The DA has the right to charge a DUI where injury is claimed, with either a felony or a misdemeanor. What makes it a felony charge or a less severe misdemeanor is the extent of the injury suffered by the victim. Sometimes it’s obvious that a case is a felony.…
The media has reported a rise in the number of prescription drug DUI arrests in recent months. It is important to know that if you take a prescription drug which impairs your ability to drive you can be charged and convicted of a DUI just as much as if you…
No more DUIs? No more car accidents? No more driving on a suspended license? No more rites of passage like getting your drivers license at 16? You mean the DMV doesn’t exist? Well yes, there could be lots of benefits to the concept car coming out. What concept car you…
Were you arrested for DUI but didn’t have a single drink all night? It’s a common misconception that if you have a blood alcohol content under 0.08 you cannot be found guilty of a DUI. This probably comes from Vehicle Code Section 23152(b) which says you can be arrested if…
Just because you’re guilty of committing a crime with a mandatory jail sentence doesn’t mean you have to serve time in jail! Many crimes in California carry mandatory minimum jail sentences. Most commonly those who receive a second DUI conviction within 10 years of their first will find themselves facing…
Everyone has heard the term “hung jury”, but what exactly does it mean? In a criminal case in California, the jury verdict must be unanimous. All 12 jurors must agree that either the defendant is either guilty or not guilty. A hung jury happens when the jurors simply can’t reach…
The Fourth Amendment to the Constitution provides that we have the right to feel safe from unreasonable searches, and where a search warrant is issued, that it must be supported by probable cause and be specific. A search conducted without a warrant is presumptively unreasonable unless it meets one of…
It has recently been proposed that the legal blood alcohol limit in the United States for driving be lowered to a .05 from a .08. All 50 states now adhere to the .08 BA level. This would be a radical downward departure from the previous level of .08. How much…
Ambien is a commonly used sleep aid. What isn’t commonly known is that there are a significant number of reported cases of people “sleep driving” after taking Ambien. In the recent case of People v Mathson a California Court of Appeal, for the first time, has ruled on a defense…
Many prosecutor’s offices, including the Orange County District Attorney’s Office, now have special Deputy District Attorneys who are designated to prosecute Driving Under the Influence of Drugs cases. The violation of California Vehicle Code Section (CVC) 23152(a) can consist of a combination of alcohol and drugs causing impairment in a…