Recent Posts in DUI Category
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Posted on May 18, 2012 By Christine McGuire
Vehicle Code section 23136 makes it unlawful for a person under 21 years of age to drive with a blood-alcohol concentration (BAC) of 0.01 percent or more, as measured by a preliminary alcohol ...
Continue reading "DUI for Persons Under 21, Part 2" »
Posted on May 15, 2012 By Christine McGuire
Section 23140(a) of the Vehicle Code makes it illegal for a person under 21 years of age to drive a vehicle when he or she has 0.05 percent or more, by weight, of alcohol in his or her blood. In 1999, ...
Continue reading "DUI for Persons Under 21, Part 1" »
Posted on Jan 15, 2012 By Christine McGuire
Prior to 1/1/2012, the law required that if a person was convicted of a specified DUI offense within 10 years of 2, or 3, or more prior specified DUI offenses that the person be punished by enhanced ...
Continue reading "Driver's License Possible 10-Year Suspension for 4th Timers" »
Posted on Jan 12, 2012 By Christine McGuire
In September 2011, the Legislature debated the merits of AB 520, which lists new criteria for obtaining a restricted driver's license after entering a plea to a "Wet Reckless". The ...
Continue reading "New Laws for 2012: How Pleading to a "Wet Reckless" Will Affect Your Driving Privileges" »
Posted on Dec 7, 2011 By Christine McGuire
Do courts provide interpreters for non-English speakers? Yes . At critical stages of a case, a judge will appoint an interpreter to translate for defendants who have substantial difficulty speaking ...
Continue reading "Court Interpreters for Non-English Speakers & Hearing-Impaired" »
Posted on Nov 30, 2011 By Christine McGuire
Defendants charged with crimes are almost always best served by obtaining a lawyer. Are all criminal defendants represented by lawyers? Not all are, but most criminal defendants choose to be ...
Continue reading "Do I Need a Lawyer?" »
Posted on Sep 21, 2011 By Christine McGuire
A request for an attorney invokes the privilege to remain silent. The request for an attorney must be made in response to interrogation. A request for counsel upon arrest does not invalidate a later ...
Continue reading "Assertion of Miranda Rights" »
Posted on Sep 20, 2011 By Christine McGuire
Foreign language advisement Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for ...
Continue reading "Foreign Language Advisement of Miranda Rights" »
Posted on Sep 19, 2011 By Christine McGuire
Law enforcement - the police - have no duty to advise a minor that he may call his parents. However juvenile arrests trigger certain advisement requirements. There is an exception to the rules ...
Continue reading "Advisement of Rights to Minors" »
Posted on Sep 5, 2011 By Christine McGuire
From 12:01 am August 19 through midnight Saturday officers from 13 law enforcement agencies in Santa Clara County arrested 356 persons for driving under the influence of drugs and/or alchohol. The 18 ...
Continue reading "DUI Crackdown" »
Posted on Aug 18, 2011 By Christine McGuire
Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...
Continue reading "Car Insurance and vehicle code violations" »
Posted on Aug 17, 2011 By Christine McGuire
The law does not impose a duty on the district attorney to collect evidence that might benefit the defense. Once evidence however is collected due process imposes on the prosecution a duty to preserve ...
Continue reading "Duty to Preserve Favorable Evidence (Trombetta Youngblood Motion" »
Posted on Aug 10, 2011 By Christine McGuire
Drivers and every owner of a motor vehicle must maintain financial responsibility at all times. Whenever you drive, you must carry written evidence of financial responsibility. There are four types of ...
Continue reading "Maintaining Financial Responsibility" »
Posted on Aug 9, 2011 By Christine McGuire
Because of a person's right of confrontation, depositions are not available in criminal prosecutions. Under certain circumstances however a witness may be conditionally examined before trial to ...
Continue reading "Conditional Examinations" »
Posted on Aug 8, 2011 By Christine McGuire
The dismissal of a case pursuant to Penal Code Section 995 terminates the criminal action. Thus, when charges are refiled by the prosecutor after a Section 995 dismissal, the refiled charges ...
Continue reading "When the Two Dismissal Rule Applies" »
Posted on Aug 1, 2011 By Christine McGuire
VC 22405(a) provides that no person shall drive a vehicle on any bridge, elevated structure, tube or tunnel constituting a part of a highway at a speed that is greater than the maximum speed that can ...
Continue reading "Speeding on Bridges, Tunnels and Overpasses" »
Posted on Jul 24, 2011 By Christine McGuire
Speed Contests VC 23109(a) provides that no person shall engage in any motor vehicle speed contest on a highway. Speed contest section prohibits any motor vehicle speed contests such as racing with ...
Continue reading "Speed Contests" »
Posted on Jul 23, 2011 By Christine McGuire
VC Section 23109(c) states that no person shall engage in any motor vehicle exhibition of speed on a highway. The elements of misdemeanor exhibition of speed are: Driving a motor vehcile on a highway ...
Continue reading "Exhibition of Speed" »
Posted on Jul 22, 2011 By Christine McGuire
Non felony vehicle code moving violations commence with a notice to appear that the officer asks the person to sign. By signing the ticket, the person promises to appear at the court listed on the ...
Continue reading "Failure to Appear" »
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 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" »
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