Recent Posts in Santa Cruz Criminal Defense Lawyer 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 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 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 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 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 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 Feb 22, 2011 By Christine McGuire
A probation condition in a misdemeanor or felony gang related case that a person not associate with someone he suspects to be a gang member was found to be unconstitutionally vague in the recent case ...
Continue reading "Probation Condition that Person Not Associate with Someone he Suspects is a Gang Member" »
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 14, 2011 By Christine McGuire
The National Highway Traffic Safety Administration also known as NHTSA has approved 126 mobile evidential breath measurement devices as of March 2010. Over 350 law enforcement agencies throughout ...
Continue reading "Mobile Evidential Breath Measurement Devices in DUI Investigations" »
Posted on Feb 10, 2011 By Christine McGuire
The 6th District Court of Appeal in San Jose overturned a vehicular manslaughter conviction concluding that the prosecution relied on electronic data from the defendant's car that was seized ...
Continue reading "Electronic Data From Vehicles" »
Posted on Feb 7, 2011 By Christine McGuire
United States District Judge Jeremy Fogel toured San Quentin State Prison this past week to see whether the new execution chamber meets constitutional standards. According to a San Jose Mercury News ...
Continue reading "Death Penalty In California" »
Posted on Feb 1, 2011 By Christine McGuire
A person who successfully completes a drug diversion program or a deferred entry of judgement program may have his or her criminal records sealed. After a person successfully completes the programs, ...
Continue reading "Sealing Criminal Records" »
Posted on Jan 27, 2011 By Christine McGuire
The California Supreme Court recently ruled that police may search the text message folders of cell phones taken from suspects following the suspect's arrest. The case of People v Diaz involved a drug ...
Continue reading "Search of Text Message Folders of Cell Phones" »
Posted on Jan 25, 2011 By Christine McGuire
Confessions that are coerced by the police during the investigation of a felony or misdemeanor are inadmissible. An involuntary statement including a confession or admission cannot be used against a ...
Continue reading "Involuntary Statements Obtained by Police are Inadmissible" »
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" »
Posted on Jan 23, 2011 By Christine McGuire
The Sex Offender Tracking Program at the California Department of Justice maintains the registered sex offender database. By law, persons convicted of certain sex crimes are required to register as a ...
Continue reading "Sex Offenders Tracking" »
Posted on Jan 22, 2011 By Christine McGuire
The Sex Offender Tracking Program at the California Department of Justice maintains the registered sex offender database Registered sex offenders are required to update their information annually ...
Continue reading "Sex Offender Registration Updating" »
Posted on Jan 21, 2011 By Christine McGuire
Not all registered sex offenders appear on the internet web site Twenty Five percent of registered sex offenders are excluded from public disclosure on the internet web site by law Public disclosure ...
Continue reading "Sex Offender Tracking Program and Exclusion From Website" »
Posted on Jan 20, 2011 By Christine McGuire
The new Immigration and Customs Enforcement Program known as Secure Communities has gone into effect in 38 out of California's 58 counties. Secure Communities checks jail inmate's fingerprints against ...
Continue reading "Secure Communities" »
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