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WHAT DOES SUMMARY PROBATION MEAN?
December 30, 2016

PROBATION CONTRACT Probation is a contract between a person convicted of a criminal offense and the court by which the court agrees not to impose the maximum sentence allowable for a crime in exchange for the convicted individual’s promise not to violate rules imposed by the court over a certain period of time. For DUI’s the law provides that if probation is imposed it must not be shorter than three years and not longer than five years. SUMMARY PROBATION “Summary Probation” is a very informal way of monitoring a person who is on probation. The court usually requires a person… Read More

WILL DELAYING A BREATH OR BLOOD TEST EFFECT A DUI CASE?
December 16, 2016

DUI SCIENCE BASED Much of driving under the influence law is science driven. It is very different from other criminal law which is predominately based on making certain conduct illegal without the use of science. For instance, whether a theft is committed is not based upon science. Instead, it is based upon mere observation as to whether a certain object was taken from the owner without the owner’s consent. It is based upon common sense. DUI laws, however, are purely science based. For instance, Field Sobriety Tests were designed on the science of impairment as shown by decreased motor skills… Read More

IS THERE A VEHICLE THAT YOU CAN OPERATE WITH A SUSPENDED LICENSE?
December 16, 2016

SUSPENDED LICENSE When a person has a license suspension for a DUI, or other matter, the first thing the person tries to do is minimize the impact of the suspension on his life. In other words, he searches for alternative means of transportation. Sometimes the person is left to rely on third parties. Other times, especially due to scheduling and geographic inconveniences, the person looks for different vehicles that he can operate. When looking for a different type of vehicle the person many times assumes that the license suspension only applies to automobiles. MOTORCYCLES Does the license suspension apply to motorcycles?… Read More

IF ARRESTED FOR DUI DRUGS WILL DMV TAKE YOUR LICENSE?
November 4, 2016

DUI DRUGS INCREASE Due to the increase of officer training focusing on arresting for drug related driving under the influence, the California Department of Motor Vehicles (“DMV”) has had a uptick in referrals for drug related DUI arrests.  Typically, when it comes to DUI suspensions the DMV has jurisdiction for alcohol related suspension when a person is over 21 years old and has a .08 blood alcohol content (“bac”) or greater; or if the person is under 21 years old with a .01 bac. There are also suspension actions when a person is over 21 years old and has a… Read More

SO THE DMV SAYS YOU’RE A NEGLIGENT OPERATOR AND TOOK YOUR LCENSE
October 21, 2016

OTHER DMV ACTIONS Typically people reach out to DUI attorneys when they have been arrested or detained for driving under the influence. There are firms, such as ours, that focuses on DUI representation – both in court and before the Department of Motor Vehicles (DMV). However, there are other actions that the DMV can take against a person’s license for matters that are not necessarily related to DUI. NEGLIGENT OPERATOR One type of hearing that most people have never heard of is the DMV Negligent Operator Hearing. The DMV typically will conduct a Negligent Operator Hearing if there is a… Read More

WHAT IF YOU ONLY WANT TO GIVE URINE?
October 17, 2016

SUBMIT TO CHEMICAL TEST As most people know when the police pull people over one of the first things they ask for is a license, registration, and proof of insurance. During most stops, the person after being identified is cited for some sort of traffic offense. However, if the police stop turns into a DUI investigation the police officer will ask many more questions. The officer will ask you questions regarding what you ate or drank recently, when the last time you slept, how long you slept, where are you going and where are you coming from. The officer will also… Read More

DIVERSION FOR ACTIVE MILITARY AND VETERANS TO PREVENT A DUI CONVICTION!
September 9, 2016

The goal of the criminal justice system is not always to punish the offender in order to prevent reoffending. Many times, however, courts focus on rehabilitating the criminal defendant as a means to prevent reoffending. The California criminal courts have had various diversion programs that have been used as a tool to help rehabilitate such individuals. Diversion programs are implemented either before a person pleads to a criminal charge or after the plea. If the person successfully completes counselling (or other court requirements), the court will dismiss the charges against the defendant. The courts are satisfied that the defendant is… Read More

DO YOU HAVE TO COOPERATE WITH THE POLICE WHEN STOPPED FOR A DUI?
September 2, 2016

Being stopped by police can be a very unnerving situation. The flashing red and blue lights alone can cause someone to panic. The panic can be extreme when the person believes that the police officer wants to investigate that person or arrest that person for committing a crime. When panicked while being detained by an officer, one of the hardest things to do is maintain your composure throughout the interaction. However, as difficult as it is to maintain your composure it is good to know your rights and responsibilities when interacting with the police. A person needs to know when… Read More

PROBLEMS WITH SETTING MARIJUANA LIMITS ON DRIVING
August 26, 2016

NOT THE SAME AS ALCOHOL Driving under the influence of alcohol has a “per se” law, meaning “on its face” which creates a presumption that a person is guilty of DUI alcohol if that person has a blood alcohol content (BAC) of .08 or above. The .08 BAC was not arbitrarily chosen. Instead, tests were done to determine how much alcohol in a person’s blood system would cause impairment. These tests take into account that because alcohol is stored in water throughout a person’s body, the level of alcohol would be consistent throughout that person’s body. Alcohol is also absorbed… Read More

CAN YOU BE ARRESTED FOR DUI WHEN SOMEONE DRUGS YOUR DRINK?
July 26, 2016

DRUG DRIVING A PRIORITY Law enforcement and other government officials are making drugged driving a priority. They are concerned that drivers are becoming extremely distracted by the use of handheld devices and ingesting legal pharmaceutical products. What happens, however, if you unknowingly ingest a drug or other pharmaceutical product and are subsequently arrested for a DUI? Does that DUI count against you? PRESCRIPTIONS For instance, what if you take someone else’s prescription and are unaware of the fact that it can impair driving? Will this help you avoid a DUI arrest? Unfortunately it probably won’t due to the fact that… Read More