The Ninth Circuit Court of Appeals has overturned a first degree murder conviction in US v Begay (2009 DJDAR 7955). The defendant, Begay, was convicted of two counts of first degree murder along with two counts of using a firearm during a crime of violence. The Ninth Circuit overturned the District Court's first degree murder convictions stating that the government had failed to introduce evidence that was sufficient to show premeditation. Since premeditation is an essential element of a first degree murder charge, the Ninth Circuit had no choice but to overturn the District Court's first degree murder convictions.

The Ninth Circuit stated that premeditation required a showing of a time to reflect on the decision to commit murder and that the defendant did in fact reflect on that decision and that the murder was committed with a "cool mind" after engaging in said reflection. The Court ruled the mere fact that the defendant had a weapon is not enough to support premeditation if the weapon is one in which the defendant regularly uses for lawful, non-violent purposes. In this instance the defendant routinely used his firearm for recreational purposes. The Court held that the possession of a firearm alone is not enough to support premeditation.

In July 2009, the California Supreme Court made a decision in People v McNeal that can be an important weapon in a criminal defense attorney's DUI defense arsenal.

According to the decision, defendants who have been charged with Vehicle Code §23152(a) may now present evidence of one's partition ratio to contest the accuracy of Breathalyzer results. The partition ratio is the conversion ratio that the breath machines use to convert the amount of alcohol in a breath sample to the amount of alcohol in the blood. The standard partition ratio is set at 2100:1, defined as milliliters present in the breath: milliliters present in the blood.

Even though scientists still believe that using a 2100:1 ratio is an acceptable representation of a person's partition ratio, it is believed that the majority of the population has a 2300:1 ratio. This would result in a higher than actual blood alcohol content on the Breathalyzer machine.

One problem with this decision is that court declined to provide guidance as to how a criminal defendant could establish their own personal partition ratio. In addition, the court could determine that this evidence is inadmissible at trial because in order for scientific evidence to be allowed it must have gained general acceptance in the particular scientific filed and currently there are no established procedures for determining a person's partition ratio.

Given the problems with this decision, it is important that anyone facing a DUI charge work with an experienced DUI attorney.

Most people ask what length of time the DMV reports actions or convictions on driver license records. Below is a guideline to answer that question.

Most traffic offenses (DUI, hit and run, reckless driving) will stay on your driving record for a period of seven years starting from the date of violation. These violations typically result in a two point penalty on your driver's license.

Most other traffic offenses (speeding etc.) will stay on your driving record for a period of three years starting from the date of violation. These violations typically result in a one point penalty on your driver's license.

Accidents are reported for three years from the date of the accident and if at fault result in a one point penalty on your driver's license.

A suspension or revocation of your license due to a DUI or failure to provide proof of financial responsibility, will be reported for a period of three years from the reinstatement date or proof termination date, whichever is earlier.

Any failure to appear (FTA) for DUI related offenses will be reported for a period of ten years starting from the date of violation. All other FTA's will be reported for a period of five years starting from the date of violation.