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After running a successful law firm for many years here in South Lake Tahoe, Bill Cherry is retiring and giving up the space that William Cherry & Associates has occupied for nearly the last 10 years.  One of his very skilled associates, Lacey Van Etten, who practices primarily in the areas of family law and estate planning, will be staying in the office with me.

I am very excited to be sharing this new office with Lacey.  The ability to serve the Lake Tahoe and Northern Nevada communities with criminal defense, family law, and estate planning all under one roof is a service that I am very happy about.

The building at 2269 James Avenue has a rich history as a law office here in South Lake Tahoe.  Dale Sare bought this building and started his law office here in 1989 (while both Lacey and I were in grade school).  The building has remained a law office ever since with Dale occupying it for most of that time.  After his untimely passing, Bill Cherry moved back into the space that he had earlier occupied with Dale.  For nearly the last 10 years, William Cherry & Associates has carried the torch and maintained an office serving the community for family law, real estate and business law, and general civil litigation.  Lacey has been a part of that office for the last 4 years, primarily handling the family law cases.  She and I are enthusiastically looking towards the future and we are thrilled to have the opportunity to take over an office that has been a fixture of the South Lake Tahoe legal community for nearly 30 years.  Although I never had the opportunity to meet Dale Sare, I continue to only hear the best things about him.  I am truly honored to be in his old office and excited for the years to come!

I am happy to announce that we will be maintaining the phone numbers for my office as well as William Cherry & Associates.  We can be reached at both of these pre-existing phone numbers:

• Spicer Law Office: 530-539-4130
• William Cherry & Associates: 530-543-1890

We will be announcing dates for a ribbon cutting as well as a few other upcoming events.  In the meantime, please feel free to stop by and say hi to us in our new space.  And, please continue to think of us for all your legal needs in the areas of criminal defense, family law, and estate planning.

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SLTPD is teaming up with the El Dorado County Sheriff’s Department (EDSO) and the California Highway Patrol (CHP) for increased DUI enforcement during the St. Patrick’s Day Holiday.  Not only will SLTPD be conducting a DUI checkpoint, there will be extra officers on duty from all law enforcement agencies to conduct extra patrols and look for impaired drivers.  Please use this advance warning and make arrangements ahead of time to ensure that you are not behind the wheel after consuming alcohol.

If you are stopped for suspicion of DUI, the whole investigation and arrest can be very confusing.  I am often asked – “do I have to do field sobriety tests (FSTs)?” or “do I have to blow in the machine?”  In both CA and NV, there are implied consent laws.  Those laws state that upon lawful arrest for DUI, you must submit to a chemical test of your blood or breath.  Failure to comply with that can lead to increased punishments and longer license suspensions.  What is confusing is whether or not the tests before an arrest are required.  The simple answer is – no, tests prior to an arrest, including FSTs, are not required.  If you choose not to participate in field sobriety testing, the officer must decide whether he has enough evidence to arrest you based on what is currently known by the officer (observations of your driving and objective signs and symptoms of intoxication).  If the officer places you under arrest without sufficient probable cause, your attorney may challenge that decision in court and potentially may have the evidence against you thrown out.

For more information about CA DUI or NV DUI, please contact THE LAW OFFICE OF ADAM T. SPICER today.  We offer everyone a free one hour consultation to discuss the facts and circumstances of your case.  DUI law can be confusing with both the courts and DMV involved.  Don’t try to negotiate the complex legal system yourself.  As a Member of the American Association of Premier DUI Attorneys, I can explain not only the complex legal system, but all the potential defenses and laws regarding DUI.

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First, a little background on the situation.  A defendant in a criminal case has the right to call witnesses in their own defense.  The Bill of Rights is actually quite clear on that.  Further, the defendant can use the subpoena power of the court to compel witnesses to attend court.  Of course, if a defendant had to pay witnesses to come to court, then it wouldn’t really be a clear right to call witnesses.  That would not be an issue in civil cases where the Bill of Rights is not at stake, but the right is clear in criminal cases.

Some time ago, the South Lake Tahoe Police Department (SLTPD) decided they wanted to test this right.  It would be quite easy to incarcerate more people if the police couldn’t be forced to testify when called by a defendant.  Some time last year, I served a subpoena on the police department.  I was told the subpoena wouldn’t be accepted without payment for testimony.  Kindly, I said “no thank you” to the request for payment and informed the SLTPD that they had been served.  The case ended up resolving with a plea bargain so the issue was never tested.

Fast forward to January 2016 when I served subpoenas for two officers at SLTPD on behalf of a client.  Once again, I was asked to pay the fee for testimony.  I informed the front desk staff that I was serving subpoenas in a criminal case and no fee was required.  I was once again asked to pay and once again I kindly replied “no thank you.”  I was told that the subpoenas would not be accepted and I refused to take them back.  As I was packing my belongings and walking out, the front desk staff began yelling at me and telling me that “you had better not report to the Court that I have been served.”  While being yelled at, I calmly informed the staff that they are represented by the city attorney and could raise a motion to quash the subpoenas.

After leaving the police department, I contacted the city attorney as a courtesy to warn them about the problem brewing on their hands.  I informed the city attorney that they may want to file a motion to quash my validly served subpoenas and that I would be happy to get this issue before the court so the Judge could give us a ruling on this matter.  I was told the city attorney would look into the matter and get back to me.

After a few days go by without hearing anything, I received a letter from the Chief of Police.  This is by far my favorite part of the story.  Not only does the letter incorrectly cite the law to support the Chief’s incorrect legal position, he goes on to insult me.  The Chief accuses me of wildly flinging papers at his front desk staff and yelling at them.  He called my behavior “rude and unprofessional.”  I am sure those who are familiar with my reputation and the reputation of SLTPD and specifically Chief Uhler are rolling on the floor laughing right now.

Once you are done laughing at the Chief’s outrageous claims, there is more to the story.  Chief Uhler writes in his letter that he is holding the subpoenas and will not deliver them to the subpoenaed officers without the payment his department is demanding.  I took this as a gift.  He actually gave me proof, in writing with his signature, that he is actively interfering with a lawful subpoena (court order).  We have a legal term for the Chief’s actions and that is ‘contempt’.

I replied to Chief’s Uhler’s accusatory and factually incorrect letter to let him know that he is misinformed about the law and his staff is lying to him about the facts of our interchange.  I even cited the law for the Chief to read himself and I let him know that he has an attorney who can file a motion to quash the subpoena on his behalf.  I also informed him that if the Officers are not present in court, I will ask the Judge to enforce the validly served subpoenas and I will ask for contempt sanctions against him personally.  I felt the fair sanction would be for Chief Uhler to pay my hourly rate for all the time I spent on this issue.  And, once again, as a courtesy I sent copies of the Chief’s letter and my reply to the city attorney.

Within hours, I received word form the city attorney that I was 100% correct on the legal issue and the city would not be challenging the subpoenas.  I was further told that the subpoenaed officers would be present in court and the city attorney will hold a training for SLTPD staff to teach them how to read and deal with subpoenas.  I am so happy that the police may actually learn something.  I am very glad to be responsible for the SLTPD staff to have to attend a training.  Although you would think being able to read “civil” vs. “criminal” would be a prerequisite to obtaining a job at SLTPD, that doesn’t seem to be the case and hopefully the training will cover these simple points.

As a champion for due process rights in South Lake Tahoe, any victory no matter how large or small is great for the citizens here and great for the Constitution in general.  Even though this issue was only in one case for one client, the outcome of this issue affects everyone in South Lake Tahoe.  I am happy that I could go to the mat for the people of South Lake Tahoe and the Constitution.  I would do it again in a minute for any of my clients.  My commitment to the Constitution and the Bill of Rights requires no less.

If you have questions regarding your Constitutional rights or you are facing criminal charges in California or Nevada, contact The Law Office of Adam T. Spicer today for a FREE CONSULTATION (530) 539-4130.

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Join Adam Spicer of The Law Office of Adam T. Spicer and Erin Spicer of Tahoe South REALTOR®  at this year’s South Shore Business Expo hosted by the Lake Tahoe Chamber of Commerce.

Date: March 27, 2015

Time: 4:30 PM – 8:30 PM

Location: Harrah’s Lake Tahoe Convention Center

Tickets: $10 pre-sale, $15 day of event

This is the best community event of the year with local businesses showing off their great products and services.   The best part is all the free food and drinks from our tasty local restaurants.  Between The Beacon’s rum runners, Riva’s wet woodys, and Turn 3’s bloody mary’s, the expo is always a great party!

Adam and Erin at the 2014 Business Expo

The Law Office of Adam T. Spicer will be there to make sure you don’t make the wrong decision about driving home after a few drinks.  Visit our booth to get an instant breath alcohol test to know your BAC.

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“Winning DUI Cases” was one of the most informative continuing legal education seminars I have attended in some time.  Although each state has varying laws on DUI and DWI, the officer training is standardized across the country.  This allows defense teams across the country to strategize and educate each other on weaknesses in police cases that are seen across the country.

The National Highway Traffic Safety Administration (NHTSA) is responsible for training and certifying police officers in DUI investigations.  Most officers will receive their DUI Investigations and Field Sobriety Testing NHTSA training in the police academy, though some officers will train at private schools.  NHTSA also trains and certifies officers through six other courses including Drug DUI’s and Drug Recognition Experts (DRE).

A skilled DUI Defense Attorney should know the officer training materials better than the police themselves.  This will allow the defense to use those materials to show the Judge and Jury that almost all DUI arrests are highly flawed according to police standards.  Much of the evidence prosecution teams use is actually evidence that should show a Jury that the defendant was not intoxicated.  And, while many attorneys need to use expensive defense experts to show the flaws in a case, a skilled DUI Defense Attorney should be able to extract all the information necessary from the testifying officer based on his or her training materials.

After completing this full day seminar, I was invited to join the American Association of Premier DUI Attorneys as a Founding Member.  Not only is this a great resource to stay current on the most important DUI trends around the country, this membership provides my office with access to a massive database of materials.  The member database includes access to all current NHTSA training manuals as well as prior editions going back as far as 1980.  No matter what training manual an officer used, I will have access to the material to prepare an effective cross examination.  The database also includes brilliantly drafted defense strategies indexed by DUI topic and numerous DUI and drug related scientific studies (many conducted by NHTSA).

If you or someone you know has been charged with a DUI, call The Law Office of Adam T. Spicer for a FREE CONSULTATION with a premier Tahoe DUI Attorney.  (530) 539-4130

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Please visit the Prop 47 blog post for info on qualifications and procedure.
Call today for a FREE CONSULTATION – (530)539-4130.

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The new South Lake Tahoe office is located at 2197 Lake Tahoe Blvd., Suite 5.  The office is in the Kaelin Haus complex (On Lake Tahoe Blvd. between Tahoe Keys Blvd. and Third Street).  The office itself is in the back of the complex, behind Integrity Locksmith.

Phone number, Fax number, email and website all remain the same.  Please stop by and check out our new space in South Lake Tahoe.

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In Lake Tahoe, July 4th is one of the busiest holidays with crowds flocking to beaches and campsites to take advantage of the beautiful summer weather.  It is also when many celebrate our country’s independence with their favorite alcoholic beverages.   The Law Office of Adam T. Spicer asks everyone to remember to celebrate safely and responsibly.

The Law Office of Adam T. Spicer wants to remind everyone NOT to drink and drive.  Local law enforcement agencies on both the California and Nevada sides of the lake will be out in full force for the holiday weekend.  If you plan to drive, don’t drink.   It’s that simple!   Motorists should expect to see increased DUI enforcement though both roving patrols and DUI checkpoints.  Additionally, the July 4th holiday falls during Operation Dry Water, a nationwide enforcement effort to curb boating while intoxicated offenses.

Additionally, the Truckee river alcohol ban is in effect from July 1-6 along the banks of the river from Lake Tahoe to Alpine meadows. More information can be found by clicking here.

If you or your family or friends have a police encounter or face criminal charges for DUI or any other offense this holiday weekend, please call The Law Office of Adam T Spicer today for a FREE CONSULTATION at (530)539-4130.

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