DUI

Recent Posts in DUI Category

  • Who Oversees a DMV Hearing?

    Legal Proceedings DMV hearings are administrative proceedings separate from the criminal court. Generally speaking, a hearing is a brief proceeding used to establish certain facts or issues relevant to the case. Typically, a hearing involves both the presentation of evidence and arguments. On these points, DMV hearings are similar to court hearings. But DMV hearings are heard before an ...
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  • How Do I Find Out if My License Is Suspended?

    Driving on a suspended license is a serious offense in California that can result in fines and even jail time. But believe it or not, many people are caught driving on a suspended license and argue they didn’t know about the suspension. To make sure you aren’t caught unaware, you should learn about how license suspensions are handled in California and how to figure out if your license is ...
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  • Stay Informed: Summer Sobriety Checkpoints

    Summertime Sobriety Checkpoints Sobriety checkpoints are ubiquitous in summer months across the State of California. Summer, with its holidays, festivals, and other events and activities, can result in more drunk drivers on the road. California operates around 2,500 sobriety checkpoints across the state year round, more than almost any other state. What this means for California drivers are more ...
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  • DUI Accidents: The Consequences of a Conviction

    A DUI With Complications Many factors can affect a DUI case in California. One of the more significant ones is whether you caused an accident, injured someone, or damaged property while driving under the influence. If you caused a minor accident and no one was injured, you will probably only face a DUI charge, but don’t expect to get a minimum sentence. When you cause an accident and injure ...
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  • How to Fight Your Negligent Operator Status

    When Your Status Changes The California Department of Motor Vehicle’s Negligent Operator Treatment System keeps tabs on all Californian drivers. Acting as a centralized database of driving records, the system assigns points for driving code violations and accidents and takes action when a driver incurs too many points in a specified period. If you incur four driving points within 12 months, six ...
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  • Defenses to Driving on a Suspended License Charge

    Driving Without the Right The California Department of Motor Vehicles (DMV) can suspend or revoke your license for many reasons , some of which are unrelated to driving. Many people need a car to get around California where public transportation is lacking, and this creates a problem. If you need a car to work and take care of your family, but your license is suspended, what are your options? If ...
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  • Dealing With DUI Proceedings as a Freight Trucker

    When Your Career Is on the Line The future of freight is changing as the push to get self-driving trucks on the road continues. Eventually, freight truckers might face job insecurity because of this new technology, but until we reach that point, truckers are a vital part of our economy. Freight truckers supply the State of California and the country with valuable goods and products. Perhaps ...
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  • Criminal Traffic Violations

    Infractions vs. Criminal Convictions Not all traffic tickets are created equal. Traffic citations (i.e. tickets) can vary in seriousness from simple “fix-it” tickets for non-moving violations to criminal traffic violations for offenses such as driving under the influence or reckless driving. And, as you might assume, the consequences for traffic citations can vary quite a bit as well. For some ...
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  • Reckless Driving and Your Commercial License

    Commercial drivers in California are held to higher standards than non-commercial drivers are, both on and off-duty. A commercial driver’s entire career can be on the line if he or she does not drive safely at all times. Unfortunately, they face an increased risk of committing traffic offenses due to the sheer amount of time these drivers put in behind the wheel and the challenges they face on the ...
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  • Witness Testimony and DMV Administrative Hearings

    Defending Yourself at the DMV If you are facing DUI charges, you will be involved in two separate proceedings: the criminal court process and the DMV administrative process. The DMV is only concerned with your driving privileges. As a DUI defendant, you have a right to request an administrative hearing from the DMV. At this hearing, you will have the chance to challenge the DMV’s decision to ...
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  • DMV Proceedings and Your Rights

    Your Legal Rights According to both the state and federal constitution, you have a right to due process of the law . That right applies to both criminal and civil court and administrative systems, such as the California Department of Motor Vehicles. The DMV must provide a hearing before taking action against your driving privilege, just as you have a right to a hearing before you are convicted in ...
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  • Common Reasons for California License Suspensions

    It Takes Less Than You Think to Lose your License in California Driving in California is a privilege, not a right. The California Department of Motor Vehicles (DMV) oversees the driving privileges of California residents and can issue, suspend or revoke licenses. The DMV can suspend your driving privileges for many reasons, not all of which are related to driving. If your driving privileges are ...
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  • New Testing for Drugs During DUI Stops

    Changing Times Call for A New Method Public opinion on the safety of marijuana has grown in recent years, which has prompted the legalization of recreational use . Though many agree marijuana is a relatively safe substance to use, law enforcement argues recreational use is not safe when driving. Accordingly, the legalization of marijuana is cause for concern for California law enforcement, which ...
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  • How to Get a Stay of Your License Suspension

    Putting Your License Suspension on Hold If you’ve received notice that the California Department of Motor Vehicles (DMV) will suspend your driver license , you might be wondering what, if anything, you can do to keep your license. You might have a specified period of time before your suspension goes into effect. Take advantage of this time, and speak with an attorney. You might be able to save ...
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  • Understanding the California DMV Point System

    Tracking Unsafe Drivers To keep tabs on dangerous drivers, the California Department of Motor Vehicles (DMV) operates the Negligent Operator Treatment System (NOTS). Under the NOTS, the DMV assigns points to traffic code violations that involve or affect safely operating a vehicle. These points are added to motorists’ driving records and can prompt action from the DMV. How the Point System Works ...
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  • DUI Convictions and Rideshare Driver Eligibility

    DUIs and Missed Opportunities The consequences of a California DUI conviction are far reaching. Missing out on certain employment opportunities is just one of them. Driving for rideshare services such as Uber and Lyft is an easy way to make some extra money, but a DUI conviction can jeopardize your ability to drive for one of these companies for several years to come. Currently, California ...
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  • Evidence and Your DMV Administrative Hearing

    An Administrative Review A California driver who has received notice from the DMV regarding action taken against his or her driving privileges (e.g. a suspension) may request an administrative hearing to challenge the action. Administrative hearings differ from court hearings in several ways. They are less formal, heard in front of a hearing officer rather than a judge in a courtroom, and are ...
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  • What Is a Habitual Traffic Offender?

    The Penalties for Points Think driving is a right? Think again. In California, driving is a privilege. And if you take advantage of that privilege, it can be suspended or revoked. If you continue to drive and accumulate more points on your driving record while your privilege is suspended or revoked, you can be designated as a habitual traffic offender. This is more than just a title. Habitual ...
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  • DUIs and Drugs: What Substances Can Land You in Jail

    Drugged Driving Under California law, it is illegal to drive under the influence of any drug, under Vehicle Code 23152 (f) . With the advent of medical and now recreational marijuana, authorities have stressed this section of California DUI law in an attempt to dissuade drugged driving. But it’s more than just driving under the influence of alcohol and marijuana that can result in a DUI charge. ...
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  • Navigating DUI Pre-Trial Proceedings

    Steps Prior to Trial There are many stages in a DUI criminal case, beginning with the arrest and ending, in some cases, with a trial. Now, not all cases that are on the trial track actually make it there. In many criminal cases, a deal can be worked out before trial, thus saving both the defense and the prosecution from the cost and involvement of trial. And, deals worked out on the way to trial ...
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  • Just the Facts: Issues Addressed at DMV Administrative Hearings

    Two Actions: The DMV and the Court As part of any DUI case, there are two separate legal processes taking place: the criminal court process and the DMV process. The DMV process is administrative. Unless you request a DMV administrative review hearing, the DMV will automatically suspend your license is you are arrested for a DUI. You don’t to be convicted for this to happen. If you request a DMV ...
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  • Do Sobriety Checkpoints Target Certain Drivers?

    Checkpoint Rules Many people are arrested at the 2,500 or so sobriety checkpoints California operates throughout the state every year. For those facing DUI charges from a sobriety checkpoint stop, it is important to know and understand your rights as well as the legal requirements sobriety checkpoints must adhere to. One of the most important of these requirements pertains to whom police officers ...
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  • What Delivery Drivers Should Know About DUI Convictions

    CDLs and DUIs If you are a commercial driver such as a delivery driver, being convicted of a DUI introduces special considerations, even if you were driving off-duty and in your own vehicle. Not only can you lose your license , your job might be on the line as well. And commercial drivers can be held to a higher standard that non-commercial drivers when it comes to DUIs. The blood alcohol ...
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  • How Long Must I Have an IID Installed in My Car?

    Restricting Your Driving If you get a DUI conviction in Alameda, Los Angeles, Sacramento or Tulare counties, the court will order you to install an ignition interlock device (IID) in any car you own or drive. Installing an IID will cost you in both time and money. Not only will you need to pay for the installation and rental of the device, but you will also have to take your car in at least every ...
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  • How Does the Prosecutor Prove Intoxication By a Drug?

    Drugs and DUIs When it comes to California DUI laws, driving under the influence of many substances is illegal. Alcohol is just one of these, albeit a very common one. Many other controlled substances, such as over the counter drugs , illicit drugs or even prescription drugs have the potential to affect a person’s ability to drive as safely and with as much caution as a sober person would under ...
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