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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

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

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

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

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

Paramedics and police were recently dispatched to a home near Mountain Pride Park to investigate reports of an injured child. When they arrived on the scene, responders found a boy in need of immediate and significant medical attention.  The boy’s parents, a Navy sailor and his girlfriend, were questioned and subsequently arrested on suspicion of child abuse. If charged, the sailor and his girlfriend could face serious consequences, including time in prison, probation, and even loss of the custody of their son. California is tough on crime. This is especially true when children are the victims of those crimes. Studies… Read More

Plaintiffs are allowed to sue defendants for injuries in class action lawsuits. These injuries might have been caused by actions or inactions. With any type of litigation, there are advantages and disadvantages to suing for injuries using class action lawsuits. Any potential class member should be aware of these so that they can determine how to best protect their right to compensation. Advantages of Class Action Lawsuits Reasons why it might be advantageous to file a class action lawsuit include: Lowered litigation costs – Costs of suing are shared among all plaintiffs. This allows the group to share expenses with… Read More

The complex and large economy of the United States perhaps provides the broadest potential for services and products in history, however these opportunities also bring along with them risk of theft, fraud and scams.  The principle of “buyer beware” is still applicable, just as it has been since commerce first began.  However, in today’s economy, a consumer may fall victim to a debt collector, a bank, a seller or services or goods, or any other business taking advantage of the position that it holds for engaging in fraud or deception.  We have developed ways, both in the form of state… Read More

In addition to the fines and criminal penalties, a person arrested for DUI may face the loss of their job. Whether you lose your job, or not, depends on several factors, including the type of job you have and your employment terms. Sometimes there are policies in place that determine whether or not you will keep your job.  To be able to sue your employer for firing you, you have to establish that you were wrongfully terminated (view cooperemploymentlaw.com for more about wrongful termination laws) and that your employer violated your rights by firing you. Employment Contract Some employers include… Read More

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