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If you get a DUI while you’re on probation, it can become a serious charge because it related to violating your probation. Probation violations may result in increasing the amount of alcohol education classes you must attend, additional driver’s license suspensions, increased fines, and the possibility of jail time. A DUI, while you’re on probation, has many consequences including penalties from the DMV and the criminal courts. Probation should not be thought of as a “get out of jail free” card. It is a legal system by which the court clomid for all online lessens certain conviction penalties in return… Read More

Most states, but not all states, use a point system to track careless or dangerous drivers. Points on your driving record can be costly. It can increase your insurance premiums and after a specific number of added points, your license can be revoked or suspended. Reinstating a license can cost you hundreds of dollars in fees and fines. According to mycaliforniadefenseattorney.com, a DUI on your California DMV driver’s record can result in 2 points on your driver’s license. If you get: 4 points in 1 year, or 6 points in 2 years, or 8 points in 3 years then the… Read More

PILOT PROGRAM On July 1, 2010, California implemented a pilot program for four counties – Alameda, Los Angeles, Sacramento, and Tulare – which required that first time DUI offenders to install an IID in their car for a period of 5-months upon conviction of a DUI. Per the Pilot Program, the IID is not required for individuals whose DUI is reduced to reckless driving or other offense. The IID is required for a restricted license. The restriction allows all sober driving so long as the IID is installed and utilized while driving. Ordinarily, a restricted license allows all work related… Read More

TWO MATTERS IN DUI CASES In a typical DUI matter there are typically two different arenas that the matter can be challenged. These are the DMV and the criminal court. (It should be noted that some DMV matters are appealed to a Superior Court on a Writ. However, we will not be addressing that scenario in this blog entry.) The DMV is a civil, administrative matter that deals solely with an individual’s license to drive. The state appoints a magistrate – DMV Hearing Officer – to preside over that hearing. The Hearing Officer is not an attorney. However, the Officer… Read More

SUNNY SOUTHERN CALIFORNIA Here in the mostly sunny Southern California we are waiting for warm and dry weather. Although experts have repeatedly stated we are in a drought we have been recently been drenched with rain. This rainy weather no doubt has decreased the amount of DUI arrests. WARM WEATHER, MORE ARRESTS DUI arrests will likely increase once the weather starts resembling a drought, i.e., long sunny, hot days. This is because there are so many opportunities to go out and party with friends and acquaintances.  Barbecues, beach parties, and outdoor lounges are all venues that provide more than enough… Read More

IT’S NOT JUST CARS When people think of DUI, they usually think of an impaired individual driving a car. However, DUI laws in California apply to vehicles other than cars. Simple examples of these other vehicles include commercial truck or motorcycles. However, DUI laws expand to include a lot of other modes of transportation as well. CREATIVE DUI PROSECUTION It can be said that DUI laws can be applied as creatively as only limited by the creativity of the impaired driver. (No need to research this phrase as I just coined it. Anyway, California focuses on whether the individual is… Read More

Can a person be arrested for a DUID, driving under the influence of drugs, when he or she has only ingested medication that is prescribed by a doctor? The answer is a resounding “yes”. When dealing with DUID based on medication, the law focuses on the nature of the medication consumed and whether is impairs a person’s ability to safely operate a motor vehicle. Common drugs that people take that cause a DUID are various forms of Benzodiazepines (commonly referred to as Benzos) including Ambien, Xanax, Valium, and Ativan, just to name a few. These drugs used to treat many ailments… Read More

Weather can impact DUI arrest numbers in different ways. For instance, it can impact the manner inwhich a DUI will be investigated, whether a police officer will be called to the scene of a DUI, or whether people will commit a DUI. There are many different scenarios in which weather can play a role in DUI defense. More people go out to events during nice weather than bad weather. There are more outdoor concerts, outdoor sporting events, and open air markets, for instance, during the warm dry seasons. Many of these events serve alcohol. Now contrast this with cold weather.… Read More

There are plenty of videos online showing motorists stopped at a checkpoint. Typically the checkpoints are either immigration checkpoints or DUI sobriety checkpoints. The videos are filmed in various states across the United States and are usually intended to show a citizen how to exercise his constitution rights for freedom from unreasonable searches and seizures under the 4th Amendment. What is important to understand, however, is that different jurisdictions are governed by different laws which dictate that jurisdiction’s standard as to what is an unreasonable search or unreasonable seizure. Immigration or border patrol searches are typically governed by Federal law.… Read More

Most people who are convicted of DUI or receive a DUI related license suspension suffer the frustration of trying to figure out how they are going to maintain their lifestyle without driving their car. How to avoid your boss finding out about your DUI? The above problems are compounded if you are a commercial truck driver or required to have a commercial license as a condition of your employment. (For example: firefighter required to drive a fire engine, paramedic required to drive an ambulance, or big rig driver.) . As you will read below, it does not matter if the… Read More