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Archive for the ‘DUI’ Category

Can an Unmarked Police Vehicle Pull You Over for a DUI Investigation?

08 Jul

Dyer v. DMV

March 19th, 2009

Yes, in Dyer v. DMV, a uniformed cop in an unmarked police car conducts a traffic stop and notices objective signs of Driving Under the Influence and finds an open alcohol bottle in a vehicle after conducting an inventory search.  The DMV suspends the Defendant’s California Driver’s License after an Administrative Per Se Hearing.  The Defendant appeals contending that the arrest was not legal.  Court reasoned that California Vehicle Code 40800 governs the issue here: Continue reading “Can an Unmarked Police Vehicle Pull You Over for a DUI Investigation?” »

Tags: evidence, DUI, speed violation, traffic stop, Criminal Defense Articles, DUI, enforcement
 

Will Dismissing Your DUI Criminal Case Prevent the DMV From Suspending Your California Driver’s License?

29 Jun

The short answer is: NO.

In Park v. Valverde, the Defendant was stopped for driving a stolen vehicle, but police information was outdated and the vehicle was not actually stolen.  Cops conducted a stop and noticed objective symptoms of intoxication and the Defendant was arrested for DUI.  The court granted the Defendant’s motion to suppress and dismissed the Criminal Case.  The Defendant lost the DMV Administrative Per Se and appealed.  The Court of appeals upheld the Administrative Per Se ruling because police conduct was not egregious (or that the police did not willfully fail to update stolen vehicle reports).  Continue reading “Will Dismissing Your DUI Criminal Case Prevent the DMV From Suspending Your California Driver’s License?” »

Tags: Cops, police conduct, DUI, knowledgeable attorney, DMV, Criminal Defense Articles, License
 

Burden of Proof for DMV Administrative Hearings in DUI Cases is Far Less Than in Criminal Cases

19 Jun

In 2009, Auburn v. DMV further lessened the burden of proof in DMV Administrative Per Se Hearings for Driving Under the Influence.  Evidence that the arresting officer had observed the driver weaving in his lane, and almost hit the curb, supported finding of reasonable suspicion to justify a traffic stop, even absent showing of officer’s particular expertise or that weaving occurred over a substantial or considerable distance.

Unlike Criminal Courts, DMV Administrative Hearings/Courts have a different standard of proof.  Continue reading “Burden of Proof for DMV Administrative Hearings in DUI Cases is Far Less Than in Criminal Cases” »

Tags: consultation, Criminal Defense Articles, licensees, DMV, DMV, DUI, dui cases, California
 

Do You Know Your DUI Rights?

07 Jun

Driving under the influence is a crime. If you are caught driving with a blood alcohol level higher than .08%, you are committing a crime in the state of California and will be charged. Driving under the influence is dangerous and not endorsed in any form. However, even when you are committing a crime, you still have rights. It is the job of a criminal defense attorney to protect those rights and preserve your interest during your case and in your future at work or in the community. Any criminal defense lawyer in Los Angeles would encourage you to understand your rights and work to protect them from the minute you are pulled over for suspicion. Continue reading “Do You Know Your DUI Rights?” »

Tags: DUI, criminal defense lawyer, Driving under the influence, state of california, Criminal Defense Articles, DUI, Los Angeles
 

Right to Re-Test Blood Samples for DUI’s in California

30 May

When a driver is caught driving in California with a blood alcohol level higher than a .08%, that driver may be charged with a misdemeanor DUI. Law enforcement officials may neglect a few crucial rights of the accused in this situation. Among those rights is the chance to request a separate blood test for private testing following a DUI arrest. Continue reading “Right to Re-Test Blood Samples for DUI’s in California” »

Tags: Your Rights, law offices, driving in california, blood test, DUI, DUI, Criminal Defense Articles
 

DUI Checkpoints

21 May

In a small town in Pennsylvania, officers established a DUI checkpoint. During the course of the proceedings, 35 cars were stopped. These 35 stoppages lead to 3 arrests. At first this may seem like a small number. Do the math, though, and you will find that this is 8.5 percent of the people stopped. Continue reading “DUI Checkpoints” »

Tags: question, Your Rights, Criminal Defense Articles, Los Angeles, DUI, defense attorney, signs of intoxication, DUI checkpoint
 

False DUI Police Reports

08 May

There are a number of irresponsible drivers on the road who will stand guilty, even with the best defense attorney. However, there are also a percentage of drivers who are charged with a DUI who may have never been drunk at all. Sometimes when a person is pulled over, it can become very complicated. There are a small number of police officers who are capable of abusing their power and using it against drivers whom they feel disrespected them or challenged their authority. Continue reading “False DUI Police Reports” »

Tags: Your Rights, Los Angeles, criminal defense lawyer, DUI, Criminal Defense Articles, DUI, riverside county
 

60-Days Jail for Speeding Over 100 MPH While Driving Under the Influence

26 Apr

Did you know that if a police officer cites you for speeding over 100 MPH while driving under the influence, you could be jailed for 60-days? Continue reading “60-Days Jail for Speeding Over 100 MPH While Driving Under the Influence” »

Tags: police officer, free consultation, Driving under the influence, speeding ticket, DMV, DUI, DUI