What Can Happen To Me If I Was Arrested For A DUI And The Police Officer Took My Driver’s License?
What Can Happen To Me If I Was Arrested For A DUI And The Police Officer Took My Driver’s License?
What Can Happen To Me If I Was Arrested For A DUI And The Police Officer Took My Driver's License? ________________________________ Driving under the influence (DUI) is a serious offense in Southern California. You can be found guilty if the prosecutor can prove beyond a reasonable doubt that you were operating a motor vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of…
Read MoreDUI Checkpoints in Irvine: Your Rights and How to Handle Them
DUI Checkpoints in Irvine: Your Rights and How to Handle Them DUI checkpoints are legal in California and are used to deter and catch intoxicated drivers. They are typically set up in areas with high rates of drunk driving accidents or during holidays and special events when there may be an increase in alcohol consumption. Choosing Wallin & Klarich to represent your case puts you in a better position to…
Read MoreVehicular Manslaughter vs. Vehicular Homicide
Vehicular Manslaughter vs. Vehicular Homicide In California, the difference between vehicular manslaughter and vehicular homicide lies in a few legal nuances. Vehicular manslaughter is defined as an unlawful killing that took place due to negligence or criminal recklessness. In other words, if the driver was behaving negligently or recklessly when a fatal accident occurred, they can be found liable for vehicular manslaughter. On the other hand, vehicular homicide is defined…
Read MoreHow 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…
Read MoreCan I Really Be Convicted Of A DUI For Taking Ambien Or Other Drugs My Doctor Prescribed For Me? (CVC 23152a)
Can I Really Be Convicted Of A DUI For Taking Ambien Or Other Drugs My Doctor Prescribed For Me? (CVC 23152a) You’re having trouble sleeping, so you go to your doctor and she prescribes you Ambien. Later that evening, you take a pill. Then, you realize you need to run a quick errand, so you get in your car and drive. Suddenly, you see flashing red lights behind you. You…
Read MoreHow Attorneys Defend Those Charged with DUI Causing Injury (VC 23153)
How Attorneys Defend Those Charged with DUI Causing Injury (VC 23153) Driving under the influence of drugs or alcohol is by itself a serious crime, but if your driving under the influence causes an injury or death to another person, you can be punished more severely. If you are facing charges of DUI causing injury under California Vehicle Code Section 23153, you might think you have no defense. However, an…
Read MoreHow Do Police Determine Impairment for Marijuana?
How Do Police Determine Impairment for Marijuana? Marijuana use is now legal in California, but is still illegal to drive while under the influence of marijuana. So, how do police determine that you are “under the influence” of marijuana? Let’s explore how police determine impairment in DUI marijuana cases. No BAC Test for Marijuana In DUI cases involving alcohol, police will likely administer a breath test. If your blood-alcohol content…
Read MoreShould California’s Cops Carry “Spitalyzers” for Drugs?
If you are a driver, you are probably aware that police use Breathalyzers to test a suspected alcohol-impaired driver’s breath to determine if the driver has been drinking. These breath-testing devices currently do not test for drugs other than alcohol, but if the California legislature approves a change to the law, the cops may be carrying “spitalyzers” to do the same kind of test for drugs. Recently, Sacramento lawmakers…
Read MoreShould California Adopt the Marijuana Breathalyzer?
California law enforcement could greatly benefit from Breathalyzer technology that is able to detect both alcohol and drugs. Unlike alcohol, it is far more challenging for law enforcement to quickly and accurately determine driver impairment due to drug use. According to a recent study, researchers indicate that there is an ability to identify the presence of THC in users for limited periods of time following subjects’ inhalation of marijuana. Much…
Read MoreShould the NFL Give Harsher Suspensions for DUI?
Recently, it was reported that Cleveland Browns wide receiver Josh Gordon could be suspended for the entire 2014 NFL season after testing positive for marijuana. Gordon, who led the league in receiving yards last season, is reportedly being shopped for trade by the Browns because of his most recent positive drug test. Gordon was suspended for two games during the 2013 season for his first positive marijuana test.1 The NFL’s…
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