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WHAT HAPPENS IF YOU GET ARRESTED FOR DUI IN CALIFORNIA BUT YOU WERE NOT DRIVING A CAR?
May 11, 2015

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

What Are The Causes Of Birth Injuries?
May 10, 2015

A birth injury is an injury that an infant sustains during birth or prior to birth. Injuries of this nature can have devastating effects on not only the newborn but their family as well. Birth injuries can sometimes occur naturally due to genetics or other factors, but there will be times that a birth injury is caused by a malpractice. When a medical professional makes a mistake during a woman’s gestational period of during the actual birth, an infant can endure permanent damage. Parents who have to raise a child with a debilitating condition will be faced with many obstacles.… Read More

Plastic Surgery Malpractice In Orlando
May 1, 2015

A person who undergoes a plastic surgery, sometimes referred to as plastic surgery, expects a certain result from the procedure. A person may want to change their appearance or they may have suffered an injury that caused them to become disfigured, making them consider plastic surgery. Under these circumstances, plastic surgery is usually demanded. No one wants to feel indifferent with a disfigurement that they may have, although many people live happy with disfigurement. What is plastic surgery? It is an operation done to alter a person’s physical appearance like nose jobs, face lifts, tummy tucks, among others. A person… Read More

CAN A GOLFER GET A DUI ON A GOLF CART?
May 1, 2015

A GOLF CART IS A VEHICLE In the state of California, an individual only needs to drive a motor vehicle while under the influence of alcohol or any intoxicating substance. Some may argue that a golf cart is not a motor vehicle. Instead, it is just a battery operated conveyance that easies the movement around the greens and therefore it should not be treated in the same light as a car. I agree with the logic of the argument; however the conclusion is problematic for several reasons. One reason is that California law basically applies DUI laws to any form… Read More

WHAT IS DUID?
April 10, 2015

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

DOES THE WEATHER EFFECT DUI ARRESTS?
March 30, 2015

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. First, let’s examine sunny weather. 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… Read More

OK TO PLACE A SIGN IN WINDOW AT A CALIFORNIA DUI CHECKPOINT REFUSING TO COMPLY?
March 5, 2015

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

DUI With A Commercial License
February 17, 2015

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 get to the grocery store? Who will pick the kids up from daycare? What to tell fellow carpoolers when you’re not pulling your weight? 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… Read More

WILL CALIFORNIA ABANDON THE USE OF DUI CHECKPOINTS?
February 2, 2015

Traffic in any major city can be a nightmare.  The bumper to bumper 5mph on the streets; 15 mph on the freeways can take a toll on anyone’s patience.  There is nothing worse than being stuck on the same city block for one half hour to find out that the source of the delay is a DUI checkpoint.  Not an accident or construction – but law enforcement officers wanting to search people to see if they are driving impaired.  There are more law enforcement searches today than any other time in US history. In 1984, California began implementing sobriety checkpoints… Read More

SHOULD YOU EXPUNGE A DUI CONVICTION?
January 21, 2015

An Expungement is a petition made to the criminal court (usually the sentencing court) requesting that the conviction be removed from your record and the underlying charges be dismissed. The judge has the discretion to determine whether he or she would like to grant or deny a petition for an Expungement of a DUI conviction. An Expungement only applies to the criminal conviction. It does not apply to any suspension issued from the DMV. So, if a person is successful in having the criminal conviction expunged in court that person may still have the DUI on his or her DMV… Read More