DUI Charges and DMV Hearings

When you are facing charges after a DUI arrest, you first need to worry about the DMV hearing. At the DMV hearing, a hearing officer determines whether you can keep your driver's license, even before you are convicted of DUI. In fact, you could lose your license at the hearing, and later be acquitted of the DUI. At a DMV hearing, the hearing officer will hear testimony from the officer who arrested you to determine whether you should lose your license, based on his or her determination of whether...

Dealing With An Unfavorable DMV Decision

The decision after a DMV hearing following a DUI arrest can be either a set aside or an uphold of the suspension.  When the decision is unfavorable to the driver the next step can be either to appeal the finding or move on.  For first offenders who took a test the suspension period of four months typically does not justify a decision to appeal the hearing officer's decision.  The driver can usually get a restricted license after waiting 30 days.  Foe second offenders an appeal...

How a Person's Core Body Temperature Can Skew Breath Test Results

Breath testing in DUI cases relies on the presumption that every subject has a "normal" body temperature.  But what if a subject has a fever? One study (Fox & Hayward, 1989) did reveal problems with DUI breath tests for those with higher than normal body temperature levels.  For example, when the core temp was elevated one degree Celsius, the corresponding breath test for alcohol increased by nearly 9 percent. This means that if a person had an elevated body temp and was stopped...

A Bakersfield Speeding Ticket Attorney Explains Trials by Written Declaration

In California, as in many states, a defendant may elect to have a trial by written declaration on any Vehicle Code infraction or speeding ticket. If the clerk  receives from the defendant a written request for a trial by written declaration on or before the appearance date indicated on the notice to appear, the clerk must, within 15 calendar days of receiving the request,extend the appearance date 25 calendar days, and must give or mail the defendant notice of the extended due date on a Request...

Hematocrit Defense in DUI Cases

 Hematocrit represents the fraction of whole blood composed of red blood cells and is correlated with the aqueous content of the blood.  The higher the hematocrit, the lower the concentration of water in the blood and vice versa, according to California DUI Attorney Matthew Ruff.  How does this issue play into a DUI case you may ask?  Put simply, the higher a hematocrit level, the higher a person's blood alcohol concentration.  With breath tests, the normal variation in...

What is the penalty for a refusal in California?

There are a number of penalties or consequences for DUI charges in California.  Perhaps the most severe of all penalties is that for a refusal to take a chemical test, breath or blood.  In addition to the Court consequences, the DMV will impose harsh sanctions if the driver is found to have refused a breath or blood test after having been arrested for drunk drivingThe following are the administrative penalties for a DUI refusalA First refusal within 10 years carries a one year drivers...

The Dream Act, Reward for iIlegal Conduct?

The government lawmakers this week shot down the "dream act"  effectively denying young children of illegal immigrants the opportunity to become citizens and finally be a part of the United States as legal citizens.  Many believe this act was a reward to those that entered the US illegally, others say it rewards those who had no say in where they grew up and did the right thing by going to school and staying out of criminal trouble.  Time will tell which side eventually prevail...

Ticket Myths

There are few things that evoke more fear or loathing than getting stopped and ticketed by a law enforcement officer.  The legal process that follows can be quite daunting from the standpoint of mounting a defense or dealing with the problem.  One Lamont Speeding Ticket Attorney has assembled a list of common myths and half truths related to traffic tickets, it's worth taking a look a...

DUI While Parked

Penal Laws in the state of California define DUI as driving at a time when your mental or physical faculties are impaired to such a degree that you cannot operate a motor vehicle with the caution characteristic of a sober person. The interrogatory is frequently asked if a person can be arrested and charged with a DUI while they are parked in their driveway. The answer to this question depends on whether the police can establish actual driving. Obviously,  the law does not require...

DUI Law in the New Millennium

It is indeed axiomatic that as civilizations evolve there is a corresponding increase in new laws and regulations designed to conform the society to a given paradigm.  Criminal laws are no different.  In our current civil structure we have experienced this upward pressure particularly in the category of rules governing the use of motor vehicles, aka automobiles.  It is evident that the legislative bodies have concluded we are unable to think for ourselves and conform our behavior...

Another Good Reason Not to Take a PAS Test

We know that California law allows motorists over 21 and not on probation to refuse a roadside breath test known as a PAS.  The test however is usually a bad idea inasmuch as it provides additional evidence of intoxication relating to DUI that can be used against you in Court.  A recent case reiterates another good reason to refuse taking the test.Defendant Thomas was stopped for traffic violations. His eyes were bloodshot and watery. Defendant performed sobriety tests and consented...

"Over the Influence" commercials send the right message to our youth

Recently, I have seen the new television commercials that espouse abstinence from alcohol and drugs, targeted mainly to young people. These messages need to be played more frequently to buffer then constant onslaught of ads that encourage getting drunk and being under the influence, great work whoever put these togethe...

Why Hire a DUI Lawyer?

A DUI arrest is a serious charge which could result in the loss of your driver's license, thousands of dollars in court fines, the loss of your job, time in jail or even prison. A DUI conviction also acts as a prior, meaning that if you get a second or third DUI conviction, the penalties are drastically worse.Despite these serious consequences, I am surprised on how many people try to represent themselves in court to save the costs of attorney's fees. In so doing, they often miss the deadlines...

Correlation Between DUI and Domestic Violence?

Many social scientists believe that domestic violence goes hand in hand with alcohol consumption and as the economy gets worse alcohol abuse is on the rise. DUI comes into play, according to one Long Beach Domestic Violence Attorney, when the misuse of alcohol becomes intertwined with Domestic Violence. As the situation escalates, often the abuser will find him or herself pushing the limits of societal norms and find themselves drinking and driving which may lead to DUI. The studies are awaiting...

The Right to an Independent Test in California

All states require a suspect in a drunk driving case to submit to a chemical test, breath blood or urine. In California if the arrestee chooses a breath test he also has the right to a second independent test of blood or urine in order to save a sample for retesting if he chooses. the test will be at the person's expense and is only permitted when breath is the first test. the rationale is that the breath cannot be saved and therefore if a sample is desired for retesting then a bllod or urine...

What is Retrograde Extrapolation?

In some cases a person's blood alcohol level may not be high enough to attempt to punish him or her for driving with a proscribed level. In these cases the prosecutor will try an "relate back" the BAC to the time of driving in an effort to show the BAC was higher at the time of drving versus the time the test was administered. Some believe that this is nothing more than an educated guestimate. To do this the DA will use an expert to use various "known" facts and assume the other unknowns. This...

How to Get Your License Back After an Under 21 DUI

A DUI arrest for an under 21 driver has serious consequences.  In California, anyone under 21 years old who has been convicted of driving while intoxicated/driving under the influence (DWI/DUI) or who has been found to have been driving with a .01% or more of alcohol in their blood will have his or her driver's license suspended for at least a year. If the individual does not live near adequate public transportation, must work to support the family or is responsible for the medical care of...

Drunk Driver Crashes into Another Drunk Driver

A 23-year-old suspected drunken driver from california nearly ran over CHP officers who were investigating a fatal wreck – also believed to involve alcohol -- this morning along Interstate 15 in Hesperia, according to CHP investigators and jail records.The defendant was arrested this morning along Interstate 15 near Main Street and booked for investigation of drunken driving, jail records show. He was released after promising to appear in court to answer any charges that may be filed.Officers...

A Quick Primer on the Two DUI Crimes in California

In California, lawmakers have enacted two distinct crimes relating to DUI. One, VC 23152(a) requires proof of actual impairment.  Section 23152(b), added in 1981, made it unlawful for a person to drive with a blood-alcohol level of 0.10 percent or more, by weight, and specified that, “percent, by weight, of alcohol shall be based upon grams of alcohol per 100 milliliters of blood.”   To secure a conviction for this new “per se DUI” offense, the prosecution no longer had to prove...

New Law Seeks to End Impound Abuse

Police agencies in California will no longer be able to freely impound cars from sober but unlicensed drivers who are stopped at drunk-driving checkpoints under legislation signed Sunday by Gov. Jerry Brown.  Under the new law written by Assemblyman Gil Cedillo (D-Los Angeles), if a sober driver is caught at a DUI checkpoint without a valid license, law enforcement officers must release the car to a qualified driver representing the registered owner. In cases where a legal driver is not...

Step by Step Process to Get Your Drivers License After a DUI in CA

The purpose of this article is to explain the process to obtain your drivers license following the Court disposition of your case. You will likely receive a letter from the California  DMV that explains your license is suspended as a result of the Court conviction, however if you read the letter carefully it explains that you may immediately obtain a restricted license. The following is what you must do:1. Obtain proof of insurance by way of an SR-22 that must be filed with the DMV. This is...

DUI Convictions and the Suspended Drivers License

Of all the consequences that come with a DUI conviction, the harshest consequence of all is the drivers license suspension.  If you are convicted of a DUI, your driving privilege will be suspended for at least one year.  This suspension can impact your entire life, and may dramatically change your ability to go to work and go to school.  There are no exceptions.If you live and work in a place with public transportation, or your work and/or school is close to where you live, this...

How Will a DUI Conviction Effect My Record?

  Many of my clients are anxious to know how a DUI will effect them, and for how long. The concern is that a DUI conviction: limits your ability to drive, impact your employment opportunities, effects insurance rates, carries with it a social stigma, gives you a criminal record, and acts as a prior for future DUI's . In Utah, a DUI conviction will stay on your record for 10 years. A second DUI within that 10 years period dramatically increases the penalties you face if convicted again, and a third DUI within the 10 year period is a felony, punishable by up to 5 years in the State Prison.Once ten years have passed, you will be eligible...

California DUI Laws

No area of the law has undergone such a significant change over the last 20 years than that of California DUI Law. Indeed, the legislature has tinkered and toyed with various aspects of the criminal drunk driving laws such as sentencing, enhancing sentences through new statutes that impose more severe jail requirements under certain factual circumstances such as speeding, having children in the car and having elevated blood alcohol levels. The state has shortened the time period that a DUI prior...

The Intoxilyzer

In the past, someone arrested for driving under the influence of alcohol (DUI) used to be given a choice of three tests to verify the amount of alcohol in their system: a blood, breath, or urine test.  Since then, urine tests have been found to be unreliable for concentration amounts.  Blood tests are invasive and involve a needle.  Because of this, a breath test has been the preferred choice by law enforcement and the accused.To take a breath test, a person blows into a machine, called an intoxilyzer, and the machine figures out how much alcohol is in their blood.  If the result is a .08% blood alcohol content (BAC) or higher,...

Public Defender vs. Private Attorney

Should I hire a private lawyer or just go with a public defender?  What's the difference between the two?  What advantage would a private attorney give me over a public defender?   These are important questions to ask yourself when charged with a crime.  Naturally you would want the best representation possible.  But is it worth paying thousands of dollars to a private attorney when a public defender is free?To begin with, let's define the two.  In Utah, counties and cities open a bidding process to fill the position of Public Defender.  Bids come in from various attorneys with different levels...

California Appeals Courts Start To Decide Cases on Illegal DUI Blood Draws

Earlier this year the US Supreme Court ruled that a DUI blood draw against a person's consent violates the Constitution. Recently, in seven separate cases, each defendant was charged with misdemeanor driving under the influence (Veh. Code, § 23152, subds. (a), (b)) and filed a motion to suppress evidence pursuant to section 1538.5, contending that the blood drawn from his person subsequent to arrest and pursuant to the implied consent law should be suppressed under Schmerber v. California...

The Right To Rehabilitation for a DUI in California

In California, as is the case in many other states, the court must inform the defendant, either orally or in writing, of his or her right to apply for relief from all penalties and disabilities resulting from a misdemeanor DUI conviction after the passage of one year from the date of pronouncement of judgment, or longer if the defendant enters into a plea bargain with the prosecution.  This right is sometimes referred to as an expungement.  According to one Tehachapi DUI Attorney, this...

The New Law About DUI Ignition Interlock Requirement

Last year the California Legislature came up with a bright idea to force first time DUI offenders with no other record to install a device in every car they own that would block any attempt to start the vehicle without a blow from a human that has no alcohol in their breath. The pilot programs in Los Angeles, Tulare and Kings County would be part of DUI probation and would remain on the car for a minimum of three months. According to one Burbank DUI Lawyer , the new law is a complete waste of...

The Types of Probation in California DUI Cases

In California, the Court may impose two different types of probation in DUI cases, either formal or informal:(1) Formal probation. Formal probation is the suspension of the imposition or execution of sentence and the order of conditional and revocable release into the community under the supervision of a probation officer. (2) Informal Probation. A conditional sentence, also referred to as court or summary probation, is the suspension of the imposition or execu-tion of sentence and the order of...

When Can a Police Officer Pull You Over?

A police officer cannot pull over anyone without a reason.  There has to be what is called "probable cause" that a crime is occurring to justify a stop and contact.  Officers can also make contact with a citizen to perform a welfare check, if they are concerned that a person is in danger.Typical reasons why a vehicle is stopped include traffic violations like speeding, failure to signal for two seconds before turning or changing lanes, reckless driving, running a red light, failure to wear a seat belt, crossing the fog line, and driving with a cracked windshield.  Officers also will stop a car if a license check reveals that the...

Utah DUI:Driving Under the Influence . . . Without Driving?

I used to practice criminal defense law in California.  In California, in order to be guilty of the crime "Driving Under the Influence" the accused had to actually drive, the vehicle had to move, if only an inch, while the driver sat in in the driver's seat. In Utah, a DUI is actually a DSUI "Drivers Seat Under the Influence."  Utah Code section 41-6a-501 outlines how a DUI is committed.  In that section it reads:  "A person may not operate or be in actual physical control of a vehicle in this state if the person . . . has a blood or breath concentration of .08 grams or greater . . . [or] is under the influence of alcohol,...

Does a DUI Checkpoint Need To Provide Signs and Turnouts?

The question comes up frequently whether a DUI checkpoint must provide a sign to those approaching it.  Put another way, must a sobriety checkpoint give advance warning to the driver and allow them an opportunity to turn out and avoid the operation if they desire?  The U.S. Supreme Court specifically rejected a lower state court's finding in that case that a checkpoint is unreasonable if law enforcement fails to demonstrate that motorists are made aware of their option to make If-turns...

A History of Court Decisions on the Constitutionality of DUI Checkpoints

In 1987, the California Supreme Court addressed the question of whether DWI sobriety checkpoints were permissible under federal and state constitutions. (Ingersoll v. Palmer (1987) 43 Ca1.3d 1321, 1325.) "Federal constitutional principles require a showing of either the officer's reasonable suspicion that a crime has occurred or is occurring or, as an alternative; that the seizure is 'carried out pursuant to a plan embodying explicit, neutral limitations on the conduct of individual officers.'...

Why are DUI Checkpoints Constitutional?

The U.S. Supreme Court upheld the constitutionality of sobriety checkpoints in 1990. If conducted properly, DWI checkpoints do not constitute illegal search and seizure in most states. The U.S. Supreme Court decision held that the interest in reducing alcohol-impaired driving was sufficient to justify the brief intrusion of a properly conducted sobriety checkpoint.Most states, including California,  allow DUI checkpoints. Many states have set up and established their own guidelines to...

Kern County DUI Attorney Explains Timing of Convictions in a DUI Case

In California a DUI driver faces harsh penalties when they have priors for driving under the influence and are arrested on a new case.  The Legislature has declared that the timing of court proceedings should not permit a defendant convicted of a violation of Veh C §23152 or §23153 to avoid enhanced mandatory minimum penalties for multiple separate offenses occurring within a ten-year period. Veh C §23217. California lawmakers have expressed  intent that a defendant should be subject...

Enjoying the Beach, Avoid coming on vacation and leaving on probation

With the summer here and temperatures soaring, many are visiting local beach communities but find themselves being arrested for a DUI. One Grover Beach DUI Attorney has warned that watch out for local police who ramp up the enforcement and DUI patrols when the temp warms up. Avoid being arrested by following these 3 basic rules: If you drink do not drive, If you have no one to drive for you take a cab home and If you are going out to party leave your car keys at the door. have fun this sum...

How to Challenge Identity For a Traffic Ticket

A person may contest a charge by claiming under penalty of perjury not to be the person to whom the notice to appear was issued when identification was made by thumbprint or fingerprint. The person must submit a thumbprint or fingerprint for comparison with the thumbprint or fingerprint on the notice. The traffic court may refer the print submitted together with the print on the notice to the prosecuting attorney for comparison. If there is no fingerprint on the ticket or a comparison of the...

Can a Medical Marijuana Defense be Lodged Against a DUI Charge

With many in California getting a doctor's recommendation to smoke marijuana comes the frequent question of whether a prescription for pot use can be a defense to a DUI? The short answer to this question is no. California law proscribes a person from driving under the influence of alcohol or drugs. Just as a person cannot go into Court and claim that they purchased alcohol legally or purchased pain killers legally, they cannot say that they can drive while under the influence of pot just because...

Is There a Crime of Parking While Drunk

More often nowadays attorneys are seeing cases involving individuals arrested for DUI that were not actually driving . The question many folks have is whether it is legal to arrest foe drunk driving when the suspect was actually parked. The officer is permitted under California law to arrest if he suspects that the person was driving when they were intoxicated even if they were not driving when the officer pulled up. Th bottom line is that there must be sufficient circumstantial evidence that...

DUI Attorney In Orlando

Let the best DUI attorney in Orlando fight for your rightOne of the most common trespassing of law, a dui or also known as the driving under influence situation requires expert lawful assistance. You are required to look for an attorney instantly. Try finding someone who focuses primarily on protecting in the drink and drive cases. An excellent dui attorney in Orlando can effectively help you take care of your situation and walk scot-free. To accomplish this, you should have an attorney who would strongly fight as your representative in any criminal law firm in Orlando FL. The major results in courtrooms and lawful workplaces are reliant on...

Is a Felony DUI Defendant Eligible For Realignment?

California lawmakers initiated a program in California some time ago allowing for certain offenders to spend time in local county jails versus being sent to state prison.  A Felony DUI carries a sentence of state prison, however, can a convicted offender do that time in county?  The Coorts say no, according to a recent appeals case.  Appellant pled no contest to a section 23152, subdivision (b) violation, admitted a prior conviction under section 23550.5, and was sentenced to...

Will a Wet Reckless Conviction Require an IID?

In a few counties in the state of California a conviction for a DUI will require the installation of an ignition interlock device or "IID" in the car.  There are currently few exceptions to the rule and Los Angeles County participates in the pilot program  However, one question that folks have is whether an IID will be required for wet reckless pleas, the answer is no.  Fortunately, the law does not compel the devices for wet reckless offenders at this time.  The DMV will not...

New DUI Laws. What's Ahead For California?

Mandatory jail for first offenders?  Lifetime revocation of you license for any second DUI offense?  10 year mandatory IID for all convicted drunk divers?  These are all being considered by the current lawmakers in the great state of California.  While these draconian measures may seem far fetched, they are on the wish list for many groups advocating for stiffer sentences and punishments for all drunk drivers in this part of the country where drinking and driving is still not...

Facing Mandatory Jail for a DUI? Consider Pay To Stay

It is an unfortunate fact of life in California, if you are convicted of a DUI as a second or third offense you a looking at the real prospect of a stint in the county jail.  With this in mind, it may be wise to consider the various "pay to stay" programs offered in Los Angeles and Orange County.  These programs offer a defendant the opportunity to avoid going to county jail.  Why is this such a big fear?  Maany believe that the county jails are much more dangerous that the...

Is a Forced Blood Draw the same as a Refusal?

In California, the law treats the forced removal of blood the same as a refusal. What this means in a practical sense is that the DMV will suspend or revoke your diving privilege for a minimum of one yea...

Facing A License Suspension Following an APS Hearing? What You Can Do To Drive To Work

For many, the thought of a license supension in California can be terrifying.  The DMV is completely heartless and unsympathetic to your plight as it relates to your job, your family, keeping your home, etc.   There are immediate steps you can take to keep a provisional license after an unfavorable DMV APS hearing.  The law does allow for a restricted license if you meet the following conditions:  1.  You are a first offender and have no past suspensions for any...

The "Heat" and Keeping it Off you When Drinking This Summer

No doubt, many of us will be drinking this summer. Keeping the police or "heat" off you back is a simple as exercising common sense. When you consume alcohol, do it responsibly. When you drink do not drive, this simple maxim will keep you out of jail and avoid a DUI on your recor...

July 4th DUI Checkpoints Announced for Los Angeles

A number of DUI checkpoints will be administered by Los Angeles police Departments over the Fourth of July weekend.One checkpoint is planned at the intersection of Broadlawn Avenue and Cahuenga Boulevard West near Universal Studios, according to the Los Angeles Police Department.A news conference will be held at that location at 5 p.m., with City Councilman Tom LaBonge, a representative from Mothers Against Drunk Drivers and officials from the LAPD scheduled to speak, according to the LAPD.Another...

Impossible to Get a Search Warrant in California For a Blood Draw? Not So Says A Long Beach DUI Attorney

Recently, in a United States Supreme Court case, the government argued that obtaining a search warrant for a blood draw of a DUI suspect was difficult to do withing the context of a drunk driving arrest.  However, in California a system is alreadfy in place to get a telephonic search warrant.  As an alternative to written affidavits California Penal Code 1526(b)(1) permits sworn oral statements that are subsequently transcribed. For example, the affiant may phone the magistrate, state...

Is a Citizen's Arrest in California for DUI Legal?

In California, a police officer is not the only individual that can effectuate an arrest for a DUI.  A citizen’s arrest for DUI is proper when based on the citizen’s observation that the defendant was driving under the influence; in so doing, the citizen may delegate to a peace officer the act of taking the defendant into physical custody. This authority is vested in CA Penal Code 837.   For example, in one recent case, the Court ruled a citizen may make arrest for misdemeanor committed...

DUI Drivers Targeted This July 4th

July 4th weekend 2013 promises to be a banner holiday for law enforcement, the state of California has earmarked over a million dollars to checkpoint utilization and enforcement, saturation patrols will make up the remainder of the budget.  Los Angeles County alone has implemented a task force approach will will involve numerous city police agencies and a mobile phlebotomist who will be available to collect samples from DWI suspects for DMV and Court purposes.  The Torrance police alone...

Summer Travel Equals Higher DUI and Speeding Citations

With the heat rising into the summer months most police agencies report a higher uptick in speeding violations. According to one recent survey of California law enforcement, the average stop for speeding will be a chance for the cop to do a quick sobriety check of the driver. According to Coalinga Speeding Ticket and DUI Attorney , based along the interstate 5 freeway in CA, the most common reason for stopping and arresting a drunk driver is excessive speed. With this bit of knowledge we are...

Ignition Interlock For DUI Offenders, The New Paradigm

California may be the first state in the nation that mandates an ignition interlock for all first times DUI offenders. In a new pilot program starting g in July all first offense drunk driving defendants will be ordered to install and maintain an ignition interlock on all motor vehicles as part of their probation in counties such as Los Angeles, Tulare and others. Will this become the norm? Time will tel...

Are Field Sobriety Tests Accurate?

This is an age old question that many pundits frequently raise within the context of arguments for and against DUI enforcement.  The answer to this question can perhaps best be found within the scientific literature that encompasses the area of drunk driving research.  In one study the researchers found that field sobriety tests are only accurate in predicting impairment relative to driving under the influence, about 70 percent of the time.  This statistic takes into account the...

Looking For a DUI Attorney in Los Angeles? Watch Out For The Traps

For those consumers that are searching for a DUI Attorney in Los Angeles the choices that are displayed on the search engines can seem overwhelming.  What you need to understand is the difference between the organic search results and the sponsored listings that are generated by lawyers that pay to have their names posted above what google thinks are the most relevant results for the query.  For example, if your type in a search for DUI lawyer the results will display at least 3 listings...

The Future of DUI Defense

The laws of California DUI are in a constant state of flux. For example, the MADD lobby has pressed for stiffer punishment of first time offenders by enactin the IID requirement that goes into effect in July 2010. The insurance industry has gone crazy by requiring those that get a DUI to get an SR-22 and jacking up the insurance rates for first time convictions, the Supreme Court has all but eliminated the fourth amendment when it comes to a drunk driving arrest, what is next? we will se...

Fun, Sun, The Beach and DUI this Summer

With summer comes fun in the sun, drinking and sometimes over consumption of alcohol. No doubt the best advice when indulging is to avoid any driving. Invariably however there will be those that do not heed this advice and get arrested for DUI. One Seal Beach DUI Lawyer offers the following advice if arrested: First do not volunteer any information about the number of drinks you have had, Second, comply with all requests except do not volunteer to do any FST exercises if they are requested,...

A DMV Hearing Attorney Gives An Overview of DMV Hearings in California

In California the DMV can suspend an individual's drivers license in a varety of ways. Perhaps the most frequent actions commenced are those related to the abuse of alcohol and/or drugs. Statistically, the most common are the Administrative Per Se (APS) suspension hearings, also referred to as DUI hearings which arise out of a drunk driving arrest. This area is discussed more fully in our DMV Information page. These hearings are conducted at Driver Safety offices...

Manhattan Beach DUI Attorney Explains the Meaning of "Bodily Injury" in Felony DUI Cases

The California Vehicle Codes makes a DUI a felony when "bodily injury" results from any unlawful act caused by the drunk driver. Vehicle Code §23153 only requires proof of “bodily injury,” not proof of “substantial bodily injury” or “great bodily injury.” said the Court in the case of People v Guzman (2000) 77 CA4th 761 where the justices held that the California statute only requires proof of “harm or hurt to the body”. Minor injuries will satisfy the statutory requirement such as abrasions, lacerations,...

Torrance Public Intoxication Lawyer Explains Distinction Between DUI and Drunk in Public

In California it is a crime to drive while impaired in any way that affects your mental or physical faculties, the impairment can be slight.  In contrast, the state also criminalizes being drunk in public, however the level of impairment required for a conviction is much greater.  For example, if the suspect in a public intoxication case were to fail the so-called Field Sobriety Tests given to suspected DUI drivers that would not necessarily equate to being impaired to the degree required...

The Speed Enhancement for DUI Charges in California

California imposes additional penalties on those convicted of DUI charges if some aggravated circumstances exist. Among those are when an individual is caught speeding at a high rate at the time he is stopped by the police. The Speed Enhancement as it is known carries an additional jail sentence of 60 days over and above what the original DUI sentence is. According to one Santa Clarita Speeding Ticket and DUI Attorney the law does require that the speeding be done in a manner that constitutes...

Questions You Should Ask a Saratoga Springs Personal Injury Lawyer

Questions You Should Ask a Saratoga Springs Personal Injury Lawyer Before You Hire ThemIt is always a good idea to interview a few different personal injury lawyers before you choose which one you want to hire to handle your case. Interviewing candidates allows you to find out their expertise and experience levels, their prices and what strategies they will employ to win your case. Here are questions you ask of your Saratoga Springs personal injury lawyer before you hire them: Are you legally...