May

Blog Posts in May, 2015

  • Auto Burglary and Criminal Intent

    Burglary is composed of two parts. Burglary happens when someone breaks into or otherwise unlawfully enters a home or vehicle. This person also has to have the intent to commit a felony. Auto burglary occurs when someone breaks into or otherwise unlawfully enters someone's locked car with intent to commit theft or another crime that is a felony. This could include stealing an item in the car or ...
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  • What to do When Pulled Over for a DUI

    Being pulled over for a traffic offense is stressful, whether it is speeding or drinking and driving. You might not know why you are being pulled over and that can add to the stress of the situation. When an officer suspects you have been drinking and driving , they will pull you over and then first go through a series of steps to first identify whether or not you have been drinking, second, ...
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  • Wet Reckless Driving

    Driving after drinking can lead you into some pretty serious consequences. You may be aware of common DUI laws and the standard sentencing for a DUI; you probably know a few people who have gotten them. California's DUI laws are bound to alcohol content percentages so you might think being right below the .08% BAC reading non-commercial and of legal age drivers, you'll be ok. However, it is always ...
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  • The Role of a Police Report in a DUI Case

    When arrested for a DUI, the arresting officer will fill out and file a police report, also sometimes called an incident or crime report, to document the arrest and the crime. This is both for administrative purposes as well as to catalog the basic and immediate facts of the case for further review by the court system. The report is given to the prosecutor and the criminal court before being sent ...
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  • Restricted License Suspensions

    For certain driving and/or alcohol related offenses in California, you may have your driver's license suspended for a period of time. Your license can either be hard suspended or restricted suspended. For DUI offenders, a special program will handle your suspension according to state wide mandatory suspension laws. These suspensions are automatic under the Admin Per Se or "on-the-spot" suspension ...
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  • Plea Bargaining and DUIs

    The California courts see DUI convictions every day. With strict DUI laws that base convictions around blood alcohol concentration, or BAC, levels, a fraction of a percentage point in a BAC reading can make a huge difference in someone's life. It can mean the difference between thousands of dollars in fines, jail time, a criminal record and all the long-term costs of having a criminal record and ...
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  • Hit and Run Charges

    Getting in or causing a collision can be stressful. Depending on the severity of the accident, the police could be called and if you caused the accident, you will have to deal with the ramifications such as insurance liability, increased insurance rates, possible court battles, possible criminal charges and sometimes a lot of out of pocket expenses. Dealing with facing all that after just being in ...
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  • Hard License Suspensions

    If you are arrested for a DUI, your license will be automatically confiscated by your arresting officer. You will at that time be issued an official notice of your suspension, called an Order of Suspension/Revocation. When you get your Order, you will also be issued a temporary license, which is valid for only 30 days from the date it was issued. After this date, you no longer have any of your ...
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  • Fourth or Subsequent DUI

    California has high DUI rates and high rates of DUI recidivism. Legislature, over the years, has led to more DUI laws with more defined and harsher penalties. First time offenders are given a fairly standard sentencing however multiple DUI offenders are punished for their recidivism. While the penalties for a first DUI in California are indeed harsh, they are built to be as manageable as they can ...
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  • False Positives and IIDs

    As part of your DUI sentencing, you may be ordered to install an Ignition Interlock Device , or IID, in your car. If you were charged in Alameda, Los Angeles, Sacramento or Tulare counties, you will be automatically ordered to install an IID under the Ignition Interlock Device pilot program . IIDs are devices you have installed in your car ignition. They require you blow a breath sample in order ...
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  • DUIs and Employment

    Finding a job can be hard enough and having a DUI on your criminal record can be a source of anxiety when you are job hunting. Many employers do standard background checks for all employees and may discriminate against you as an offender. There are several reasons why an employer may not want to give you a chance, if you have a DUI on your record. For one, it may be company policy that your ...
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  • DUI Checkpoints

    The State of California has strict DUI laws and takes many actions to reduce DUI offenses and DUI recidivism. DUI checkpoints, also called sobriety checkpoints or roadblocks, are a way to identify and catch drunk drivers but also a way to deter drinking and driving. DUI checkpoints are stopping or check points where the police stop the flow of traffic and check drivers for signs of intoxication. ...
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  • DMV Proceedings After a DUI

    Being charged with a DUI in California will put in motion two processes. One is your case in the criminal court system. You will be tried in a criminal court and the conviction will show up on your criminal record. The second process is through the DMV, which handles DUIs independently of the courts. The DMV is only concerned with your driving privileges and, when it appears you have abused those ...
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  • Disorderly Conduct Charges

    Conducting your self in a disorderly manner, under California Penal Code 647 , can result in a misdemeanor charge of disorderly conduct. Disorderly conduct is not just being out of order; it actually covers a range of actions and behaviors. It is an umbrella charge, so to speak, for otherwise just being a public nuisance, disrupting the peace or putting others' safety at risk. You can be charged ...
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  • Court Ordered Ignition Interlock Devices (IID)

    When you are convicted with a DUI, you might be ordered to install an Ignition Interlock Device (IID) in your car. IIDs are installed into your ignition in your car. They require you blow a breath sample with no traces of alcohol in it before starting your car and periodically while driving. You will have to have it installed by a certified installer and provide proof to the court of its ...
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  • Court Ordered Drug and Alcohol Evaluations

    As part of your sentencing for a drug or alcohol related charge , the court may order you to complete a drug and alcohol evaluation or assessment, along with other penalties . If your charge involved driving, you may also be required to get evaluated to have your license reinstated. You can also be ordered to get an evaluation as part of a family law matter, like an adoption or custody case. Drug ...
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  • Challenging the Three Strikes Law

    The Three Strikes Law is perhaps one of the most well known and talked about laws. The Three Strikes Law dictates that with three "strikes" against your criminal record, with strikes being considered as serious felony convictions, you may face a prison sentence of 25 years to life. Similarly, under the Three Strikes Law, a defendant with one prior serious felony on their record may face a doubled ...
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  • Factors in Calculating Your Blood Alcohol Concentration

    Your Blood Alcohol Concentration, or BAC, is a measurement of how much alcohol is in your blood. It can be measured through a breath test with a Breathalyzer or by a blood test, one of which you a required to take if pulled over for drunk driving. DUI laws are based on BAC readings so it is in your best interest to become familiar with calculating your BAC. This is not just so you can avoid ...
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  • DUIs and Commercial Drivers

    Drinking on the job, while acceptable in some professions, is dangerous to do if you drive a commercial vehicle as part of your work. Having a beer with lunch might be fine for some people, but those with certain job duties can land themselves in serious trouble for taking the same liberty. The BAC limit for DUIs in California is .08% for most drivers, however you only need to have a .04% BAC ...
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  • Online Domestic Violence

    Domestic violence does not have to be limited to physical violence within the family home. Today, with family situations becoming increasingly diverse and with more people communicating online, domestic violence can be found wherever you are in contact with a close family member or someone you've been in an intimate relationship with. Where there is contact between people, there can be violence ...
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  • Resisting Arrest

    Getting arrested is a stressful experience. It is understandable to not fully understand the process or make poor decisions under this kind of distress. Resisting arrest, however, is a chargeable crime and it takes less than you think. You may have a possible defense in court if you feel you were being falsely accused of a crime, arrested unjustly and/or you were simply acting in self-defense to ...
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