DUI and Double Jeopardy
http://justmusing.net/2009/02/05/fair-warning/comment-page-1/ If you have been arrested on suspicion of DUI, you soon become aware of two issues. One, you are charged with violating both VC 23152(a) and VC 23152(b). Second, two separate proceedings are initiated against you; one by the DMV and one by the criminal justice system. A logical question to be asked: does either […]
DMV Point System
unmusically The California Department of Motor Vehicles has the power to suspend your driver’s license as a negligent driver if you acquire too many points on your driving record according to the following schedule: Four points in one year Six points in two years Eight points in three years Clearly, if you receive an […]
Retrograde Extrapolation
If your DUI case comes to trial, you can be all but certain that the prosecutor will introduce evidence of your BAC while you were driving. This is a fairly neat trick because, of course, no chemical test was given to you when you were behind the wheel. The test you took that led […]
The Plain View Doctrine
One of the fundamental protections afforded by the US and California Constitutions is the right to be free of unreasonable searches and seizures. Where law enforcement has failed to first obtain a search warrant but has seized property it seeks to use against you in a criminal prosecution, it may assert the plain view doctrine […]
A Breathalyzer for Marijuana
With the increased usage of medical marijuana and perhaps recreational legalization right around the corner, the reality is that there are more drivers on Orange County and Los Angeles roadways who have smoked pot than ever before. Law enforcement has an interest in having a simple and quick method to detect if a driver is […]
Cell Phone Tickets
Arguably, the prohibition against using a wireless phone while driving is the most often disobeyed law in California. It may be an exaggeration to simply say everyone does it, but we all see numerous drivers on their phones every time we drive. Currently, the only penalty if you are caught is a monetary fine, but […]
Bail Determination
The 8th Amendment to the US constitution reads in part, “Excessive bail shall not be required…” Nonetheless, this doesn’t mean that if you have been arrested for a crime you will be eligible for bail, and further, even if bail is established, it may be in an amount that is unaffordable to you. Although in […]
Warrantless Search of Vehicles
The Fourth Amendment to the US Constitution, as well as Article 1 of the California Constitution, establishes the principle that all citizens have the right to be free from unreasonable searches and seizures. Generally, this means that law enforcement must first get a valid search warrant before acting. However, case law has created numerous exceptions […]
VC 12500: Driving Without a License
Per California Vehicle Code Section 12500(a): A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued under this code, except those persons who are expressly exempted under this code. An important distinction to be aware of is if you have had your license […]
Plea Bargains in Your DUI Case
Like the vast majority of criminal matters, few DUI cases end with a trial. More typically, a plea agreement will be reached between the district attorney assigned to your case and your Los Angeles DUI attorney. Whether or not it is wise to opt for such an agreement will depend on the specific facts and […]