Category Archives: License Issues

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Information Your DUI Attorney Will Try to Obtain

If you have been cited for a DUI, your Orange County DUI lawyer will work to obtain information on your behalf and in support of your defense. Generally, your attorney will try to secure this information, either via independent investigation … Continue reading

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Get the Facts

Court opinions vary enormously about whether or not police officers had reasonable suspicion for a traffic stop. At the end of the day, the specific facts of each case will determine whether the police had a reasonable suspicion. An expert … Continue reading

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1st Offense

martini

(Misdemeanor) BY THE COURT: PROBATION: 3 to 5 years informal probation JAIL: 0 - 6 months jail COURT FINES: $390 - $1000 BASE FINE + PENALTY ASSESSMENT = $2000 minimum. DUI SCHOOL: Attendance at First Offender Program (FOP) BAC ≤ .14 – 3-month … Continue reading

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2nd / 3rd – Restricted License

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The Legislature amended the Vehicle Code to allow a restricted license sooner for 2nd and 3rd offenders.  The law became operative on July 1, 2010.  Many are wondering if it applies to them.  Perhaps they were arrested before 7/1/2010. Maybe … Continue reading

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DUI with Injury

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Felony Or Misdemeanor? CVC §23153 may be charged as a felony or a misdemeanor under  CVC §23554.  The prosecutor’s decision whether to charge a §23153 offense as a felony or a misdemeanor is generally based on the seriousness of the injury involved and the … Continue reading

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Drug Related DUI

Rx

DUI Drugs involve complex scientific issues dealing with the identification of the active ingredients of drugs in both urine and blood testing and whether or not the substance revealed was an active or an inactive metabolite. Correlating levels of blood and … Continue reading

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Merijuana

MJ

As many know, possession of merijuana (less than 1 oz) was just made an infraction as of January 1, 2011.  This reduces the severity of possession of merijuana, which was previously a misdemeanor.  This change comes after the possession of merijuana … Continue reading

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Your License

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If you were arrested for a DUI, the arresting officer likely took your physical license away from you and gave you a pink temporary license that is valid for 30 days. The Temporary License that you got at the time … Continue reading

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Under 21

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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

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Statutes and Regulations

law

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

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