Criminal Law

CHP Now Has Video Cameras in Patrol Cars

Posted on March 30, 2011
The California Highway Patrol recently purchased 1900 patrol video camera recording devices of their fleet of patrol vehicles. They have been installed in the majority of their patrol vehicles and are currently is use. The system is the WatchGuard DV-1 digital in-car video system...

California DUI Checkpoints Require Advanced Public Warning ? So Why All the Buzz?

Posted on March 25, 2011
There?s an old saying that there is no such thing as bad publicity. That was certainly the case for the maker of a recent Smartphone app that alerted drivers to DUI checkpoints. Once a handful of Senators publicly called attention to the app by calling it a ?menace to road safety?, sales went through the roof...

Why It?s So Important to Remain Silent During and Following a California DUI Arrest

Posted on March 24, 2011
Adam Kennedy, the Mariners? second baseman, was officially charged with two counts of driving under the influence today stemming from his January 2011 arrest in Orange County. The Orange County District Attorney?s office filed one charge for driving under the influence and a second charge for driving with a blood alcohol concentration of 0...

If You're On DUI Probation in California, Don't Drink and Drive

Posted on March 18, 2011
One of the basic California DUI probation terms that is imposed in connection with a DUI sentence is that the defendant not drive with any measurable amount of alcohol in his/her system. Another routine term that is imposed is that the defendant not drive without a valid driver?s license...

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Arrested for Drunk Driving on St. Patrick?s Day? All the More Reason to Fight Your DUI!

Posted on March 17, 2011
St. Patrick?s Day is notorious for triggering a large number of DUI arrests. Party-goers fill bars, ?pubs? and clubs and basically drink themselves silly. Add to this the fact that it?s the first day of March Madness and sports bars will be packed as well...

Woodland Police Sergeant Arrested for Violating California DUI Laws

Posted on March 11, 2011
A Woodland Police Sergeant was arrested earlier this week for violating California?s DUI laws. The 25-year Woodland Police veteran was reportedly driving his motorcycle when he was stopped and promptly arrested for driving under the influence. He is currently on paid administrative leave pending further investigation...

Christina Aguilera Arrested for Being Drunk in Public; Boyfriend Arrested for DUI

Posted on March 04, 2011
Earlier this week, Matthew Rutler (25) was arrested in West Hollywood, CA on suspicion of DUI. No details about the DUI arrest have been released except for the fact that the car Rutler was driving was allegedly being driven erratically. In fact, the only reason this arrest got any media attention was because Rutler?s passenger that night was his girlfriend, singer Christina Aguilera...

California DUI Checkpoints February 25th-27th 2011

Posted on February 25, 2011
Here are the latest published California DUI checkpoints for the weekend of February 25th ? 27th. Important to note is the fact the officers conducting California DUI checkpoints are not only looking for intoxicated drivers but for unlicensed drivers as well...

Santa Barbara Judge May Declare that California DUI Checkpoints are Illegal

Posted on February 25, 2011
A Santa Barbara Superior Court Judge is being asked to rule that California DUI checkpoints are being illegally operated. The arguments will be heard next Wednesday. If the Judge determines that this is the case, it will not only change how California DUI checkpoints are operated in the future (if at all), but will likely result in a number of DUI convictions being overturned where the arrests were made at these sobriety roadblocks...

Some Commonly Overlooked Yet Effective DUI Defenses

Posted on February 18, 2011
There are a number of popular legal defenses to fight California DUI charges. Some of these are used so routinely that it is almost as if they are argued without regard to the specific facts of one?s case. Yet a skilled California DUI attorney would be performing his/her client a disservice if he/she didn?t at least address these issues, since they are, in fact, legitimate claims...

DUI of Marijuana, Possession of Marijuana and Driving While in Possession of Marijuana

Posted on February 09, 2011
Let?s say that the cops pull you over and see that you have a half-smoked joint on the floor board of your car. They assume you?ve been smoking and conduct an investigation to see if you?ve been driving under the influence of marijuana. Even if they conclude that you were not, they will probably still cite you for violating California?s possession of marijuana law...

Driving Under the Influence of Drugs Disqualifies You from Proposition 36

Posted on February 02, 2011
Proposition 36 (?Prop. 36?) is a California drug diversion program. It allows nonviolent drug offenders the opportunity to participate in drug rehabilitation instead of being incarcerated. The biggest benefit of Prop. 36 is that once you have successfully completed the program, your drug charges are dismissed...

Even if You Have a Valid Prescription, Driving Under the Influence of Vicodin is a Crime in California

Posted on January 27, 2011
Hydrocodone?more commonly referred to as ?Vicodin??is a commonly prescribed drug in California and throughout the world. It is typically combined with Tylenol and is used (1) to treat mild to moderate pain, and (2) as a cough suppressant. Because its use is so common?and legal when administered pursuant to a valid prescription?many people don?t think about the fact that driving while taking hydrocodone may nevertheless be illegal...

Driving Under the Influence of PCP can Result in Additional California Charges Involving PCP

Posted on January 18, 2011
If you are arrested for driving under the influence of phencyclidine (?PCP?) chances are that prosecutors will likely charge you with some additional California PCP-related charges as well. Depending on the circumstances, these may include charges for possession of PCP, possession of PCP for the purpose of sale and/or transporting PCP...

California Field Sobriety Tests Set You Up To Fail

Posted on January 13, 2011
California field sobriety tests (?FSTs?) essentially set you up for failure. These so-called ?tests? are designed to help law enforcement officers determine whether a suspect is driving under the influence. The problem is that there are so many different aspects to each test that even the most sober individual is bound to fail...

Actress Jamie Pressly Arrested for Violating California?s Driving Under the Influence Law

Posted on January 07, 2011
Late Wednesday night, ?My Name is Earl? star Jamie Pressly was arrested in Santa Monica on suspicion of violating California?s driving under the influence law. Although very few details have been reported, there were apparently no aggravating circumstances?no accident, no speeding, no child in the car, no drugs in the car, etc...

DUI Task Forces on the Lookout - DUI Defenses Abound

Posted on December 23, 2010
As Christmas and New Year?s Eve approach, California law enforcement officials will be conducting DUI saturation patrols, operating DUI / sobriety / driver?s license checkpoints, and on the lookout in general for people who are driving under the influence...

Hospitals Illegally Charging DUI Offenders for Blood Draws

Posted on December 21, 2010
When you are arrested for a DUI you have the choice of a breath or blood test, and these tests are to be administered to you at no cost. However, many southern California hospitals are sending bills in the neighborhood of $300 to those persons that were arrested for DUI and elected the blood test...

When a California DUI is Considered a Violent Felony

Posted on December 14, 2010
California law classifies certain crimes as ?violent felonies?. If you are convicted of a California violent felony, that conviction counts as a ?strike? under California?s three strikes law. If, after receiving a strike, you are subsequently convicted of any felony offense, your punishment on that offense will be double what it otherwise would have been...

Convicted of a DUI? Maybe You Want to Explore Filing a California Appeal

Posted on December 03, 2010
First off, let me say that not everyone who has been convicted of a California DUI should plan on filing an appeal. The California appellate process is very limited and only deals with specific legal issues. This means that unless your DUI case involves one of these issues, an appeal will be fruitless...

Arrest Warrant Issued for Actor Gary Collins

Posted on December 01, 2010
Gary Collins?a two-time DUI offender?was due in a Los Angeles Court for a progress report. Sources say that if he had appeared as scheduled, the judge would have terminated his probation that stems from a 2007 driving under the influence conviction. But because Collins did not appear for court, the judge issued a $100,000 California arrest warrant instead...

Choosing Your California Appeals Attorney

Posted on November 30, 2010
When it comes to appealing your driving under the influence conviction, you don?t want to hire just anybody. California appellate law is a technical and complex field that requires an attorney who not only knows how to play this unique game but who also knows how to win it...

Californians Beware of Heightened DUI Patrols this Thanksgiving Weekend

Posted on November 24, 2010
Holiday weekends are notorious for yielding high DUI arrests. Especially here in California, where 2010 was labeled ?the year of the checkpoint.? Officers are out in full force on the lookout for drivers who appear to be under the influence. This holiday weekend is a little different...

The Chances of Overturning Your California Conviction on Appeal

Posted on November 17, 2010
You?ve been convicted of driving under the influence?a conviction which, you believe was unfair. Is it worth it to file an appeal? What are the chances of overturning your California conviction on appeal? First off, let me say, honestly, that your chances of overturning your California conviction on appeal depend in large part on your California appeals lawyer...

Thinking to Appeal Your DUI Conviction? California Appellate Law Requires You to Act Fast!

Posted on November 16, 2010
If you believe that you or a loved one is the victim of an unjust conviction and/or sentence, listen up?California appellate laws have very strict timelines and deadlines for appealing a California conviction. If you have been convicted of misdemeanor DUI?and you wish to appeal your conviction and/or sentence?you only have 30 days to file your appeal according to the timelines and deadlines that govern California appeals...

Grounds for Filing a California Misdemeanor Appeal

Posted on November 10, 2010
The fact that you believe you were unfairly convicted for driving under the influence may or may not provide grounds on which you may file a misdemeanor appeal in California. If you think the cops harassed you, were too hard on you, that the jury didn?t like you or your lawyer?these are, unfortunately, not legitimate reasons for filing a misdemeanor appeal...

Why Your California DUI Attorney Would File a Motion to Suppress

Posted on November 05, 2010
There are a number of reasons why your California DUI defense attorney would want to file a Penal Code 1538.5 PC motion to suppress evidence?they just depend on the circumstances of your arrest. If you believe the cops didn?t have probable cause to pull you over in the first place, your attorney could file a motion to suppress any evidence that the police collected as a result of that illegal stop...

The Relationship between a DUI and California's Victim Restitution Laws

Posted on November 02, 2010
California?s victim restitution laws provide that any person who suffers an economic loss due to another person?s criminal act is entitled to recoup those expenses. This means that if you are arrested for driving under the influence?and the incident involves an accident?California law may require you to pay victim restitution...

Even DUI Offenders Are Eligible for Electronic Monitoring

Posted on November 01, 2010
Electronic monitoring is a sentencing alternative to jail or prison. California?s electronic monitoring programs allow certain defendants to serve their time on house arrest rather than being incarcerated. And even defendants who have been convicted of a California DUI could be eligible for this type of alternative sentence...

Parents Beware ? California's Child Endangerment Law Could Turn Halloween Into a Nightmare

Posted on October 29, 2010
With Halloween approaching, many parents will take their children to costume parties. Many parents will consume alcohol while their kids partake in their party games. After trick-or-treating, these families will drive back home to end their night. But beware?if you drink, have your spouse / significant other drive home...

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