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  • Field Sobriety Tests: Does Everyone Fail?

    A Standard Set of Tests California law enforcement uses standardized field sobriety tests during roadside DUI stops. The tests, which are little understood, do not garner much public support. Many claim they are invasive and are designed to fail. Many factors can influence their reliability, and it’s important to keep that in mind if you are facing DUI charges. Now, let us take a look at how these ...
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  • Will My Driving Record Affect My DUI DMV Case?

    A Bad Track Record California courts take DUI cases seriously. The court imposes mandatory minimum penalties and rarely exercises leniency when it comes to sentencing defendants. And if there are any aggravating factors, those penalties increase even more. One such factor that can influence the outcome of a DUI case is the defendant’s driving record. The extent to which a driving record will ...
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  • 5 Things You Should Never Do At a DMV Hearing

    Don’t Sabotage Your Chances You should be at your best at your DMV DUI hearing. A lot is at stake, and you only have a limited amount of time to prove your license should not be suspended. To give you a better chance of prevailing, here are five things you absolutely shouldn’t do at your DMV DUI hearing. Confuse Your Criminal Court Proceedings With Your DMV Proceedings This is a mistake defendants ...
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  • How to Subpoena for Evidence in Your DUI Case

    A subpoena is an order used to obtain evidence for a court case. You, as the defendant, have a right to present evidence to the court in your defense. You can use a subpoena to get this evidence. The prosecuting attorney also has the right to gather and submit evidence. If you take your DUI case to trial , you and the prosecutor will both collect and submit evidence through the process of ...
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  • Not Guilty of a DUI? Think Twice Before You Get Behind the Wheel

    Navigating Your DMV Case The California Department of Motor Vehicles suspends the license of anyone arrested for a DUI. The suspension is automatic under the Admin Per Se law. The suspension starts 30 days after the date of the arrest. This process is separate from the criminal court process. Even if you are found not guilty of a DUI by the criminal court, the DMV may still suspend your license. ...
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  • Labor and Employment-Based Jail Alternatives

    Finding a Way Out When people are facing criminal charges, one of their first thoughts is “will I go to jail?” Understandably, the answer to this question can have a huge impact on your life. Jail can affect your ability to work, take care of your family, and maintain your ties to your community. With so much at stake, it’s easy to fear a potential jail sentence. You need to speak with a criminal ...
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  • What Is Offensive Touching?

    When Touching Crosses the Line Battery is a common California criminal charge. One of the reasons it is so common is the statutory language covering battery law casts a wide net. The law is not written to cover just acts of violence such as punching someone and giving them a black eye. In fact, California battery law prohibits any type of harmful or offensive touching of another person. Offensive ...
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  • An Officer’s Word: Can I Subpoena the Arresting Officer?

    Getting the Information You Need When facing criminal charges, you should obtain all relevant information about your case, including documents and other pieces of evidence and testimony. Having as much information as you can help you build a strategic defense. Without knowing what you are up against—and what advantages you have—it’s hard to properly prepare to fight your charges. In some cases, ...
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  • Domestic Violence by Default: When Your Child’s Parent Is Involved

    Who Is the Victim? People typically think of domestic violence as a crime between two intimate partners such as spouses, girlfriends, or boyfriends. In reality, California domestic violence laws are more comprehensive. Under California law, an act of violence or abuse can be considered domestic violence if it is perpetrated against any of the following: A current or former spouse A current or ...
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  • Have a Class C License? What to Do After a DUI Arrest

    Commercial Risks Class C commercial drivers’ licenses permit you to drive a wide range of heavy load, two and three axle vehicles as well as those carrying hazardous materials. Vital to our economy, these drivers help support many industries such as logistics, construction, and energy. If you have a class C commercial license, your very career depends on your ability to keep your license valid. If ...
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  • Sobriety Checkpoints and Marijuana Use: A New Situation

    New Technologies for New Law Enforcement Problems California is one of the many states that use sobriety checkpoints to crack down on DUIs. Typically, motorists who are stopped are asked a few questions and may be asked to submit to a field sobriety test or a blood alcohol concentration (BAC) test. These tests can easily catch drunk drivers, but what about drugged drivers? With the recent ...
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  • Internal Injuries and Corporal Injury Charges

    Investigating Injuries Corporal injury to a spouse is one of the more serious California domestic violence charges. It differs from domestic battery in that the alleged victim must have suffered a traumatic condition for the defendant to be guilty. Loosely defined, a traumatic condition is an injury. Legally defined, a traumatic condition is: “A condition of the body, such as a wound, or internal ...
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  • A Look at the Use of Warrants During DUI Stops

    Your Rights and Protections Both State and Federal Constitutions protect you from unreasonable search and seizure . Legally defined, unreasonable search and seizure is a search without a warrant or probable cause. But in California DUI stops, it is not uncommon for this right to be violated or sidestepped. Many people wonder whether an officer needs a warrant issued by a judge to search a car ...
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  • Serious Juvenile Offenses and Record Sealing

    Moving on From Your Early Mistakes Making a mistake in your youth shouldn’t reflect on your character as an adult. But a juvenile record can follow you into adulthood. Courts, law enforcement, employers, landlords, and other agencies may have access to your juvenile records. While some records of juvenile offenses are automatically sealed, many others are not. And, contrary to popular belief, all ...
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  • Aggravated Domestic Battery: The Important Elements

    Complicating Factors Domestic battery is one of California’s domestic violence offenses. Battery is a misdemeanor charge . Although misdemeanors are less serious than felonies , there are certain things that can increase the seriousness of a battery charge. In light of such aggravating circumstances, the offense can be charged as aggravated battery. But aggravated battery is not a domestic ...
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