Recent Posts in Santa Cruz DUI Defense Attorney 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 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 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 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 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 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 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 12, 2011 By Christine McGuire
The Senior Ombudsman Program consists of five staff across the state available to assist senior drivers. The DMV Senior Ombudsman are located at the San Francisco/Oakland office at 510- 563- 8998, the ...
Continue reading "Senior Ombudsman Program" »
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 Jan 9, 2011 By Christine McGuire
Non custodial services for misdemeanors and felonies including work release, out of custody bookings and out of custody DNA collections are available at the Work Release Window located at the Santa ...
Continue reading "Work Release at the Santa Cruz County Sheriff's Office" »
Posted on Dec 29, 2010 By Christine McGuire
Pursuant to Penal Code Section 1270, a person who is in custody charged with a misdemeanor is entitled to OR or Own Recognizance Release in the absence of a finding by the judge that Own Recognizance ...
Continue reading "Own Recognizance Release and Misdemeanors" »
Posted on Dec 25, 2010 By Christine McGuire
Effective January 1, 2011, the California Department of Motor Vehicles will license and regulate all traffic violator schools including online schools and home study traffic schools. Previously the ...
Continue reading "New Law for 2011 regarding Traffic Violator School Programs" »
Posted on Dec 24, 2010 By Christine McGuire
Prior to 2011, High-Occupancy Vehicle Lane law permitted fuel-efficient, low emission vehicles to display stickers permitting them to operate in High Occupancy Vehicle lanes with a single occupant. ...
Continue reading "New Law Regarding High Occupancy Vehicle Lanes " »
Posted on Dec 4, 2010 By Christine McGuire
It is a rule of criminal law that a criminal conviction requires independent proof of the corpus delicti. In a misdemeanor DUI case for instance where the person is no longer in the car but admitted ...
Continue reading "Corpus Delicti and DUI Cases" »
Posted on Nov 21, 2010 By Christine McGuire
There is a DUI Checkpoint that drivers in the Salinas area of Monterey County seek out. Drivers do so because those who pass through the check point alcohol free are given free turkeys. The year 2010 ...
Continue reading "DUI Checkpoints and Turkey Giveaway" »
Posted on Nov 15, 2010 By Christine McGuire
Persons housed at the Main Jail in Santa Cruz County for misdemeanors such as driving under the influence or domestic violence or felonies such as drug offenses and sex crimes may see visitors in one ...
Continue reading "Inmate Services at the Santa Cruz County Jails " »
Posted on Nov 14, 2010 By Christine McGuire
In 2008 the Santa Cruz Sheriffs Office implemented a new fingerprint picture system called Automated Fingerprint Identification System. It is also known as AFIS. This system of identification used for ...
Continue reading "Booking, Fingerprints, Searches and DNA" »
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