A similar FOIA request was recently used for a far different purpose as the public interest group Judicial Watch has filed a Freedom of Information Act (FOIA) lawsuit against the U.S. Department of Defense seeking the release of images and videos surrounding the death of Osama bin Laden. The interest group stated that the “American people have a right to know, by law, basic information about the killing of Osama bin Laden.” Under the FOIA, the government has 20 days to respond to the request, but the Defense Department instead issued a statement, saying, “At this time, we are unable to make a release determination on your request within the 20-day statutory time period.”  Wire Report, The Sacramento Bee  05/13/2011.  Read Article: The Sacramento Bee.

Although we cannot predict whether a FOIA request will result in pictures of Osama bin Laden, we do know that such requests can reveal important information that Humboldt County residents have a right to receive.  If you believe that the breath or blood testing results from testing equipment seem incorrect then please contact us so that we can assist you in finding the documents that might assist you in your case.

The DMV administrative license suspension is an entirely separate proceeding from a criminal prosecution.   A DMV administrative suspension and a criminal charge in state court can each have license consequences.  Therefore, it is important that you separately address the DMV administrative suspension, which has the short ten (10) day deadline by which you may request a hearing to challenge the suspension.  An attorney may assist you with a hearing request to DMV to challenge the suspension and with the hearing itself.   According to the DMV:

The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances        surrounding the arrest, not whether you are innocent or guilty of a criminal act.   Only the following issues will be discussed:

If you took a blood or breath or (if applicable) a urine test:

Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153?

Were you placed under lawful arrest?

Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:

Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?

Were you placed under lawful arrest?

Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?

Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?

Additional information on the subject of administrative hearings and criminal DUI charges can be found here.

The DMV also makes available on its website a useful blood alcohol concentration chart.

The Janssen Law Firm can assist you should you require a DUI lawyer for a DMV administrative hearing or DUI criminal charge in Humboldt County.