How They Prove A Suspect Is Driving Under The Influence Of A Drug – CVC 23152 (a)
How They Prove A Suspect Is Driving Under The Influence Of A Drug – CVC 23152 (a)
How They Prove A Suspect Is Driving Under The Influence Of A Drug - CVC 23152 (a) A common question when facing allegations of driving under the influence of drugs (CVC 23152(a)) is, how does the prosecution prove that a suspect was “under the influence” of a narcotic? Proving that a defendant was under the influence of a drug requires proving that the substance involved impaired driving. It is important…
Read MoreHow Is A Marijuana DUI Different From an Alcohol DUI? (CVC 23152(a)
When most people think of DUI cases they automatically think of people who get caught drinking and driving. However, over the past several years there has been an increasing number of arrests in Riverside for DUI’s based upon marijuana consumption. No DMV Suspension The DMV cannot legally suspend your license for a DUI arrest based entirely on marijuana or other drugs. However, in order to avoid the suspension you should…
Read MoreWhat You Can Do To Ensure You Don’t Lose Your Driving Privileges After A DUI Arrest? (CVC 23152)
Wallin & Klarich attorneys have handled thousands of DUI cases over the last 32 years. We are highly skilled at dealing with DUI cases as well as winning DMV hearings for our clients. We give both aspects of your case attention because we know how important your license is to you. We have been practicingDUI defense in Riverside County for decades and are very skilled in the procedures of the…
Read MoreProof of Lawful DUI Arrest Is Required at California DMV Hearing (CVC 23152)
Proof of Lawful DUI Arrest Is Required at California DMV Hearing (CVC 23152) Before the California DMV can revoke your driver’s license, due to a California DUI arrest, there must be proof that you were “lawfully arrested.” A lawful arrest only takes place if the arresting officer can provide sufficient facts and evidence to establish probable cause. Allegations of a traffic violation is not, in of itself, probable cause to…
Read MoreLaguna Beach DMV Hearings and DUI Defense Attorneys
Laguna Beach DMV Hearings and DUI Defense Attorneys If you are arrested for driving under the influence of drugs or alcohol in Laguna Beach your driver’s license will be taken away by the arresting officer. You then have only 10 days to schedule a hearing with the DMV for the DUI charge. If you fail to schedule a hearing with the DMV you will lose your license and driving privileges…
Read MoreThe DMV must grant a restricted license to driver who had been suspended for 90 days for driving under the influence twice in 10 years
The First District Court of Appeal, Division Three, Matteo v. DMV (Case No. A130542) – an appeal from a trial court order directing petitioner California State Department of Motor Vehicles (DMV) to grant respondent Matteo a restricted drivers license based upon his compliance with Vehicle Code section 13352, subdivision (a)(3), as amended effective July 1, 2010, a date occurring after Matteo’s commission of a drunk driving offense but before his…
Read MoreWhat Can Happen to You if You Miss Your DUI Court Date
When you are arrested for a DUI or any other crime, if you are released without bail you sign a written promise to appear on a specific date. When you fail to appear on that date that can act as a separate crime for failure to appear which is a misdemeanor offense and can result in a jail sentence. In addition when you fail to appear the court will issue…
Read MoreWhy You Need an Attorney Present at your DMV Hearing
Absolutely you should take an experienced DUI attorney to the administrative hearing at the DMV. Having an attorney represent you at a DMV hearing is a right that you have. This can also make the difference between saving your license and your privilege to drive a motor vehicle or not. The DMV will automatically suspend your license 10 days after you are arrested for a DUI offense in California. Within…
Read MoreDo Orange County Police Go Easy On DUI Arrests?
Do Orange County Police Go Easy On DUI Arrests? When you are charged with driving under the influence, you face serious ramifications if you are found guilty. A Orange County DUI lawyer is necessary to protect your rights and ensure that you are properly guided through the confusing criminal justice system. Upon your arrest for suspicion of DUI, there are two entities that can take your license; the Department of…
Read MoreI lost my license when I got arrested for DUI. What can I do? – California Penal Code Section 23152 (a) & (b)
In California, people who are arrested for driving while under the influence (DUI) of drugs or alcohol face the possibility of losing their license for up to six months. When the DMV is notified of your arrest, it will likely suspend your driving privileges, which essentially means you will not be able to legally drive a motor vehicle on California highways. After you are arrested for a DUI, you have…
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