August 2015 Newsletter
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Angel Baseball Tickets Giveaway

Every month, Virginia is having a drawing to give away Angels "Diamond Club" Baseball Tickets.  Persons who send referrals to our office will be entered into the drawing as a token of our appreciation for expressing their confidence in us by referring new clients.  

 

Watch the 1 minute video below for more information.
Preferred Client Personal Parking 


 

We have a Preferred Client personal parking space in front of our building for clients and potential clients who come to visit.
Certificate of Rehabilitation May Help Registered Sex Offenders Lead Better Lives
Society considers sex offenses to be some of the worst types of crimes. As a result, between sex offender registries and the general public stigma, many reformed and rehabilitated offenders have a difficult time even finding a job or moving to a new neighborhood. However, a California Certificate of Rehabilitation can help people lead full lives and may even remove some people from the sex offender registry. 

What Does A Certificate of Rehabilitation Do?
In California, a Certificate of Rehabilitation will not erase past criminal convictions. Instead, the Certificate is a declaration from the court saying that a person is obeying the law, demonstrating good moral character, and is reformed.

The Certificate can also restore the civil and political rights of a person convicted of a felony or some misdemeanors. That person would be able to vote, own a handgun, and may no longer be required to list themselves on the sex offender registry.

The Certificate also acts as an automatic application for a Governor's Pardon, which can completely erase the conviction from a person's criminal history if granted.

Who is Eligible?
In order to be eligible for a Certificate of Rehabilitation, a person needs to have been convicted of a felony or some sex crime misdemeanors, and have successfully been released from prison either on parole or at the completion of the sentence.

In addition, the person must be able to show that they have resided in California for five years prior to their petition, and must wait an additional period of five years if they were convicted of most sex offenses. During this waiting period, the person cannot have been sentenced to jail or prison, and must have references who will testify to their good moral character and reformation. 

Who is Not Eligible?
Not every convicted sex offender is eligible for a Certificate of Rehabilitation. For example, those who are required to serve mandatory lifetime parole cannot apply. In addition, anyone who was convicted of the following sex offenses are automatically ineligible:
  • Penal Code 286(c), Sodomy with a minor,
  • Penal Code 288, Lewd acts with a minor (child molestation),
  • Penal Code 288a(c), Oral copulation with a minor,
  • Penal Code 288.5, Continuous sexual abuse of a child, or
  • Penal Code 289(j), Forcible acts of sexual penetration with a child.
However, anyone convicted of these offenses is still able to apply directly to the governor for an official pardon.

How Does The Process Work?
 
The process for getting a  Certificate of Rehabilitation can be lengthy. Once a person is eligible, he or she will need to fill out an application form and compile letters of character and other supporting documents which will attest to his or her rehabilitation. That application is then filed with the California Superior Court.

The court will set a hearing, where the judge will hear evidence supporting your application. The person will usually be required to attend this hearing, and may need to testify on their own behalf. After hearing all of the evidence, the judge will make a decision whether or not to grant a Certificate of Rehabilitation.

Receiving a Certificate of Rehabilitation requires skilled representation that can present a person's past mistakes and current law-abiding lifestyle in the best manner possible. At the Law Offices of Virginia L. Landry, we know that these are serious criminal convictions, and want to help you put your life back in order.

If you are considering applying for a Certificate of Rehabilitation, schedule a free initial consultation with Virginia L. Landry and her team of experienced criminal defense attorneys. Call 866.902.6880 or visit us online. to schedule your appointment today. 
Medical Conditions Which Can Affect Blood Alcohol Readings
Breathalyzer tests have inherent flaws. The tests can only measure the amount of alcohol in the breath, and they can't tell if the alcohol is from a drink or if it was created by the person's own body. When a physiological condition produces alcohol internally, a driver's breath test results may be artificially inflated, leading to a potentially unjust arrest.



If your breath test is ever higher than it should have been, a medical condition may be to blame. If you suffer from any of the following conditions, be aware that your breathalyzer results may be skewed higher than normal.

Diabetes

Diabetes Types 1 and 2 affect over 29 million Americans. The Centers for Disease Control and Prevention estimate that as many as 8 million people have undiagnosed diabetes, meaning that it may take a health crisis or medical emergency before they even know that they have the disease.

A person with diabetes cannot regulate their insulin levels, meaning that they have to control their blood sugar with diet and insulin injections. When a person's blood sugar is too high (hyperglycemia) or too low (hypoglycemia), the health consequences can mimic the symptoms of a person who has been drinking.

In hyperglycemia, blood sugar rises slowly. During a hyperglycemic episode, a person will feel thirsty, nauseous, and feel weak or lethargic. If left untreated, the body can enter a state of ketoacidosis, where the liver begins to break down proteins and fats. This creates ketones, which enter the blood stream and are expelled in the breath in the form of isopropyl alcohol.

Unfortunately for diabetics, breathalyzer machines have difficulty telling the difference between isopropyl alcohol, and ethyl alcohol which is the form of alcohol found in drinks. A person experiencing ketoacidosis who takes a breathalyzer may end up blowing an artificially high result.

Another problem diabetics experience which may lead to a DUI arrest comes from hypoglycemia. While low blood sugar will not register on a breathalyzer, the symptoms of a hypoglycemic episode act like those of drunkenness. Symptoms like slurred speech, dizziness, disorientation, or a loss of consciousness could lead an officer to believe that a person is under the influence, rather than experiencing a medical emergency.  

GERD and Acid Reflux

Gastroesophogeal Reflux Disease, or GERD, is a condition where the stomach contents and stomach acid leak up into the esophagus, causing heartburn and acid reflux. During episodes of acid reflux, the stomach contents can move all the way up the esophagus into the mouth.

If there is alcohol in the stomach during a breathalyzer test, a person who is experiencing gastric reflux may exhale some of the alcohol that has moved up into the mouth, causing a higher than normal reading on the breathalyzer. For example, a person who may have had a single drink would then exhale both the alcohol being expelled through the lungs, as well as the residual alcohol from their mouth. This combination would increase the breathalyzer's reading, possibly pushing the person's breathalyzer reading over a .08.

Low Carb Diets

While not a medical condition, a person consuming a low carb diet can also undergo ketoacidosis. When the body cannot use carbohydrates for fuel (because the person isn't eating any carbohydrates), then the body burns fats and proteins. When the liver converts these fats and proteins, it also releases ketones, just like the body of a diabetic who is hyperglycemic. These ketones are then converted into isopropyl alcohol, which can trigger a false positive on a breathalyzer test.

None of these physiological conditions are rare, and all of them can cause a higher than expected reading on a breathalyzer. While an episode of acid reflux or the Atkins diet will not cause a person's breath test reading to rise by an extraordinary amount, the combination of any of these and a drink or two may push the results over the legal limit.

Defenses like these can be complicated to prove in court, but you shouldn't be held responsible for driving under the influence if you weren't.  Get the representation you need on your side to fight back against criminal charges by calling the Law Offices of Virginia L. Landry. Our attorneys represent people accused of driving under the influence every day, and will work to help you clear your name.

For more information about DUIs or the DUI process, visit us online. To set up a free initial consultation with one of our attorneys, call 866.902.6880 today.
Virginia Landry

Virginia L. Landry received her undergraduate degree from Northern Arizona University in 1982. She then went on to pursue her law degree from Western State University, graduating in 1988. The following year, Ms. Landry opened her own Law Office. As a nationally recognized Board Certified DUI Defense Attorney Specialist, Orange County Criminal Defense Attorney Virginia L. Landry, is able to practice law within all the California state courts and the Central District Court of the United States.

 

As a criminal defense lawyer with years of litigation and trial experience, Ms. Landry is fully prepared to handle criminal cases involving violent crimes, white collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Attorney Landry has successfully represented clients facing a variety of complex misdemeanor and felony charges.


In addition to her current position as Regent for the National College for DUI Defense (NCDD), Virginia serves on the Board of Directors for the California DUI Lawyers Association  as its Secretary. Virginia is one of only a handful of attorneys across the nation who is Board Certified in DUI Defense. She has also received her  certificate of instruction , successfully training participants in DWI Detection and Standardized Field Sobriety Testing Student and Instructor courses.

 

Virginia Landry served on two committees and was on the Orange County Bar Association's Board of Directors for three years, is a past President and current member of the West Orange County Bar Association, is currently a Sustaining Member for the California Attorneys for Criminal Justice and is a member of the National Association of Criminal Defense Lawyers. Other local bar associations include the North Orange County Bar Association, The Newport Harbor Bar Association, the South Harbor Bar Association, the Western State University Alumni Association, the Northern Arizona University Alumni Association and the Warren J. Ferguson Inns of Court.
Law Offices of  Virginia Landry