How You May Be Able to Avoid Serving Time for Committing Vehicular Manslaughter (Penal Code Section 192(c))
How You May Be Able to Avoid Serving Time for Committing Vehicular Manslaughter (Penal Code Section 192(c))
Under California law, manslaughter is the unlawful killing of a person without malice. There are three different types of manslaughter - voluntary, involuntary, and vehicular. Vehicular manslaughter is defined in California Penal Code Section 192(c). It occurs when the driver of a vehicle causes the death of another person by negligently committing either: an unlawful act that is not a felony, or a lawful act, in an unlawful manner, which…
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What Happens Before a DUI Trial in California? (VC 23152)
What Happens Before a DUI Trial in California? (VC 23152) You went out to a bar with your friends. You were supposed to be the designated driver, but you couldn’t help yourself. Now, you’ve been arrested for driving under the influence of alcohol. Many people are aware of DUI laws, but the complicated legal process is very unfamiliar to most people. So what happens after you’ve been arrested for DUI…
Read MoreWhat to Do if a Medical Hold is Placed on Your Driver’s License
What exactly is a medical hold on your driver’s license? If you have a certain medical condition, the Department of Motor Vehicles may suspend or revoke your privilege to operate a vehicle. A medical hold is a probationary period in which the DMV determines whether you, as a result of your medical condition, are fit and physically able to drive. If the DMV believes you are not fit to drive…
Read MoreWhat is a Rebuttable Presumption and How Does it Come into Play with a DUI? California Vehicle Code Section 23152
In California, it is a crime to operate a vehicle with .08 percent or more (by weight) of alcohol in his or her blood [California Vehicle Code Section 23152(b)]. California Vehicle Code Section 23152(b) further states that it is a rebuttable presumption that the person had 0.08 percent blood alcohol level, if a chemical test was performed within three hours after driving, which resulted in a 0.08 blood alcohol level…
Read MoreDriver’s Medical Evaluation (DME) and Medical DMV Hearings
Elderly individuals and those suffering from certain medical conditions may face driver’s license suspension or revocation if they pose a threat to public safety. In order to assess medical conditions that may affect your ability to drive safely, the DMV may require drivers to complete a Driver’s Medical Evaluation (DME). If your driver’s license is suspended or revoked at a DME hearing, you can fight to keep your license at…
Read MoreHow Do I Keep My Driver’s License after a DUI Arrest? (CVC 23152)
If you are arrested for DUI, the arresting officer will confiscate your driver’s license and issue you a temporary license. The officer will then forward a notice of suspension or revocation form, the confiscated driver’s license, and a sworn statement to the DMV. The DMV will hold a hearing to review the arrest. At the hearing, a DMV hearing officer will review the arrest report with the arresting officer’s sworn…
Read MoreWhat is a DMV Hearing? (Video)
A DMV hearing is part of the process you will go through if you are arrested for a DUI. Once you are arrested, an officer will take away your license and you will later be issued a temporary pink license. Once you are issued a temporary pink license, you have 10 days to set a DMV hearing. If you fail to set a DMV hearing, your driver's license will automatically…
Read MoreHow to Win Your DMV Hearing
A DUI arrest is a stressful event for many reasons, one of which is that it triggers two separate legal proceedings: a case in criminal court and an administrative hearing with the DMV for the suspension of your license. Upon arrest, the officer will take away your driver’s license. Unless you can show that there is no basis for doing so, the DMV will suspend or revoke your license.1 Proving…
Read MoreHow to Obtain a Restricted License in California after Being Charged with a DUI
In Southern California, having a driver’s license is a virtual necessity. You need it to be able to get to and from work, school, and other important activities. Losing your driving privileges, even temporarily, can make it difficult to perform your daily routine, including fulfilling your work and personal obligations. That is why it is important to know that you can obtain a restricted license in California if you were…
Read MoreCan I Get a Restricted Driver’s License If I Am Convicted Of A DUI?
Can I Get a Restricted Driver’s License If I Am Convicted Of A DUI? Generally speaking, your driver’s license will be suspended by the DMV if you are convicted of a DUI. If you are convicted of your first DUI under California Vehicle Code 23152, you have the option of obtaining a restricted driver’s license. However, the requirements to obtain a restricted driver’s license and maintain it are strict. If…
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