-
Articles
Category Archives: The Law
DUI Defenses
A defense is a legal excuse which protects a person from being convicted. The most common example which most people understand is the defense of “self-defense”. If someone tries to harm you, you have the right to defend yourself (using reasonable … Continue reading
Topics: The Arrest, The Court, The Law, Your Defense
Leave a comment
Save Your Money
WHAT IS THIS GOING TO COST YOU? The most common costs associated with a DUI arrest are court fines, attorney fees, and DUI classes. Other financial risks may include losing your job, increased insurance rates, restitution (if there was an … Continue reading
Topics: Penalties, The Court, The Law
Leave a comment
Save Your Freedom
Most first offenders only spend a night in jail, the night they were arrested. However, there are times when a judge will sentence a first offender to additional jail. If there was even a minor accident for example. If you … Continue reading
Topics: Penalties, The Court, The Law, Your Defense
Leave a comment
Under 21
The so-called Zero Tolerance law is found in Vehicle Code section 23136. If you are under 21, and drive with a BAC of .01% or more, you may lose your license for 1 year. Of course you may apply for … Continue reading
Topics: License Issues, Penalties, The Law, Your Defense
Leave a comment
Case Law
Here is a list of DUI relevant cases for easy reference: Reckless Driving Elements Intention = knowledge that injury was probable DUI is not per se willful and wanton disregard Driver must appreciate that danger was likely WILLFUL is INTENTION … Continue reading
Topics: The Law
Leave a comment
Statutes and Regulations
There are many statutes and regulations which are commonly referenced in DUI cases. Here are some which come up most frequently: VC 23152(a) DUI – driving while impaired (alcohol, drugs – illegal or not, or both alcohol and drugs) VC … Continue reading
Topics: License Issues, Penalties, The Law
Leave a comment
Out of State Residents
COURT: Even if you are charged with a Misdemeanor, you will be required to return to California for your Court appearances unless you are represented by an attorney. Only you or your attorney can appear in court. YOUR LICENSE: California DMV will … Continue reading
Topics: License Issues, The Court, The Law
Leave a comment
Out of State Priors
A prior conviction from another state may be used here in California – in court, and at the DMV. However, there are limitations. The prior conviction must be for an offense, which would be a DUI if committed here. That … Continue reading
Topics: License Issues, The Court, The Law, Your Defense
Leave a comment
Restitution for DUI Accident
A great resource for questions about restitution, is the Judges benchguide by CBE. This guide was written by attorneys and judges to summarize the law on this topic. Be sure that you check the sources cited within it, because new … Continue reading
Topics: Penalties, The Court, The Law
Leave a comment
Enhancements
Enhancements are facts which legally require a more severe punishment under the law. The most common enhancement is the high BAC enhancement. if your BAc was .20% or more, the law requires a 10-month suspension rather than 6 for the … Continue reading
Topics: Penalties, The Law, Your Defense
Leave a comment
