Blog Posts in March, 2011
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Posted on Mar 29, 2011 By Christine McGuire
After a person is arrested for a DUI , the police officer takes your California driver license and will hand the person a pink temporary license from the Department of Motor Vehicles (DMV) which ...
Continue reading "DUI- DMV- 10 Day Rule" »
Posted on Mar 27, 2011 By Christine McGuire
A witness served with a subpoena must comply on pain of contempt of court. A witness is not served with a subpoena that is mailed to the witness unless the witness acknowledges receipt of the subpoena ...
Continue reading "Obligations of Subpoenaed Witness" »
Posted on Mar 26, 2011 By Christine McGuire
Consent to Search Person or Place An exception to the warrant requirement is consent. Consent to enter or search must be specific, unequivocal and freely, voluntarily and intelligently given or ...
Continue reading "Consent to Search Person or Place" »
Posted on Mar 25, 2011 By Christine McGuire
If the juvenile between the ages of 12 and 18 has been found to be seriously emotionally disturbed and has been placed on supervised probation he or she may be placed in a regional facility. However ...
Continue reading "Juvenile Crimes, Disposition Hearing, Serious Emotional Disturbance or Mental Disorder" »
Posted on Mar 24, 2011 By Christine McGuire
When a claim of privilege based on self incrimination is permitted and the Government is the party calling the witness the Government may elect to grant explicit immunity to the witness. Once immunity ...
Continue reading "Options of Party Calling Witness When Privilege Against Self Incrimination Permitted" »
Posted on Mar 22, 2011 By Christine McGuire
If the judge at the time of the disposition hearing makes a finding that the child was insane at the time the juvenile committed the offense, the judge must order confinement of the child in a state ...
Continue reading "Juvenile crimes, Dispostion Hearing, Insanity/Mental Disorder" »
Posted on Mar 21, 2011 By Christine McGuire
Most persons charged with a misdemeanor may appear through their defense attorney at all stages of the misdemeanor case including the arraignment on charges. However a person charged with a ...
Continue reading "Proceedings on Arraignment - Domestic Violence" »
Posted on Mar 20, 2011 By Christine McGuire
The DMV Penalties for Chemical Test results showing 0.01% or more BAC while on DUI probation or 0.8% or more BAC or 0.04% or more BAC in a commercial motor vehicle for First Offense of driving with a ...
Continue reading "DMV Penalties DUI" »
Posted on Mar 19, 2011 By Christine McGuire
A DUI suspect who is under the age of twenty one (21) years of age as well as a person who is on probation for Driving Under the Influence (DUI) is deemed to have given his or her consent to take a ...
Continue reading "DUI - Under the Age of 21" »
Posted on Mar 17, 2011 By Christine McGuire
The DMV automatically conducts an administrative review which includes and examination of the officer's sworn report and relevant documents. If the DMV review shows there is no basis for the Admin Per ...
Continue reading "License Suspension/Revocation - DUI" »
Posted on Mar 16, 2011 By Christine McGuire
Admin Per Se Immediate Driver License Suspension The Department of Motor Vehicle administrative license suspension program, known as "Admin Per Se" (APS) was signed into law as a immediate deterrent ...
Continue reading "Admin per Se Immediate Driver License Suspension" »
Posted on Mar 15, 2011 By Christine McGuire
California prosecutors can charge motorists with second degree murder or vehicular manslaughter. A killing may amount to second degree murder if the driver acted with malice. A court may infer implied ...
Continue reading "Second Degree Murder" »
Posted on Mar 14, 2011 By Christine McGuire
California Vehicle Code Section 23109. In People v Grier the court construed subdivision (a) of section 23109 stating that "It is common knowledge that maximum control of a vehicle upon the highway is ...
Continue reading "Speed Contest" »
Posted on Mar 13, 2011 By Christine McGuire
Driving Under the Influence, Immediate Driver License Suspension, Drivers Age 21 and Older, Noncommercial Restricted License. To be issued a noncommercial restricted driver license you must enroll in ...
Continue reading "Driving Under the Influence, Immediate Driver License Suspension, Drivers Age 21 and Older, Noncommercial Restricted License" »
Posted on Mar 12, 2011 By Christine McGuire
A person who is being investigated for driving a vehicle under the influence of alcohol or drugs ( DUI ) is offered an opportunity to provide to law enforcement a sample of his or her breath in the ...
Continue reading "PAS Test" »
Posted on Mar 11, 2011 By Christine McGuire
Thousands of California drivers are unable to renew their drivers licenses prior to the expiration of their licenses because of glitches with the DMV's new high-tech format. The Department of Motor ...
Continue reading "DMV and Temporary Licenses" »
Posted on Mar 10, 2011 By Christine McGuire
California Vehicle Code Section 23109(a) provides that a person shall not engage in a motor vehicle speed contest on a highway. A motor vehicle speed contest includes a motor vehicle race against ...
Continue reading "Motor Vehicle Speed Contest" »
Posted on Mar 9, 2011 By Christine McGuire
A lawful road stop stop by law enforcement begins when a vehicle is pulled over for investigation of a traffic violation. A temporary seizure of a driver of the vehicle and its passengers continues ...
Continue reading "Questioning of Passenger" »
Posted on Mar 8, 2011 By Christine McGuire
Unless a judge has placed the juvenile on probation without probation department supervision, the judge must order the child to be placed under the supervision of the probation officer. The probation ...
Continue reading "Juvenile Crimes, Disposition Hearing, Placement in a Nonsecure Facility" »
Posted on Mar 7, 2011 By Christine McGuire
The police may search without a warrant pursuant to a probation or parole search clause. The police do not need to have a probationary purpose for the search. The police also do not have to have a ...
Continue reading "Probation/Parole Searches" »
Posted on Mar 6, 2011 By Christine McGuire
Driving Under the Influence Immediate Driver License Suspension Drivers Age 21 and Older How Long Will I be Suspended or Revoked by the DMV? If you took a chemical test and the results showed a BAC ...
Continue reading "Driving Under the Influence- Immediate Driver License Suspension - Driver Age 21 and Older" »
Posted on Mar 5, 2011 By Christine McGuire
Admin Per Se Immediate Driver License Suspension- What Happens To Your License You will receive an Order of Suspension/Revocation from the law enforcement officer at the time of the driving under the ...
Continue reading "What Happens To Your License Following Drunk Driving Arrest" »
Posted on Mar 4, 2011 By Christine McGuire
Following the Administrative Per Se Hearing a person may request a department review within 5 days from the date on the bottom of the notice telling the person the result of the hearing. The fee for ...
Continue reading "Administrative Per Se Hearing Appeal Rights" »
Posted on Mar 3, 2011 By Christine McGuire
Department of Motor Vehicle Admin Per Se Hearing Issues where it is alleged driver refused to submit to or failed to complete a chemical test following arrest for a Driving Under the Influence charge: ...
Continue reading "Refusal to Submit to or Failure to Complete a Chemical Test" »
Posted on Mar 2, 2011 By Christine McGuire
Police in Santa Cruz have launched a cell phone application that compiles crime maps, crime news and crime alerts and lets its users listen to the police radio online. The application combines the ...
Continue reading "Apps Links Cops" »
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