What are some common misconceptions people have about the DUI process? People do not understand the licensing consequences, and the fact that there are two separate proceedings (the administrative proceedings and the court matter). People do not understand how important the DMV process is in terms of preparing for the criminal case. People do not …
Assault With a Firearm in California
California Penal Code section 245 addresses several forms of aggravated assault, including assault with a firearm. A person can potentially be charged even when no shot was fired and no one was physically injured. However, the prosecution must prove each element of the offense beyond a reasonable doubt. What Is Assault With a Firearm? Under …
Fresno officer investigated for alleged vehicle theft
A Fresno police officer is suspected of auto theft or being in possession of a stolen vehicle, according to search warrant documents filed in Fresno County Superior Court. The Fresno Police Department began investigating Alfred “Al” Campos, 38, on Jan. 28 after he took his pickup truck to Michael’s Cadillac on North Blackstone Avenue. A …
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California Distracted Driving Laws
The U.S. Department of Transportation has been leading the effort to stop texting and cell phone use behind the wheel. The organization has successfully banned cell phone use and texting for commercial drivers, encouraged states to adopt tough laws, and launched several campaigns to raise public awareness about the issue. The website distraction.gov is the …
Challenging Field Sobriety Tests
If you have been arrested on suspicion of driving under the influence (DUI), a defense option available to you may be challenging the results of your field sobriety test (FST). In many DUI cases your performance during a field sobriety test is often the main piece of evidence against you. However, field sobriety tests are …
Fresno driver shouldn’t be ticketed for using map app, court rules
A Fresno appellate court on Thursday tossed out the conviction of Steven Spriggs, who was given a ticket for using the map feature on his iPhone 4 in heavy Fresno traffic. The Fifth District Court of Appeal concluded the vehicle code applies to listening and talking on a cell phone while driving — not looking …
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What to do if pulled over for drunk driving
If you have been stopped for suspicion of driving under the influence it is important that you know your rights so that you can be better prepared to deal with the stressful situation. Generally, during a traffic stop that takes place in the evening an officer will ask whether you have consumed alcohol. In most …
California Drug Diversion Programs
For many qualifying personal-use drug offenses, Penal Code section 1000 now provides a form of pretrial diversion. Rather than immediately proceeding toward conviction and sentencing, an eligible defendant may have the criminal case temporarily suspended while participating in an approved program. If diversion is successfully completed, the charges can be dismissed. However, eligibility is not …
Receiving Stolen Property
In California it is against the law to receive stolen property, prohibited under Penal Code 496 PC. It is considered a crime to buy, sell, receive, conceal, or withhold property which you understand to be stolen. In receiving stolen property cases typically the person who committed the theft will be charged with a theft offense …
Firefighter handcuffed at California crash scene
CHULA VISTA, Calif. — A firefighter responding to a Southern California crash site was handcuffed and held in a patrol car for failing to move a fire truck immediately after police asked him to. U-T San Diego reports crews were helping victims after a car overturned Tuesday night on Interstate 805. One person was taken …