Best Defenses to DUI Charges in Ventura (CVC 23152)
Best Defenses to DUI Charges in Ventura (CVC 23152)
If you are convicted of DUI in Ventura, the punishment you face could be very severe. A first-time DUI offense carries a sentence of up to six months in county jail and fines of up to $1,000 under VC 23152. With penalty assessments, your actual fine could total up to $2,000. In addition, the DMV will suspend your driver's license for up to six months pursuant to California Vehicle Code…
Read MoreI Am Being Charged With DUI Causing Injury in Orange County – CVC 23153(a)
I Am Being Charged With DUI Causing Injury in Orange County - CVC 23153(a) DUI causing injury cases are treated very seriously by law enforcement and prosecutors. It is absolutely critical that you contact an experienced DUI defense lawyer to discuss your case and available defenses. Prosecution for DUI Causing Injury To convict you for DUI causing injury, the prosecution must prove that: You drove a vehicle When you drove…
Read MoreCan My Prescription Be A Valid DUI Defense? (California Vehicle Code Section 23152(A))
Can My Prescription Be A Valid DUI Defense? (California Vehicle Code Section 23152(A)) Having a doctor’s prescription for Vicodin or any other legal drug is not a valid defense to a charge of driving under the influence. California Vehicle Code section 23152(a) clearly states that it is against the law to operate a motor vehicle when you are under the influence of a drug. The law does not make any…
Read MoreWhen DUI Manslaughter (PC 191.5b) Becomes DUI Murder (187)
Because California possesses some of the toughest DUI penalties in the nation, it is vital for a person who is charged with a crime related to driving under the influence to have a Los Angeles DUI attorney in his or her corner. This is even more important when the individual has a prior DUI conviction. Taking to the road while intoxicated has become such a significant problem, particularly in more…
Read MoreRising Blood Alcohol Defense May Help You Win Your DUI Case (CVC 23152(a))
Rising Blood Alcohol Defense May Help You Win Your DUI Case (CVC 23152(a)) The use of circumstantial evidence is heavily relied upon the prosecution in order to prove the elements of a crime when direct evidence such as witness observations of the crime or confessions from the defendant are not available. In DUI cases, it is important to remember that the prosecution must not only prove that you were driving…
Read MoreYou Don’t Have to be “Drunk” to get a DUI Conviction
You Don't Have to be "Drunk" to get a DUI Conviction Remember, there are two ways to be convicted of DUI in Orange County: 1. Failing to operate a vehicle with the same caution characteristic of a sober person under the same or similar conditions (being an impaired driver as the result of drinking or taking drugs); or 2. Driving a vehicle while having .08% or more, by weight, of…
Read MoreAn Explanation of the Rising Blood Alcohol Defense
An Explanation of the Rising Blood Alcohol Defense There are two elements to the crime of DUI in Southern California that must be proven in order for you to be found guilty. First you must have been driving and second, you must have been over the legal limit AT THE TIME OF DRIVING. One defense that your DUI defense lawyer can use to fight your DUI charge is known as…
Read MorePost-Accident Alcohol Consumption is a Real DUI Defense
Post-Accident Alcohol Consumption is a Real DUI Defense Post-Accident Alcohol Consumption is a common Orange County DUI defense argument applicable in certain DUI fact pattern scenarios. The availability and effectiveness of this defense will depend upon the surrounding facts and circumstances of your case. More specifically, the following are critical to a defense argument that the defendant consumed alcohol after an accident: Whether it is reasonable to assume that alcohol…
Read MoreWhy You Need An Experienced Santa Ana DUI Attorney
Why You Need An Experienced Santa Ana DUI Attorney If you have been arrested for a DUI in Santa Ana, California, then you will be facing criminal charges in court and will also face a separate case with the DMV who will try to suspend or revoke your license. Due to the potential consequences of having a criminal record, losing your driving privileges, and potential jail time, it is always…
Read MorePolice May Not Lawfully Stop a Driver for Failing to Use Turn Signal
Most DUI arrests begin with a traffic stop. Once you have been pulled over, the police officer may conduct an investigation, after which they may arrest you and charge you with driving under the influence. An officer needs probably cause to pull you over though. In other words, you need to have violated a traffic law for the stop to be legal. An experienced Orange County DUI lawyer can determine…
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