Criminal Law

Mixing California's New Driving Law and Technology: A Recipe for Disaster

Posted on January 11, 2010
One of 2010?s new California driving laws relates to television and broadcast signals. Known as California Assembly Bill 62, this law allows you to drive with a television or video monitor as long as the equipment prevents the driver from watching the screen while operating the car in ?a safe and reasonable manner?...

New California Driving Laws for 2010

Posted on January 07, 2010
As 2010 begins, California drivers face a new set of laws. There are two that deal specifically with California DUI law. The first relates to California ignition interlock devices (?IIDs?). Ignition interlock devices are mini-breathalyzer instruments that prevent your car from operating unless and until you provide an alcohol-free breath sample...

San Diego Woman Arrested for DUI Following Crash

Posted on January 06, 2010
A 21-year old Temecula woman was arrested for DUI early Sunday morning after she overturned her vehicle, injuring her passenger. He reportedly suffered moderate to major injuries. Depending on what the California Highway Patrol investigation reveals, prosecutors could charge the woman under Vehicle Code 23152 driving under the influence or Vehicle Code 23153 driving under the influence causing injury...

Los Angeles Man Wanted for Fatal Hit and Run Following DUI

Posted on January 05, 2010
A Lawndale man is wanted on suspicion of DUI and a fatal hit and run that took place this past weekend. The Los Angeles Times reported that after hitting a big rig on the 10 freeway, the driver of a BMW fled on foot, leaving his 20-year-old passenger to die, and another passenger and the driver of the truck to deal with their moderate injuries...

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Why You Should Never Trust Your Alleged BAC

Posted on January 01, 2010
As a Los Angeles DUI defense attorney, people frequently ask me if it?s worth fighting a DUI charge if their BAC was above the legal limit?and my answer is always a resounding YES!!! Just because a California DUI blood, breath, or even urine test reports that your blood alcohol concentration (BAC) is 0...

California DUI Sobriety Checkpoint Schedule -- New Year's Eve Weekend

Posted on December 31, 2009
As the holiday California DUI crackdown comes to an end, here is a list of the California DUI sobriety / driver?s license checkpoints scheduled to take place tonight and over the weekend. New Year?s Eve: The LAPD will be operating DUI roadblocks in Hollywood at Hollywood Blvd...

DUI Arrests Now on Twitter

Posted on December 30, 2009
In another amazing affront to our country?s bedrock principle ?innocent until proven guilty?, the Texas District Attorney is now posting DUI arrestees on Twitter. It?s not as if he?s posting the names of those convicted of DUI on the popular on-line social network, but he?s actually posting the names of those who have only been arrested for the charge...

Number of California DUI Arrests Up for 2009 Holiday Season

Posted on December 29, 2009
The California Highway Patrol reported that it made 71 DUI arrests in Los Angeles County over the holiday weekend. And although this was more than double the number last year, there were no deaths reported. Keep in mind these statistics are just for L...

Understanding the California DUI Court Process

Posted on December 28, 2009
Because the holiday season results in an increased number of California DUI arrests, I thought I?d take this opportunity to remind you how the California DUI court process works in the unfortunate event that you are arrested for a DUI. After the arrest, your first court date will be your arraignment...

California DUI Sobriety Checkpoint Schedule December 2009

Posted on December 25, 2009
As Christmas and the end of the holiday season approaches, we?d like to provide you with an end-of-the-year California DUI sobriety checkpoint schedule. The following DUI / driver?s license roadblocks are set to take place over the next week. Here?s as much information as we know...

Man Uses His Obesity as a DUI Defense

Posted on December 23, 2009
After actually being convicted of a DUI, Jaimil Choudhry is now pleading guilty to a reduced charge. Before he was sentenced, Choudhry?s DUI defense attorney and the prosecutor decided to dismiss the DUI and instead to let Choudhry plead guilty to reckless driving...

Boaters Beware of Holiday BUI Busts

Posted on December 22, 2009
We?ve talked quite a bit about the increase in California DUI sobriety checkpoints and other DUI patrols due to the holiday season. The fact is that boaters should be more cautious of increased patrols as well. A common California holiday tradition includes boat parades...

California DUI Checkpoints Increased for the Holiday Season

Posted on December 21, 2009
Last week, California law enforcement officials launched their holiday crackdown on DUIs. The California Holiday Crackdown Campaign will operate over 300 California DUI sobriety checkpoints this holiday season through January 3, 2010. The campaign began on December 16, 2009 and is funded by a record $8 million in grants...

Understanding California DUI Reductions

Posted on December 16, 2009
With the holiday season underway, one thing is certain?the number of California DUIs will increase. If you find yourself in the unfortunate position of being arrested for drunk driving, it?s important to understand that pleading guilty to the charge or securing an acquittal are not the only two options...

Cop Killed in DUI After Drinking at Academy Bar

Posted on December 14, 2009
Kenneth Aragon, a 19-year veteran of the LAPD died earlier this month when he crashed his motorcycle after drinking at the police academy bar. Although the department wouldn?t release his exact blood alcohol concentration level, a Los Angeles Police Department spokesman said it was ?well over the legal limit? of a California DUI...

December 11-13th California DUI Sobriety Checkpoints

Posted on December 11, 2009
As the holidays approach?with holiday parties already underway?California law enforcement agencies are stepping up their DUI patrols. This includes increasing the number of California DUI sobriety checkpoints that are on the road. We know of at least three Southern California DUI sobriety roadblocks that are scheduled for this weekend...

Southern California Men Plead Guilty to Gross Vehicular Manslaughter while Intoxicated

Posted on December 09, 2009
Two men (ages 21 and 24) pleaded guilty to charges under Penal Code 191.5a gross vehicular manslaughter while intoxicated last Friday in Pomona, California. The charges stem from an incident when a female passenger was killed last year when one of the men lost control of his car while they were street racing...

Upcoming California DUI Sobriety / Driver's License Checkpoints

Posted on December 04, 2009
There are at least four California DUI sobriety / driver?s license checkpoints scheduled for this weekend. Here is what we know: The San Bernardino Police Department will conduct its sobriety / license roadblock from 6:00pm tonight until 2:00am Saturday morning at the intersection of Baseline Rd...

Florida Gators Carlos Dunlap Arrested for DUI

Posted on December 02, 2009
Defensive superstar Carlos Dunlap of the Florida Gators was arrested for DUI early yesterday. Police approached his car when it was stopped at an intersection while he had a green light. Dunlap was allegedly found asleep, slumped over his steering wheel...

Commercial Drivers Face Tougher California DUI Laws

Posted on December 01, 2009
As if California DUI laws weren?t strict enough, commercial drivers face an even harsher set of drunk driving laws. Commercial drivers who are arrested for a California DUI not only risk a one-year suspension of their commercial driver?s license for a DUI, but possibly a lifetime suspension as well?even if the DUI wasn?t while the driver was driving a commercial vehicle...

Another DUI Example of Guilty Until Proven Guilty...

Posted on November 30, 2009
Over the weekend, Oahu started a new program. All those arrested for DUI in Oahu will have their ?mugshots? publicly displayed on the Honolulu Police Department?s website. This project is a first of its kind for those who have only been arrested for DUI?and another example of how those arrested for DUI are afforded less constitutional protection than those arrested for other offenses...

Thanksgiving Weekend California DUI Sobriety Checkpoints

Posted on November 27, 2009
Officers will be participating in extra DUI patrols this holiday weekend. Don?t be surprised if you even run into a California DUI sobriety / driver?s license checkpoint as part of the state?s crackdown on driving under the influence. As of now, there are at least three advertised California DUI sobriety / driver?s license checkpoints scheduled for this weekend...

5 Tips for Avoiding a California DUI this Thanksgiving Holiday

Posted on November 26, 2009
With every holiday comes increased California DUI patrols. Law enforcement beefs-up its patrol units to ensure that extra officers are visible to the public?both as a way of discouraging people from drinking and driving and to arrest those who they believe are DUI...

More on California's Driving Laws...The Difference between Driving without a License and Driving on a Suspended or Revoked License

Posted on November 25, 2009
In yesterday?s blog, I discussed the difference between misdemeanor driving without a license and the infraction driving without a license in your possession. In similar fashion, I?d like to address the difference between driving without a license and driving on a suspended or revoked license...

California Driving Law - The Difference between Driving without a License and Driving without a License in Your Possession

Posted on November 24, 2009
Although this difference seems obvious, people often mistake the non-criminal infraction of driving without a license in one?s possession for the more serious misdemeanor offense of driving without a valid license. California Vehicle Code 12951 penalizes driving without a license in your possession...

Sen. John Kerry's Daughter Arrested for DUI Despite 0.06% BAC

Posted on November 23, 2009
Late Thursday night, early Friday morning, Alexandra Kerry (Sen. John Kerry?s 36-year old daughter) was arrested for DUI in Hollywood. Kerry was reportedly pulled over because of expired registration tags. L.A.P.D. officers suspected her of driving under the influence and conducted a DUI investigation...

Anonymous DUI Tip Could Result in a 15-Year Sentence

Posted on November 20, 2009
Scott Caulfield faces up to fifteen-years in state prison and up to $100,000 in fines for felony charges of possessing a controlled substance and misdemeanor DUI?charges that were based on an anonymous caller?s tip. The caller reported that Caulfield almost hit her and her husband head-on, causing them to swerve into a ditch to avoid the accident...

Southern California DUI Sobriety Checkpoint Schedule for 11/20 & 11/21

Posted on November 19, 2009
This weekend, there are at least four California DUI sobriety and driver?s license checkpoints scheduled to take place. Typically, cops need a reasonable suspicion or probable cause before they can initiate a traffic stop. In order to get around this strict legal requirement, courts have classified DUI roadblock investigations as ?administrative? rather than criminal...

Weaving within a Lane -- Probable Cause for a DUI Stop?

Posted on November 18, 2009
It actually depends. Unless there is ?pronounced weaving? for a ?substantial? distance, witnesses by a ?seasoned? officer, the answer will be no. Good news for many California DUI suspects. This is because many officers will admittedly pull over suspected drunk drivers because they are weaving within their lanes...

Texas Police Expanding Forced Blood Draws

Posted on November 17, 2009
Texas?one of the states that currently permits officers to perform forced blood draws in DUI refusal cases?has become even more aggressive with respect to its alleged DUI offenders. The state used to permit officers to perform warrantless DUI blood draws when someone was seriously injured by the suspected DUI driver...

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