Evaluating the constitutionality of a drunk driving tip to the police
Evaluating the constitutionality of a drunk driving tip to the police
Evaluating the constitutionality of a drunk driving tip to the police What Is The "Public Safety" Exception To The Fourth Amendment? An anonymous and uncorroborated phone tip about a potential drunk drivermay trigger the "public safety" exception to the Fourth Amendment, even where the police do not independently observe anything unusual about the motorist or his driving prior to the enforcement stop In People v. Saldana (2002) 101 CA4th 170,…
Read MoreWhat You Need To Know About DUI in Los Angeles – California Vehicle Code Section 23152
Los Angeles is the second largest city in the United States and is home to a diverse population of citizens. Being a large metropolis, Los Angeles is not immune to crime. Crime in Los Angeles varies from minor offenses to murder, and everything in of the most common crimes people are charged with in Los Angeles is drunk driving. Someone accused of DUI in Los Angeles will need the help…
Read MoreDriving Under the Influence of Drugs – California Vehicle Code 23152
Driving Under the Influence of Drugs - California Vehicle Code 23152 KTLA reported on a recent story that ended with a mother being charged with child endangerment and driving under the influence of drugs. The woman was allegedly on migraine medication and driving her daughter to school. The woman was driving at high speeds as well as weaving and going off of the road. The 11 year old girl in…
Read MoreUnder the Legal Limit but Still Got Arrested for DUI – CVC 23152
Under the Legal Limit but Still Got Arrested for DUI - CVC 23152 California has two separate laws for DUI. One provision criminalizes “driving under the influence of drugs or alcohol (or both),” while the other provision criminalizes “driving with a blood alcohol level of .08 or higher." Therefore, even if your blood alcohol level was under .08 at the time you were stopped, you may still be arrested and…
Read MoreHow to Rid Yourself of a DUI Conviction
How to Rid Yourself of a DUI Conviction A conviction for a DUI is an unfortunate event that can happen to the best of us. Its legal ramifications are serious – resulting in jail time, heavy fines, and the loss of driving privileges. Having a DUI conviction on your record can also be a source of embarrassment and can jeopardize your future employment or educational prospects. However, it is possible…
Read MoreImportant Facts About Open Container Laws in California: California Vehicle Code Sections 23221 and 23222(a)
In California it is a crime to have an open alcoholic container in your vehicle while you are driving. Sections 23221 and 23222(a) define the open container law in California. Section 23221(a) states that no driver shall drink any alcoholic beverage while in a motor vehicle upon a highway. Section 23221(b) states that no passenger shall drink any alcoholic beverage while in a motor vehicle on a highway. Finally, Section…
Read MoreHigh Number of DUI Arrests Over Christmas in San Diego County
High Number of DUI Arrests Over Christmas in San Diego County According to a report by San Diego 10 News, 496 people were arrested on suspicion of driving under the influence between December 16 and December 26 in 2009 in San Diego County. The report compared that to the total during the same time period last year and found that is was substantially higher than the reported 323 arrests in…
Read MoreDUI – The Sky is Not the Limit
DUI - The Sky is Not the Limit The sky is usually the limit, but not when it comes to DUI stops and your blood alcohol content. In California, driving a vehicle while impaired or driving a vehicle with a blood alcohol content over .08% can both result in misdemeanor criminal charges. A DUI conviction will often result in jail time, a required alcohol program, stiff fines and fees, and…
Read MoreWhat Constitutes “Driving” for Purposes of DUI Prosecution and Conviction
Whether or not a person was “driving” for the purposes of a DUI requires application of California Penal Code 836. Application of Penal Code section 836 to drunk driving cases nearly always involves a question of whether or not the defendant’s activities witnessed by the arresting officer (or other appropriate person) amounted to the act of “driving” as it is defined for these purposes. As for what acts constitute “driving,”…
Read MoreWill I Go to Jail for a Second DUI?
Will I Go to Jail for a Second DUI? If you are convicted of a second time DUI in California, your sentence will include 4 days of jail. For this offense, the law requires judges to sentence you to a mandatory minimum of 96 hours in custody. The DUI will count as your second if you had one other previous DUI conviction within the last ten (10) years. This is…
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