PC 488: Petty Theft
Cheria Theft crimes are charged in California primarily, but not exclusively, based on the value of the item taken. Generally, under PC 487, if the value of the money, labor, personal property or real property is greater than $950, the offense will be charged as grand theft, with specific exceptions for certain types of property listed […]
Defenses to Counter a High BAC
Hanam Perhaps the most potentially damning evidence in a DUI case is a blood alcohol content in excess of the 0.08 legal limit. Because California law, under VC 23152(b), allows for a conviction based solely on your BAC without necessarily proof of any signs of alcohol impairment, much rides on the results of the chemical test, […]
VC 14601: Driving on a Suspended License
Although it is certainly true that legally, driving is a privilege, modern life in Southern California makes it all but a necessity. Consequently, many who lose their driver’s license find themselves tempted to drive, which can lead to further problems. VC 14601 Et Seq The prohibitions regarding driving on a suspended or revoked license […]
VC 40508: Failure to Appear on a Ticket
A traffic citation may be considered an annoyance or inconvenience, or for some it may pose the very real concerns of a major financial hardship. Under any circumstances, however, ignoring your legal obligations once you have been issued a citation can create far greater problems. Actions that Violate VC 40508 When a law enforcement […]
Out of State Driver and a California DUI
With Orange County, Los Angeles and San Diego regularly among the top tourist destinations coupled with innumerable business people visiting the Southern California area every day, it’s easy to understand why there are so many out of state drivers on local roadways. If you are such a driver and have been arrested on suspicion of […]
Contesting Your Orange County Traffic Ticket
Traffic citations are issued with seemingly greater frequency. Some suggest municipalities employ ramped up enforcement as a revenue raising tool, while others point to the pace of modern life and increased driver distraction, yet the increase in number of tickets may simply be a product of more drivers on the road. In any case, if […]
Per Se DUI: Alcohol Absorption/Elimination
Under California law, you can be arrested and convicted of a DUI offense even if you exhibited no signs of impairment and did not feel inebriated. This is due to what is known as the state’s per se DUI statute, Vehicle Code 23152(b), which reads: “It is unlawful for any person who has 0.08 percent […]
Fighting a DUI Sobriety Checkpoint
DUI Sobriety Checkpoints and Police Contact The general rule regarding permissible justification for a traffic stop is that law enforcement must have a reasonable suspicion that illegal activity is occurring. This may be as straightforward as an equipment violation, such as a non-functional tail light, or may require some articulable suspicion on behalf of […]
DUI defense – Rising Blood Alcohol
Rising Blood Alcohol Defense When the results of a chemical test taken incident to an arrest for DUI reveal a BAC of higher than 0.08, it may at first seem futile to contest the charges. However, based on the facts of the case, a rising blood alcohol defense may be employed in an effort […]
Los Angeles DUI charge? Think like a pro
In Southern California, no one is immune to being caught driving under the influence. Whether you’re a regular joe throwing a few back at your local neighborhood watering hole, or you’re a million dollar athlete drinking Crystal with your entourage in a Hollywood night club, once you are behind the wheel, you are liable to […]