Currently, the California Department of Motor Vehicles holds administrative hearings to determine if an individual’s driving privilege should be suspended following an arrest for driving under the influence. These proceedings have been taking place for years in California. At the hearings, the Department of Motor Vehicles appoints an employee who acts as both the prosecutor …
California New Misdemeanor Diversion Program
California’s Misdemeanor Diversion Program The new law allows a judge over the objection of the prosecuting attorney to offer diversion to a defendant pursuant to the terms of Penal Code section 1001.95. Those terms can include a number of conditions that the judge deems appropriate under the circumstances, and last for a period of up …
DUI penalties may soon include mandatory ignition interlock devices in California
The program has shown success in Los Angeles, Tulare, Alameda, and Sacramento counties and as a result, Senator Hill looks to expand the program throughout the entire state. In 2010 Assembly Bill 91 was passed which made the installation of an IID a possible punishment for first-time DUI convictions in four counties in California. Offenders …
DUI penalties may soon include mandatory ignition interlock devices in CaliforniaRead More
Can a medical marijuana prescription be used as a DUI defense?
Under California Vehicle Code 23152 operating a vehicle while under the influence of drugs and/or alcohol is against the law. Being charged with suspicion of driving under the influence does not require much; in fact for the most part prosecutors simply have to have a reason to believe that the defendant is guilty of DUI. …
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Rules for Police During a Traffic Stop
Many of us have been there, we are driving along when all of the sudden we spot a law enforcement officer in our rear view mirror. We look at our speedometer, check our mirrors, try to remember if our lights are all working as they should, and then get that touch of anxiety as to …
The Cost of Criminal Conviction
Being convicted of a crime can be an extremely stressful ordeal with both personal and professional consequences. In addition to those consequences, however, there are many costs involved in a conviction that can add up to significant amounts of money. While the old saying goes “If you can’t do the time, don’t do the crime” …
Can you challenge a DUI blood test?
If you are arrested for suspicion of driving under the influence of drugs or alcohol you may be required to submit to a blood or breath test in order to determine your blood alcohol concentration (BAC). DUI testing is often criticized as being inaccurate, particularly when it comes to breath tests. In fact, breathalyzer tests …
New California Law Aims to Reduce Drunk Driving
Assembly Bill 2121, a new legislative proposal in California, would force bartenders to take a class educating them on detecting the signs of inebriation among patrons who have had too much to drink. Assembly Bill 2121 is known as the Responsible Interventions for Beverage Servers Training Act and has been proposed in an effort to …
Common Legal Terms Used in DUI-DWI Cases
Legal terms can be confusing, we understand. There are a number of common DUI and DWI legal terms that can be very helpful to those who have been charged with driving under the influence. Some of the terms refer to the legal process that follows a DUI arrest, while others refer to the arrest itself. …
New California Gun Laws for 2016
New laws relating to gun ownership have taken effect in 2016 including Senate Bill 707 and Assembly Bill 1014 which was signed into law by Governor Brown. These new gun laws are an effort to further tighten California firearms restrictions even as California’s are among the strictest in the nation. Senate Bill 707 amended parts …