss of duties or termination. California Labor Code Section 432.7 generally limits how an employer can use certain arrest records that did not result in a conviction. These protections do not eliminate the risk, but they may influence how an employer could use the pending case during hiring or disciplinary decisions.

Which jobs face the greatest risk?

Some jobs face more risk because the work depends on a professional license, a government clearance or the legal ability to carry a firearm. A domestic violence case may create a greater risk for people in healthcare, public administration, security and other regulated work. A protective order, licensing review or firearms restriction may restrict an employee’s ability to perform the required duties even while the criminal case is still pending.

Job duties and legal restrictions can shape the outcome

Job loss does not depend on the charge alone. Employers may look at whether reporting rules apply and whether the case affects job duties or public trust. Protective orders, plea terms and the final court result may also affect how an employer or licensing board responds later. The case may also trigger broader domestic violence defense issues that affect work, licensing and future opportunities long after the criminal case ends. The case may also start affecting work in practical ways, including missed shifts, internal reviews and future job applications. Working with a lawyer early may help you challenge the allegations, reduce or eliminate the charges and limit problems that continue after the court case ends.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Can you face an alcohol-related charge as a passenger?]]> https://www.clintonparish.com/?p=47716 2026-07-07T07:52:51Z 2026-07-07T07:52:51Z Driving under the influence (DUI) of alcohol or other drugs is a charge that usually affects drivers who are caught operating a vehicle while impaired. However, cases of passengers getting into trouble after the police stop a car for suspected impaired driving are commonly reported. Some circumstances can result in such a situation. Here is what to know:

DUI charge

A passenger under the influence of alcohol can face a DUI charge if there is evidence that they exercised physical control of the vehicle. For instance, if they reach over to help steer the vehicle or were actually driving the car but switched seats with a passenger. Dashcam/bodycam footage or footage from traffic cameras can show if a passenger touched the steering wheel or swapped seats.  Moreover, if an officer suspects the person in the driver’s seat was not the one driving earlier, they may arrest everyone in the car. For example, they may look at whether the driver’s seat is positioned correctly for the person caught behind the wheel, check if the passenger is wearing a seat belt that is twisted or get witness statements to support that the vehicle’s occupants switched seats.

The open container law

In California, it’s illegal to drink alcohol while driving or riding as a passenger in a vehicle. You can also get into legal trouble as a passenger caught in a car with a container containing alcohol that has been opened, has a broken seal or has had its contents partially removed. The state requires an open container to be kept in the trunk or a place where passengers do not sit.  It’s possible to face a charge related to alcohol when you are a passenger. Nonetheless, the police have to prove certain factors for you to be convicted. Get more information about your defense options to protect yourself.    ]]> On Behalf of The Law Office of Clint Parish <![CDATA[Can recorded conversations serve as proof of domestic violence?]]> https://www.clintonparish.com/?p=47709 2026-06-20T14:09:05Z 2026-06-20T14:09:05Z California has a two-party consent law Recording people without their consent is an invasion of privacy. California requires that everyone present be aware of an attempt to record for the recording to be legal. If spouses or housemates previously agreed to install security cameras in their home, the video footage or audio recordings captured during a conflict could be admissible evidence if one party faces domestic violence charges. However, hidden recordings made by secret cameras or mobile devices may not be admissible evidence during criminal proceedings. A defense attorney may be able to suppress recordings made without the knowledge or consent of one of the people involved. In some cases, inappropriate recording could open the person making the accusations up to civil litigation or even criminal prosecution. Reviewing the evidence that the state intends to present during a trial – with the assistance of a skilled legal team – can help domestic violence defendants strategize before their day in court. Evidence suppression can reduce the likelihood of a domestic violence conviction when the state’s case depends on hidden recordings.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Don’t fall for myths when it comes to your BAC]]> https://www.clintonparish.com/?p=47708 2026-06-15T14:03:01Z 2026-06-15T14:03:01Z drink a cup of coffee to lower your BAC. Others may suggest things like drinking a cup of water, eating a large meal or even taking a cold shower. But these are all myths, and none of them will actually lower your BAC.

So how do you get it to go down?

To get your BAC to drop, you simply have to wait. Every hour, it will decline by approximately 0.015%. You just have to wait long enough for it to drop to acceptable levels. As you can see by that rate of decline, it can take quite a long time. Even if you wait around for an hour or two, you may not be back under the legal limit. If your BAC was at 0.09%, it would take roughly six hours to get back to 0.0%. This means that it is usually very difficult to get your BAC to decline by a meaningful amount so that you can drive after you have been drinking. The best option is typically to plan ahead so that you do not have to drive to begin with.

Are you facing impaired driving charges?

If you fell for one of these myths, such as drinking a cup of coffee, you may have been arrested on impaired driving charges. It is important to know what legal defense options you have, especially if you are facing the prospect of incarceration, financial fines, a license suspension and more. Seeking legal guidance now, therefore, is wise.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Male victims of domestic violence face shame]]> https://www.clintonparish.com/?p=47707 2026-06-04T13:44:36Z 2026-06-04T13:39:51Z You never thought that it would happen to you. That’s one common theme running through one group of partners/spouses who experienced domestic violence. But the stigma remains for male victims of domestic violence. Read on to learn more about how this demographic group struggles to acknowledge their victim status and learn more about the resources they can tap to find help.

Male victims are minority group

At least 85% of domestic violence victims are female. But that still leaves about 15% who are male, suffering from the effects of a toxic relationship turned violent. There are male victims from all socioeconomic, educational and cultural groups.  Age is not a barrier to this form of domestic violence, either, as victims of all ages can be vulnerable.

Different types of domestic violence

The state of California recognizes that domestic abuse is not always physical. In addition to physical abuse that might include slapping, punching, throwing objects at victims, use of weapons and shoving, the following are all examples of other forms of abuse suffered by male and female victims alike:
  • Stalking
  • Emotional and verbal abuse
  • Financial abuse
  • Threatening kids, other relatives and pets
  • Custody threats
  • Sexual coercion
  • Forced isolation
All of the above occur to male survivors. They also struggle with resistance from law enforcement officers who might feel a certain way about gay or transgender survivors or question whether a man is actually being victimized by their female partner.

Help is out there

While it might feel particularly demoralizing to admit one has been victimized, that is the first step in the transformation from victim to survivor. Below are some resources that can be tapped in such volatile situations. This list is not all-inclusive. You may have additional help available to you. Help begins with that first call.  ]]> On Behalf of The Law Office of Clint Parish <![CDATA[Can police search your car without a warrant in Sonora?]]> https://www.clintonparish.com/?p=47702 2026-05-21T20:29:45Z 2026-05-21T20:29:45Z Fourth Amendment and local legislation protects citizens from unreasonable searches and seizures.

The automobile exception and probable cause

Under the federal automobile exception, police officers in California do not always need a physical warrant to search a vehicle. However, they must meet strict constitutional standards.
  • The standard of probable cause: An officer must possess objective, reliable facts, and not a mere hunch, leading a reasonable person to believe that contraband or evidence of a crime is currently inside the vehicle.
  • The landmark 2026 Sellers rule: In a historic decision, Sellers v. Superior Court, the California Supreme Court ruled that a tiny amount of loose marijuana crumbs on the floorboard or a driver acting nervous does not give police probable cause to search your car.
If a Tuolumne County officer performs a vehicle search based on a subjective hunch or minor debris, any drug evidence uncovered can be suppressed and thrown completely out of court.

The pitfall of "voluntary" consent

The most common way law enforcement bypasses the warrant requirement during a traffic stop is by simply asking for the driver’s permission.
  • Coercive phrasing: Officers often use clever phrasing, such as, "You don't mind if I take a quick look in your trunk, do you?" to make a request sound like a mandatory order.
  • The absolute right to refuse: You have a legal right to politely say, "I do not consent to a search." Refusing does not imply guilt, nor does it give the officer legal grounds to search anyway.
Verbally denying a search forces law enforcement to meet strict legal standards and preserves your ability to challenge the stop later in court.

Unlawful extensions of a traffic stop

Even if an officer has a valid reason to pull you over (such as a broken taillight) they cannot detain you indefinitely on the side of the road while they wait for a drug-sniffing K-9 unit to arrive. The U.S. Supreme Court has explicitly ruled that a traffic stop cannot be extended beyond the time reasonably required to address the initial traffic infraction. If you are facing drug-related charges in Sonora following a roadside stop, you must scrutinize every detail of the police officer's dashcam footage and written reports. Being strategic against illegal police overreach is the single most powerful tool you have to protect your freedom.]]> On Behalf of The Law Office of Clint Parish <![CDATA[Certain medical conditions can mimic DUI impairment]]> https://www.clintonparish.com/?p=47701 2026-05-19T00:09:45Z 2026-05-19T00:09:45Z Did you know that some medical conditions come with symptoms that may look like alcohol impairment? Since they can influence balance, coordination and speech or eye movement, a medical issue could lead to a DUI arrest.  If you are facing DUI charges and dealing with a medical issue simultaneously, a deep investigation may benefit your situation.

Conditions that resemble intoxication

Several health issues can produce signs that look similar to impairment. Common conditions that may be misunderstood during field sobriety evaluations include:
  • Low blood sugar can cause confusion, shakiness and slurred speech
  • Auto brewery syndrome can create elevated alcohol readings due to internal fermentation
  • Inner ear disorders can affect balance and create unsteady movement
  • Neurological conditions can trigger muscle weakness or delayed responses
  • Eye disorders can cause involuntary eye movement or difficulty focusing
These and other conditions may impact how a person appears during a stop, making a full review of the circumstances essential.

Why field tests may be unreliable

Field evaluations rely on physical performance and visible cues. Medical conditions can interfere with these tasks even when a person has consumed no alcohol. Weather, footwear and uneven surfaces can also affect results. This means field tests may not provide a true picture of a person’s condition.

Medical evidence can support a defense

Medical records, diagnostic history and prescription information help explain any symptoms that resemble impairment. This information can show that observed behaviors were linked to a health issue rather than alcohol use. When supported by credible documentation, this can challenge law enforcement assumptions made during the stop. A careful review of medical factors and the guidance of a defense representative can play a meaningful role in defending against DUI allegations in Louisiana.]]>