Criminal Defense Articles

Wallin & Klarich DUI Traffic Defense Attorneys Orange

May the Police Enter a Vehicle After a Traffic Stop?

May the Police Enter a Vehicle After a Traffic Stop? The Fourth Amendment protects a car’s interior as a whole from unreasonable intrusions by the police. A police officer’s physical intrusion into the interior of a car constitutes a “search” under the Fourth Amendment. What Happens if the Police Conduct an Unlawful Search? The Exclusionary Rule   The exclusionary rule generally applies in Fourth Amendment cases requiring courts to suppress…

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have you been drinking

What to Say When Police Ask “Have you Been Drinking?”

When you are pulled over for suspicion of driving under the influence of alcohol, you are probably afraid of what could potentially happen to you. The next few minutes could lead to very serious consequences. That is why you should be prepared for the question most police officers ask drivers who are pulled over for DUI: “Have you been drinking?” This question may seem harmless to you, but the way…

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How Certain Foods You Eat Can Impact Your DUI Case

You might remember a famous episode of “Seinfeld” where Elaine is called into her boss’ office because she failed a drug test for opium. Elaine, surprised by the result, soon discovers that the reason was the poppy-seed muffins she often ate. Poppy seeds, as it turns out, contain the principal chemicals needed to produce opium and related drugs.  As funny as that episode of “Seinfeld” is, there is nothing funny…

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Can You Refuse a Breath Test If Pulled Over for DUI?

Traffic stops are stressful events. You see red lights flashing in your mirror, hear the sirens, and the intimidating demand to pull over from the voice coming through the cruiser’s speaker. Add to this that you probably have no idea why you are being stopped, and you have the ingredients for a situation in which you might inadvertently waive your constitutional rights. One of the most common mistakes people make…

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Why We Publicize DUI Checkpoints

We get a lot of feedback on our social media postings for announcing the locations of DUI checkpoints in Southern California. Among the most common questions we receive: “Why do you publicly announce these locations? Aren’t law firms like yours helping people get away with driving under the influence by issuing these advanced warnings about checkpoints?” The answer is simple: We do it because the police do it, and the…

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Success Stories: One Bad Night

For many of our clients, driving under the influence is the first and only crime they ever commit.  Take this example of a recent client, a young college student with no prior criminal record who went out drinking with one of his friends. After a few too many drinks, our client and his friend got into his car. Driving too fast, the client lost control of the car, sending it…

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What Are Your Rights if Stopped at a DUI Checkpoint on Halloween Night?

If you're out driving California streets and roads on Halloween night, about the only thing that might be scarier than running into a ghost or goblin is encountering the dreaded California DUI Checkpoint and the prospect of spending a night in jail if you've been celebrating the holiday with your favorite pumpkin brew. Are these things even legal? The one question Wallin & Klarich criminal defense attorneys are asked about…

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How Out-of-State Convictions for DUI Can Be Used in a California DUI Case

Driving under the influence is one of the most commonly committed crimes in the United States. It is a universal crime: drivers of any race, gender, education, nationality, or economic background could potentially commit the crime. Every state has its own laws to punish DUI convictions, as well as sentence enhancements for repeat offenders. What happens if you have a conviction in another state, and are arrested for a DUI…

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defenses to vehicular mansalughter while intoxicated charges

DUI Manslaughter or Vehicular Homicide

Though it is seen as a less serious charge than murder, manslaughter is a very serious crime in California that comes with severe penalties that may impact you for the rest of your life. Because so much of our time is spent driving, being involved in an automobile accident is a common occurrence on the busy roads of California. But what happens when you are involved in an accident where…

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Memorial Day Weekend and DUIs

Memorial Day is a day of remembrance of those who died while serving this country. Yet, this somber occasion also marks for many people the unofficial beginning of summer, and so trips to the beach, pool parties, backyard barbeques, and consumption of alcohol are common during the extended weekend. There is a group of people, however, that does not take the weekend off, and this year, that group was as…

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