Criminal Law

.05 BAC as the New Legal Standard?

Posted on May 20, 2013
The National Transportation Safety Board has called on all 50 states to reduce the allowable blood-alcohol concentration by more than a third, to 0.05 percent from 0.08 percent. The recommendation was one of 19 made in a safety report released by the Board Tuesday after a year-long investigation into the problem of substance-impaired driving...

Stoned Politics? Senator Correa's SB 289 Zero Tolerance Drugged DUI Law

Posted on February 25, 2013
"Driving under the influence of illegal drugs is dangerous and cannot be tolerated. Creating a zero tolerance drugged driving policy will equip law enforcement with the tools needed to keep our communities and roads safe.? This above quote comes from California State Senator Lou Correa...

Safety Checks on Capital Punishment

Posted on September 14, 2012
One of the worst fears in the criminal justice system is that a person would be wrongly put to death. Consequently there are a series of safety checks on capital punishment in California. One is that in a capital case, the jury must be the one to decide whether the defendant receives the death penalty or life in prison without parole...

Destroying Evidence Can Land You in Hot Water

Posted on September 13, 2012
On one hand, criminal defendants bear no affirmative duty to come forward with evidence that would incriminate themselves. It?s the job of cops and prosecutors to find that stuff. But purposely destroying that evidence is another story. Penal Code 135 - California?s law against destroying evidence - makes it a crime to do so if you know the evidence is the subject of an investigation or legal proceeding...

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Offering False Evidence is a Bad Idea

Posted on September 12, 2012
We all know that it is perjury to give false testimony under oath, a serious crime. What some people don?t realize is that it?s also a crime to present any fictitious evidence in a legal proceeding. Stated in California Penal Code 132, the crime of offering false evidence makes it illegal to present any false written evidence - if your purpose is to deceive the court into believing it to be true...

Police On the Lookout for DUI's On the July 4th Holiday

Posted on July 05, 2012
The July 4th holiday is a time for many to barbeque, light fireworks, and to spend time with their family and friends. However, the July 4th holiday tends to be one of the heaviest days of the year for DUI arrests. As a result the Los Angeles Police Department (LAPD) will be ramping up DUI sobriety checkpoints and DUI saturation patrols for the July 4th holiday period...

Civil Compromise in California Hit & Run Cases

Posted on July 03, 2012
If you are charged with a Hit and Run under California Vehicle Code 20002(a), one of the options you should think about having your lawyer pursue is what is known as a "Civil Compromise". A civil compromise allows the parties to agree to dismissal upon monetary compensation for reasonable damages...

Exceptions to IID Installation Requirement

Posted on July 02, 2012
If you are convicted of any DUI-related offense in California a judge can order you to install an Interlock Ignition Device (IID) onto your vehicle. IID?s are essentially mini-breathalyzer instruments installed onto your vehicle that prevent your vehicle from operating unless they are given an alcohol-free¬ breath sample...

Will a California DUI Arrest Trigger Jail Time?

Posted on June 28, 2012
When people get arrested for drunk driving, usually their most immediate and pressing question is whether they will have to do jail time for a California DUI. That is, additional jail time beyond the night they spend in jail upon getting arrested. The answer is usually no...

Proposed DUI Bill Threatens to Crack Down on Marijuana Users

Posted on June 11, 2012
A new DUI bill being, introduced by Assembly woman Norma Torres, D-Chino, could bring harsh consequences to marijuana users in California. The bill would criminalize driving with any amount of marijuana in one?s blood or urine. The controversy around this bill centers around the fact that marijuana compounds can remain detectable in one?s body for up to 30 days from the last use of the substance...

What Do You Have the Right to Remain Silent About?

Posted on June 08, 2012
One of the most common questions DUI clients ask me is, ?What if they didn?t read me my rights?? This question is generally posed in a way that clearly suggests that the client believes he or she has their smoking gun to get out of the problem they have recently got themselves into...

Adult Film Star Jenna Jameson Arrested Under Suspicion of DUI

Posted on June 07, 2012
Former Adult film Star Jenna Jameson was arrested early Friday morning under suspicion of California driving under the influence (DUI). Police were called to the scene in Westminster, California after Jameson reportedly crashed her Range Rover SUV into a light post...

Los Angeles Police Department to Increase DUI Checkpoints for Cinco de Mayo Holiday

Posted on May 03, 2012
For many, Cinco de Mayo is a time to gather with coworkers, friends, and family for margaritas and to celebrate an important cultural holiday. However, law enforcement agencies are beefing up DUI saturation patrols and California DUI sobriety checkpoints to stop, test, and arrest drivers they suspect of being under the influence...

Lindsay Lohan Goes To Jail for Violating Misdemeanor Probation in California

Posted on November 03, 2011
To understand the consequences of violating misdemeanor probation in California, just look at the Lindsay Lohan case. Today the actress was sentenced to 30 days in county jail for failing to fulfill probation conditions imposed in connection with her conviction for misdemeanor grand theft...

"Open Container" Laws Usually an Infraction in California

Posted on September 16, 2011
Found in Vehicle Code Sections 23221 to 23229, California open container laws make it illegal to have an opened alcoholic beverage in the passenger compartment of a motor vehicle. More specifically, the laws prohibit: drinking in a car, possession of an open container in a car, storing open containers in a car, and storing open containers in a trunk...

Injured in a DUI? Understand the Difference between the California Victim Compensation Program and Victim Restitution

Posted on August 31, 2011
Victims who are injured in a DUI are entitled to compensation for their losses, such as hospital bills, car damage, loss of wages, etc. But the money to repay these losses comes from two different sources ?the offender or the California Victim Compensation Program...

Why It Pays to Fight Your California DUI... and to Hire a Private DUI Attorney

Posted on August 26, 2011
Jamie Pressly?who was arrested back in January for DUI after allegedly driving with a .22 BAC?has plead ?no contest? to the charge and will not serve any jail time. This is a perfect example of why it is so important to remember that there are always ways to beat a California DUI charge?even in the face of what appears to be damming evidence...

California Cops to Beef Up DUI Sobriety Checkpoints and Saturation Patrols Through Labor Day

Posted on August 19, 2011
As the summer is coming to an end, law enforcement agencies are beefing up their DUI saturation patrols and their California DUI sobriety checkpoints tonight through Labor Day weekend. Here are the latest California DUI sobriety checkpoints that are scheduled for this weekend...

California DUI Defense ? What NOT to Do

Posted on July 28, 2011
While it?s true that a good California drunk driving defense attorney can spin almost any DUI case in a positive light, there are definitely some moves that make this challenge more difficult. Take, for example, the following case as an example of how to make your California DUI defense less than promising...

Daniel Baldwin's Wife Convicted of a California DUI Probation Violation for Drinking

Posted on July 21, 2011
Joanne Baldwin, wife of actor Daniel Baldwin was sentenced to ten days in jail for violating her DUI probation?for drinking alcohol. California DUI probation always includes a condition that you not drive with any measurable amount of alcohol in your system but it only sometimes includes a condition that you must completely abstain from drinking alcohol...

Rodney King Arrested for California DUI? Again

Posted on July 13, 2011
Riverside Police stopped Rodney King yesterday afternoon near the Moreno Valley Town Center after reportedly watching him commit ?multiple violations? in his 1994 Mitsubishi. They ultimately arrested him for driving under the influence, although they did not report the results from a breath test nor state what substance they believed he was allegedly on at the time of the arrest...

Aiding and Abetting a DUI?

Posted on July 12, 2011
In California, you can be convicted of aiding and abetting anytime you encourage, facilitate or aid another person in the commission of a crime regardless of how insignificant your role. But aiding and abetting is not a crime unto itself. When the prosecutor believes that you are guilty of aiding and abetting a crime, he/she charges you with the underlying crime and proceeds on the theory that you aided and abetted the perpetrator...

Ex-Los Angeles Lakers Announcer Spero Dedes Popped for DUI - Attorney Claims Illegal Stop and Arrest

Posted on July 06, 2011
Spero Dedes, the 32-year-old former Los Angeles Lakers? announcer was arrested Sunday morning in the Hamptons. His lawyer made the following statement: ?We anticipate a complete dismissal of the charges due to problems surrounding Mr. Dedes? traffic stop and ultimate arrest...

Why You Should Fight Your California ?Driving Under the Influence of Drugs? Charge

Posted on July 05, 2011
As is most often the case with a holiday weekend, California law enforcement officers stepped up their patrols this past weekend. Not only were they operating a number of DUI / driver?s license checkpoints but they were also engaging in roving DUI saturation patrols...

California DUI Checkpoints 4th of July Weekend 2011

Posted on June 30, 2011
Here?s what we know so far about the upcoming California DUI checkpoints for this 4th of July 2011 holiday weekend. You can always call the local law enforcement agency a couple of hours prior to the sobriety checkpoint?s start time to find out more information...

Attention Parents: California Police May Interrogate Your Child In Your Absence Following a DUI Arrest

Posted on June 27, 2011
With the end of school, the fourth of July and summer parties comes underage drinking and driving. Being arrested is a scary experience for anyone. And if it?s scary for an adult, imagine how much more so it must be for a child. Obviously, no one wants to receive a call that his/her child has been arrested for DUI...

Can You Text: S.T.I.N.G.?

Posted on June 24, 2011
Glendale drivers got an unpleasant wake-up call last week. Over 70 drivers were slapped with tickets for texting or talking on a cell phone while driving. The citations were issued as part of a ?distracted driver? sting operation conducted by Glendale police officers...

San Fernando Valley DUI Checkpoint Arrests Are Prosecuted at the Van Nuys Courthouse

Posted on June 17, 2011
The Los Angeles Police Department is notorious for conducting DUI checkpoints throughout the San Fernando Valley. Many people incorrectly believe that if they are arrested at a checkpoint, there is no point to fighting the case. And do you know what? Many people couldn?t be more wrong! The fact of the matter is that checkpoint arrests are very defensible...

Arrested for a DUI on the Westside? Why You Need an LAX Airport Courthouse DUI Attorney

Posted on June 17, 2011
If you are arrested for driving under the influence on Los Angeles?s ?Westside??that is, Santa Monica, Venice, El Segundo, Century City or Culver City?your case will most likely be assigned to the LAX Airport Courthouse. And whether your DUI arrest stemmed from a checkpoint stop, a traffic accident or a simple moving violation, if you?re going to appear in that court it ALWAYS helps to have an attorney who regularly defends DUI cases at the LAX Airport Courthouse...

New Bill Introduced to Regulate California DUI Sobriety Checkpoints

Posted on June 06, 2011
Assemblyman Michael Allen of Santa Rosa has proposed a new bill (AB 1389) that would eliminate the current practice of impounding vehicles for unlicensed drivers stopped at California DUI sobriety checkpoints if the cars could be moved to a safe location or released to a licensed driver...

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