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California Gets Tough Again On Convicted DUI / Drunk Drivers

Oct 20, 2010 — by Myles L. Berman | Comments (0)
Tags: California Dui Laws Prior Dui Offense Drunk Driving Arrests

At the end of September, 2010, Governor Schwarzenegger signed into law AB 1601 which will now allow judges to revoke for up to 10 years a convicted DUI / Drunk Driver who has at least 2 prior DUI / Drunk Driving convictions within 10 years of a third DUI / Drunk Driving conviction. The is California's version of 3 Strikes and Your Out . The bill was sponsored by Assemblymember Jerry Hill of San Mateo. In January, I debated Assemblymember Hill on this bill. See the link KABC AM 790 TALK RADIO Peter Tilden Podcast Part 1 Top Gun DUI Defense Attorney Myles L. Berman discusses proposed 3 strikes DUI law with Peter Tilden and California Assemblyman Jerry Hill; and KABC AM 790 TALK RADIO Peter Tilden Podcast Part 2, Top Gun DUI Defense Attorney Myles L. Berman discusses proposed 3 strikes DUI law with Peter Tilden and California Assemblyman Jerry Hill; both found at www.topgundui.com/about/in-the-news/.


National Trend To Charge Murder In DUI / Drunk Driving Cases

There has been a growing trend nationally to charge drivers with murder when a death occurs as a result of a driver who is arrested in a DUI / Drunk Driving case. Some years back, a prosecutor put forth a theory that if the driver knows or should have known of the risk of driving under the influence of alcohol, is grossly negligent in the way the vehicle was driven and a death occurs as a result, then the jury can infer the driver had the requisite malice to find the driver guilty of murder. One way to show the driver knew or should have known of the risks is if there was a prior conviction for DUI / Drunk Driving where the driver attended an alcohol program and was taught about the dangers of DUI / Drunk Driving.