Criminal Law

Having a Fake Driver?s License Can Cost You...

Posted on October 19, 2010
Let?s say that you?re under 21 and have a ?fake? driver?s license so that you can go to bars, nightclubs, etc. You?re out with your friends, drink too much, and as you?re driving home, get stopped on suspicion that you?re DUI. The cop asks to see your license...

Even Repeat DUIs are Typically Prosecuted as Misdemeanors

Posted on October 14, 2010
In California, driving under the influence cases what are known as ?priorable offenses?. This means that every subsequent conviction increases your minimum sentence. Yet even as a priorable offense, most DUIs are typically prosecuted as misdemeanor offenses...

California Man Arrested on Suspicion of DUI and Vehicular Manslaughter after Accident Kills His 12-Year-Old Daughter

Posted on October 13, 2010
Late last month, the California Highway Patrol arrested Rudy Fritz (45) on suspicion of driving under the influence and vehicular manslaughter after causing an accident that killed his 12-year-old daughter, Kelley. After conducting an investigation, the CHP suspected that Fritz was driving under the influence of a controlled substance?a prescription drug?and that alcohol was not involved...

The Penalties for a California DUI Felony Conviction

Posted on October 13, 2010
DUIs are among the most common type of California crime. And although they are typically misdemeanor offenses, an egregious case may be charged as a felony. A California felony driving under the influence conviction subjects an offender to a wide array of penalties...

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When California DUIs Qualify as Wobblers

Posted on October 11, 2010
Most cases of driving under the influence in California are prosecuted as misdemeanors. However, if you suffer your fourth or subsequent DUI within a ten-year period or injure another person as the result of driving under the influence, then the prosecutor has the discretion to charge the offense as either a misdemeanor or a felony...

Either Tell the Truth or Remain Silent

Posted on October 05, 2010
The cops have just pulled you over because they suspect you are driving under the influence. In order to investigate their suspicion, they begin to ask you a series of questions. The preliminary questions are designed to identify you. The police ask for your driver?s license, insurance, registration, etc...

California's Fraudulent Vehicle Registration Law...It's a Big Deal

Posted on September 29, 2010
Cops are trained to look for fake or stolen registration tags or stickers. When they suspect that they see such an item?or even sometimes when they don?t?they will ?run? your license plates to see if everything checks out. Sometimes they discover that you are guilty of violating California Vehicle Code 4463 VC fraudulent vehicle registration, have a warrant out for your arrest, or that everything?s on the up and up...

Why California Voluntary Manslaughter Charges Don't Apply to DUIs

Posted on September 23, 2010
California?s voluntary manslaughter laws apply to those who kill in (1) the heat of passion, or (2) during a sudden quarrel. This offense is typically a reduction from what would otherwise be a murder charge. California law provides this reduction based on the fact that there are certain situations that would compel even a normally ?rational? person to act irrationally...

New York Jets Wide Receiver Braylon Edwards Arrested for DUI

Posted on September 22, 2010
Early yesterday morning, Braylon Edwards was arrested in New York on suspicion of driving under the influence. He reportedly blew a 0.16% on the breathalyzer. And just like California?s DUI laws, it is illegal to drive with a blood alcohol concentration of 0...

Expunge Your California DUI

Posted on September 22, 2010
Even though driving under the influence is one of the most common misdemeanor crimes in California?it seems as though everyone knows at least one person who has been convicted of this offense?that doesn?t stop prospective employers, loan agencies, universities, or others from using it to discriminate against you...

It's Not Too Late To Have That DUI Removed From Your Record

Posted on September 10, 2010
Even if you?ve been acquitted of a California DUI by a judge or jury, the fact that you have an arrest on your record can get in the way of prospective employment, state licensing, housing and financial applications. Unfortunately, the fact that you were acquitted won?t win you much favor...

Attention California DUI Defendants - It Ain't Over Till It's Over

Posted on September 09, 2010
Just because you?ve been convicted of a California DUI, all hope is not lost. There are so many factors that a skilled California criminal defense attorney could challenge during the case or on appeal. Prosecutorial misconduct, jury misconduct, ineffective assistance of counsel?these are all issues that could cause a mistrial or overturn a conviction, which could ultimately acquit you of your drunk driving charges...

How California Search and Seizure Laws Can Invalidate Your DUI Arrest

Posted on September 09, 2010
California?s search and seizure laws permit an officer to conduct a lawful search and seizure of a suspect?s body incident to arrest. The laws also allow an officer to conduct an inventory search prior to impounding a car. However, any violations of the rules and regulations that make up these laws can result in a suppression of illegal evidence...

First Time DUI Offenders May Be Eligible For O.R. Release

Posted on September 08, 2010
When you?re arrested for a California DUI, the overall experience can be one of the most frightening and overwhelming of your life. What?s going to happen to you? When will you be released from jail? Will you be able to bail out? When will you get to make your first phone call to ask a friend/family member to bail you out? These and about a zillion other questions will likely be running through your mind...

Singer Faith Evans Arrested For DUI at Southern California Sobriety Checkpoint

Posted on September 07, 2010
Faith Evans, the Grammy-award winning singer and wife of late Notorious B.I.G., was arrested at a Marina Del Rey DUI / sobriety checkpoint late last month. LAPD made the arrest and last week the Los Angeles City Attorney?s Office filed two charges?driving under the influence of alcohol and driving with a blood alcohol concentration of 0...

The Importance of a "No Contest" Plea in a California DUI Case

Posted on September 07, 2010
Because a ?no contest? plea is essentially the same as a guilty plea?given that both result in a sentence?you may not give much thought to which plea to enter if you are about to be convicted of misdemeanor driving under the influence. But if your DUI involved any other cars, passengers, pedestrians, or property, which plea you enter can make a world of difference...

Hitting the Bar Could get You Disbarred

Posted on September 01, 2010
As a California attorney, you are held accountable not only for your professional conduct, but for your personal conduct as well. And while this may seem like an unfair standard, it is, unfortunately, the way it is. If you were to commit fraud, theft, sexual harassment, or any other job-related offense while on the job, the State Bar of California would certainly discipline you?no surprise there...

California DUI Sobriety Checkpoint Schedule 8/27/10

Posted on August 27, 2010
Here?s the latest information on this weekend?s California DUI sobriety / driver?s license checkpoints. For the more ?general? announcements, you can call the corresponding law enforcement agency a couple of hours before the scheduled DUI roadblock to find out more specific details...

What to Expect From a DUI Jury Trial

Posted on August 18, 2010
While the vast majority of California DUI cases resolve prior to trial, those that do not typically proceed to a jury trial (as opposed to a court, judge or ?bench? trial). And because DUI trials are among the most common types of California misdemeanor trials, there are definitely some routine practices that you can expect to see...

Victim of Police Misconduct?

Posted on August 18, 2010
California DUIs are among the most common misdemeanor violations in the state. As a result, they are also subject to a wide array of police misconduct. Police frequently make DUI arrests that involve biased investigations, ?Xeroxed? police reports, excessive force, exaggerated testimony, and even flat out lies...

California DUI Preliminary Hearings

Posted on August 16, 2010
If you are arrested in California for a felony DUI?and plead not guilty to the charge(s)?you are entitled to a preliminary hearing. A California preliminary hearing is held to determine if there is enough evidence to hold you to answer for your felony DUI charge(s)...

Palmdale Man Accused of DUI and Vehicular Manslaughter

Posted on August 09, 2010
Late last month, 24-year old Palmdale resident Michael Hemperly crashed his 2001 Porsche into a tree on Bouquet Canyon, a winding road in Santa Clarita, California. His 26-year old passenger, Rancho Cucamonga resident Marissa Hodges was killed as a result...

Lindsey Lohan Released from Jail

Posted on August 05, 2010
After being ordered to serve 90 days in jail for violating the terms of her California DUI probation, actress Lindsey Lohan has been released?and after serving only 14 days in the Lynwood facility. She was immediately taken to UCLA to begin her 90-day rehab sentence...

New IID Law on the Books

Posted on August 05, 2010
If you live in Los Angeles, Tulare, Alameda, or Sacramento counties beware?a new California DUI law went on the books last month. All first time DUI offenders who live in these counties will be required to install ignition interlock devices ?IIDs? in every car they own or operate in order to be issued or reissued a driver?s license following a DUI license suspension or revocation...

California DUI Sobriety Checkpoint Schedule - Weekend of July 30th

Posted on July 30, 2010
Here?s some information about the latest California DUI sobriety / driver?s license checkpoints for the weekend. Friday, July 30th The California Highway Patrol will conduct a DUI /driver's license checkpoint beginning at 8p.m. at an undisclosed location in El Dorado County...

Why It Might be a Good Idea to Request a California Bail Hearing

Posted on July 29, 2010
First time ?typical? misdemeanor California DUIs generally don?t trigger bail. If you are arrested for this type of DUI, you will most likely be released from jail on citation or on your own recognizance as soon as you sober up enough to drive. However, if the case is aggravated?if, for example, you are involved in an accident?you will generally be required to post bail in order to be released from jail...

The Two Components of a California DUI Charge

Posted on July 20, 2010
California DUI law is primarily regulated under Vehicle Code 23152 VC. Vehicle Code 23152 VC establishes two distinct laws: Vehicle Code 23152(a) VC driving under the influence and Vehicle Code 23152(b) VC driving with a blood alcohol concentration (BAC) of 0...

If You're a Professional, Think Before You Drink

Posted on July 20, 2010
Obviously, suffering a California drunk driving conviction is never a good thing. You face substantial fines, participation in alcohol and/or drug education classes, car insurance repercussions, and?depending on the severity of the offense?sometimes even a jail or prison sentence...

Fighting Your DUI

Posted on July 16, 2010
As the weekend approaches, officers throughout California are placing themselves in ?DUI mode?. DUI sobriety checkpoints, DUI saturation patrols, and DUI officers will be operating in full force, trying to make as many DUI arrests as possible. But don?t assume that just because you?ve been arrested for drunk driving means that you must plead guilty to drunk driving...

California's Broad Definition of "Substantially Related"

Posted on July 14, 2010
California professional boards discipline their members when they are convicted of crimes that are ?substantially related to the qualifications, functions, or duties of their professions?. I don?t think anyone can reasonably argue that this rule is irrational...

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