Criminal Law

Tennessee Titans Backup Quarterback Arrested For Driving Under the Influence of Drugs

Posted on July 09, 2010
Last week, Chris Simms was arrested in New York for allegedly driving under the influence of marijuana. He pled ?not guilty? and refused the prosecution?s offer of a $500 fine, three days of community service, and a six-month driver?s license suspension...

I Can Lose My Dental License Because of a DUI?

Posted on July 08, 2010
Yes, that?s right. Even though it sounds unduly harsh (and utterly ridiculous), the Dental Board of California may suspend your California dental license based on a misdemeanor conviction. The Board takes disciplinary action against any dentist who suffers a conviction (a felony or misdemeanor) that is ?substantially related to the qualifications, functions, or duties of being a dentist?...

DUI May Negate Charges of Resisting Arrest

Posted on July 08, 2010
Vehicle Code 23152 VC California?s DUI law and Penal Code 148 PC California?s ?resisting arrest? law are frequently charged in the same criminal complaint. Often times a person who is intoxicated may be less inhibited than a sober person and may therefore feel more comfortable resisting or otherwise obstructing the officer who is trying to arrest him...

Lindsay Lohan Going to Jail for Violating Probation

Posted on July 07, 2010
A Beverly Hills Judge sentenced actress Lindsay Lohan to serve 90 days in a county jail and a consecutive 90 days at an inpatient drug/alcohol treatment center for a probation violation. This probation violation stems from a 2007 conviction for being under the influence of cocaine, DUI, and reckless driving...

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Holiday Weekend California DUI Sobriety Checkpoints

Posted on July 02, 2010
Here?s the most up-to-date DUI sobriety checkpoint information we have for California this 4th of July weekend. DUI saturation patrols Many agencies will be on roving DUI saturation patrols. This means that more cops will be on-duty specifically looking for drunk drivers...

"Melrose Place" Star Charged in Fatal Drunk Driving Crash

Posted on June 28, 2010
Original ?Melrose Place? actress Amy Locane was charged today with second-degree vehicular homicide and third-degree assault stemming from an accident that took place last night. Locane allegedly hit another car, killing the female passenger inside. This was reportedly immediately following a minor hit-and-run...

DUI as a Defense?

Posted on June 18, 2010
Crazy as it sounds, it could be true. If you are charged with Vehicle Code 2800.1 VC California?s ?misdemeanor evading an officer? law in conjunction with a DUI, the DUI could excuse the evading charge. This is because in order to convict you of Vehicle Code 2800...

Actor Chris Klein Arrested for 2nd DUI

Posted on June 16, 2010
Early this morning, actor Chris Klein was arrested for DUI. His arrest, which took place in California?s San Fernando Valley, is the actor?s second in six years. As a result, a conviction will mean mandatory jail time. In California, DUIs are ?priorable? offenses, which means that every time you are arrested for the offense, your penalties automatically increase...

When a DUI Turns into a Federal Case

Posted on June 15, 2010
For the most part, California DUI arrests are without incident. The police pull someone over, suspect that he/she has been drinking, conduct a DUI investigation, and make an arrest. But then there are those times where something?s just not quite right?the stop was due to illegal racial profiling, the cop used excessive force to arrest you, you were an innocent victim of police brutality...

Why Drinking, Driving, and Guns Don't Mix

Posted on June 09, 2010
Picture this. While out with some friends, you have a little too much to drink. You?re only a couple of miles from home, so you take the streets. But before you make it, the cops pull you over, suspecting that you?re DUI. After conducting their investigation, the officers arrest you for DUI...

Memorial Day Weekend California DUI Sobriety Checkpoint Schedule

Posted on May 28, 2010
Here?s what we know so far about the upcoming California DUI checkpoints for this 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. Even if there isn?t a scheduled DUI roadblock in your area, rest assured that the California Highway Patrol, sheriff, and police will be participating in increased DUI saturation patrols throughout the state...

More on this Disturbing Trend...

Posted on May 25, 2010
Continuing on from the last post ?Why Jail Abuse Affects Us All? there?s even more disturbing news?it?s not only physical abuse that permeates California jails and prisons, but medical and health care neglect as well. California jails and prisons deprive inmates of adequate medical care on a routine basis...

Why Jail Abuse Affects us All...

Posted on May 18, 2010
When people are arrested in California for a first-time DUI, they usually end up in a holding cell until they ?sober up? at which point they?ll be released on their own recognizance. However, if there was an accident or any other aggravating factors, they may be required to post bail...

A Word to the Wise

Posted on May 12, 2010
I recently spoke with someone who told me he was arrested for a Los Angeles DUI on his own street. He had been out drinking with some friends, one of whom was driving. Instead of having his friends drop him off at home, he had them take him to his car because it wasn?t too far from his place...

Don't Ever Assume You Can't Fight Your Charges...

Posted on May 05, 2010
It doesn?t matter if you?re arrested for DUI, drug possession, carrying a concealed weapon, or even murder?there is almost always at least one legal defense that a California criminal defense attorney can present on your behalf to fight your criminal charges...

The Connection Between DUI and Weapons Charges

Posted on May 03, 2010
Many California illegal weapons charges, such as Penal Code 12020 PC, California?s law against possessing dangerous weapons, stem from police investigations that have little or nothing to do with weapons. This is because many firearms and other weapons are discovered during searches that are incident to lawful?and sometimes unlawful?arrests...

The Risk of Bribing Judges and Jurors

Posted on April 27, 2010
You?ve started your California DUI trial. Everything seems to be going in your favor and you?re feeling good about your choice to plead not guilty. Then the case takes a turn and you?re beginning to question your decision to take the case to trial. You begin thinking about spending a couple of days in a county jail and realize that you?re desperate to avoid a conviction...

DUIs and Police Misconduct

Posted on April 20, 2010
?The suspect had red, watery eyes, slurred speech, the odor of an alcoholic beverage emitting from his breath, slurred speech, and failed to perform his field sobriety tests as demonstrated.? This is the exact narrative of almost all California DUI police reports?and the reason why police misconduct is rampant in California DUI cases...

California DUI Sobriety/Driver's License Checkpoint Schedule April 16 - April 18, 2010

Posted on April 16, 2010
Here?s the latest information about this weekend?s California DUI sobriety / driver?s license checkpoints. Friday, April 16, 2010 The Central Bureau of the Los Angeles Police Department will operate a DUI checkpoint on Glendale Boulevard at Effie Street from 8pm to 3am...

California DUI Sentencing Enhancements

Posted on April 12, 2010
California DUI ?aggravating factors? are facts and circumstances that?if present at the time you are arrested for driving under the influence?will either (1) result in a county jail sentence, or (2) increase your county jail sentence. Some of the most common of these include: refusing to submit to a chemical test, driving with a child in the car, causing an accident, having a particularly high blood alcohol concentration, and driving recklessly at excessively high speeds...

Toke About Overkill...

Posted on April 07, 2010
In its war against marijuana, the California Legislature enacted three separate laws relating to possessing marijuana and driving. The first is the catchall -- Health and Safety Code 11357 HS which prohibits possessing an ounce or less of marijuana for personal use...

"MTV's Real World San Francisco" Star Arrested on Suspicion of DUI

Posted on March 31, 2010
According to the California Highway Patrol, David ?Puck? Rainey was arrested in San Diego last week on suspicion of DUI, driving without a license, and child endangerment. This was after an accident where his car was found upside down in an embankment...

This Weekends' California DUI/Sobriety Checkpoint Schedule

Posted on March 26, 2010
Here?s the most recent information on this weekends? California?s DUI sobriety checkpoints. Friday - March 26, 2010 The Sheriff?s Department will conduct a sobriety checkpoint Friday night between 6pm and 12am in the city of Loma Linda. The Sacramento Police Department will operate a DUI sobriety / driver?s license checkpoint Friday night at an undisclosed area in the north part of the city...

Why a DUI "Accident" is Still Punishable

Posted on March 26, 2010
California criminal law excuses accidental acts that result in injury...sometimes. We say ?sometimes? because in order for an accident to qualify as a California legal defense, it must occur during an otherwise lawful act. If you are engaged in unlawful activity and ?accidentally? injure someone, California criminal law will not excuse your conduct...

California St. Patrick's Day DUI Sobriety Checkpoint (3/17-3/21)

Posted on March 17, 2010
St. Patrick?s Day is almost synonymous with alcohol. Make no mistake about it, the bars will be packed, the green beer will flow freely, and the cops will be out on DUI saturation patrol. Here?s the skinny on the California DUI sobriety checkpoints that have been announced for tonight, following into the weekend...

The Connection between a California DUI and Child Endangerment Charges

Posted on March 12, 2010
Although it may not seem like a DUI has much in common with a child endangerment charge, the two are actually very closely related under California law. This is because any individual who is arrested for DUI (and who has a child under the age of 14 in his/her car at the time) is subject to a penalty enhancement...

California DUI Murder Convictions are on the Rise

Posted on March 08, 2010
Although California DUI murder cases a.k.a. ?Watson murder? cases used to be quite rare, they seem to be on the rise. Last week, an Orange County jury convicted Suzanne Amelia Carlson, 27, of second-degree murder after she killed her passenger by crashing into an 18-wheeler Fed-Ex truck while she was intoxicated back in 2007...

Energy Drinks and Alcohol Lead to More DUIs

Posted on March 05, 2010
Energy drinks and alcohol have been popular for years (perhaps the most common being a ?Red Bull and vodka? cocktail, otherwise known as a ?birch?). But as more studies are emerging, we?re learning that the combination of caffeine and alcohol can lead to a host of dangers...

California DUI Checkpoints for March 4th, 5th and 6th

Posted on March 04, 2010
The following are the California DUI sobriety / driver?s license checkpoints that are set to operate tonight and this weekend: Thursday, March 4th The Salinas Police Department will conduct a DUI / license checkpoint sometime tonight at an undisclosed location within the city limits...

Woman Sentenced in Controversial DUI

Posted on March 03, 2010
A Portland judge sentenced Zoe Hoeltzel to over three months in jail, probation, and 160 hours of community service. Hoeltzel?s privilege to drive was also taken away for a full five years. This was after she crashed into a sidewalk full of pedestrians, seriously injuring two people, one of whom lost her leg as a result of the accident...

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