Use Extra Caution When Driving or Walking During December.

More than 700 people nationally are expected to be injured or killed each DAY during December in drunken driving crashes alone, a rate two to three times higher than the rest of the year, according to the centers of Disease Control and Prevention.

If you could turn back the clock you would not have had that extra drink.  You would not have crossed the street while looking at your cell phone.  You would have taken an extra second to look both ways before turning into traffic.

Regardless of whom is at fault in these holiday season catastrophes you need the best representation possible if you are accused in any type of accident where you are deemed at fault.  It can literally be the difference between freedom and incarceration in 2015 and beyond.

You may rely on the Law Office of William Chestnut for aggressive representation against any criminal charge of which you may be accused.  This is already a stressful and difficult time.  Put your trust in William Chestnut and give him a call at (408) 298-6990 to handle your case anywhere in the San Jose California area.

Social Host Ordinance Could Bring Criminal Penalties Against Parents

Social host ordinances have been springing up across communities for many years. Now, San Jose has passed its own ordinance, hoping to curb underage drinking. According the San Jose Mercury News, the social ordinance would make the adult who owns or leases the property responsible if more than three underage people are found drinking on the property, and they could be charged with a crime. This means parents need to be extra cautious as to what their children are up to.

These ordinances place the burden of responsibility on the parents for knowing exactly where their children are at every moment of the day. If a parent needs to go out of town for work for a night, or the parents take a vacation without their kids, they might risk being fined for the social host ordinance. It might not be as simple as locking up the liquor cabinet.

If you're in need of criminal defense contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance.

Juveniles Arrested After Fire In South San Francisco

Teenagers sometimes hang out with their friends, and do things that their parents might not approve of. If these activities result in an arrest, it is important that teens and their parents understand their rights. Five juveniles were arrested last week after allegedly lighting a fire in Sign Hill Park using illegal fireworks in South San Francisco. One boy was identified by investigators who allegedly told police he was with the four others.

Sometimes juveniles are accused of crimes and their parents might not know how to handle the legal situation. Speaking with a criminal defense attorney who is experienced in juvenile criminal cases might be a wise decision.

The teens in this case were charged with conspiracy and burning property. Although they were released to their parents, they may still face some legal issues. They could face consequences that could harm their ability to get into college and might have long lasting effects. Parents often care about their child's wellbeing, and even if they make a mistake, would never want those mistakes to harm their chance at a solid future.

An attorney can help the teen and their family understand the charges they are facing and how the legal system works for juveniles. People might think that a crime committed by a juvenile is just automatically wiped off of their record once they become an adult, but it is important to fully understand how each individual charge can affect a teen's future. Some charges might consequences that might last into adulthood.

Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 or at williamchestnutlaw.com for assistance with criminal defense matters.

Should I Take The Field Sobriety Test?

When an officer stops a motorist suspected of driving under the influence, the officer will typically ask the motorist to engage in one or more field sobriety tests. These are a dozen or more physical tests that supposedly determine whether the taker is inebriated by measuring coordination, balance, eye movement and/or language/memory skills. The officer who stops a motorist for suspected DUI will often ask the motorist to take several of these tests alongside the road. With any stop by a police officer, you must step out of your car if told to do so. What the officer will not reveal is that, unless under 21, the motorist is free to refuse the field sobriety tests.

Should an adult driver refuse the field sobriety tests at the scene? Yes.

First, most of the tests are of little value in determining sobriety. Studies commissioned by the National Highway Traffic Safety Administration have shown, of the many tests used, only three-the one-leg-stand, nystagmus (eye tracking), and walk-and-turn are effective in determining sobriety. Yet, California law enforcement officers often continue to use other tests, now known to be of little use.

Second, even a sober person can have trouble "passing" field sobriety tests. This is particularly the case when the person is nervous or suffers from physical problems or disabilities.

Third, the tests are administered roadside under less than controlled conditions by a police officer whose subjective opinion alone determines whether the motorist has "passed" or "failed."

Refusing the sobriety tests offered at the scene is to be distinguished from refusing to take a chemical test at the station, if the officer decides (after you refuse the FST's) he wants to take you down to the station to get a sample. If subsequently convicted of driving under the influence, after refusing a chemical test at the station (blood, breath, or urine), the court will consider additional jail time and your license will be suspended for one additional year. It is know as the "implied consent" law. If you are licensed to drive in California, you are duty-bound and impliedly consent to a chemical test to determine if you are under the influence.

If you are arrested on suspicion of DUI and are over 21 you should politely and courteously refuse to take the roadside sobriety tests then contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990.