Recent Posts in Driving Under the Influence Category
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Posted on May 21, 2012 By Christine McGuire
Penal Code section 836, subdivision (a)(1) states that as a general rule, an officer may only arrest someone without a warrant for a misdemeanor offense if he or she has probable cause to believe that ...
Continue reading "Misdemeanor DUIs part 1" »
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 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 Nov 1, 2011 By Christine McGuire
Upon receipt of a petition to seal, DOJ will analyze the order to ensure the petition has the signature of the LEA representative or court official. The order must be checked "Petition ...
Continue reading "DOJ 851.8 Processing and Petition to Seal" »
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 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 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 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 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 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 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 Feb 20, 2011 By Christine McGuire
California Penal Code section 192(c) defines vehicular manslaughter as driving a vehicle in the commission of an unlawful act not amounting to a felony and with gross negligence or driving a vehicle ...
Continue reading "Vehicular Manslaughter" »
Posted on Feb 4, 2011 By Christine McGuire
A PAS device used in a DUI or DUI with Injury investigation is defined by statute as a field sobriety test. A PAS device is identified as an investigative tool that may be used by law enforcement ...
Continue reading "PAS Device in DUI Case" »
Posted on Jan 24, 2011 By Christine McGuire
Federal regulations require the DMV (Department of Motor Vehicles) to verify a driver's license application through the National Driver Registry and the Problem Driver Pointer System. The National ...
Continue reading "Out of State Fines" »
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