San Diego DUI Lawyers Blog

Understanding Evidentiary Hearings in Criminal Law

September 5, 2025 | The Law Offices of Susan L. Hartman

In criminal law, the term “evidentiary hearing” is frequently encountered, yet many people may not fully understand its significance or procedural intricacies. This post aims to clarify what an evidentiary hearing entails, its purpose within criminal proceedings, and its impact on the justice system.

What is an Evidentiary Hearing? An evidentiary hearing in criminal law is a legal proceeding in which a judge examines evidence and hears testimony to resolve specific factual disputes or to determine the admissibility of certain evidence before a trial. Unlike a full trial, an evidentiary hearing is typically more focused, addressing particular issues that may arise during the pre-trial phase of a criminal case.

Evidentiary hearings are especially common in cases involving motions to suppress evidence, challenges to the legality of arrests, or questions about a defendant’s mental competency. By evaluating the evidence presented, the judge can make informed decisions that can significantly influence the course of a case or the trial.

What is the Purpose of an Evidentiary Hearing? The primary purpose of an evidentiary hearing in criminal matters is to provide the court with a platform to assess evidence related to specific legal issues. Key objectives include:

Determining Admissibility of Evidence: A significant aspect of criminal proceedings involves the admissibility of evidence. An evidentiary hearing allows the judge to determine whether certain evidence was obtained lawfully and whether it meets the standards for admissibility under the rules of evidence.
Addressing Pre-Trial Motions: Criminal defense attorneys often file motions to suppress evidence, arguing some evidence was obtained in violation of the defendant’s constitutional rights. An evidentiary hearing provides a forum for the judge to hear arguments and examine the facts surrounding the evidence in question.
Resolving Factual Disputes: In cases where there are conflicting accounts or discrepancies regarding the facts, an evidentiary hearing allows the court to assess the credibility of witnesses and the reliability of their testimony, aiding in the establishment of factual clarity.
Promoting Fair Trials: By resolving preliminary issues before the main trial, evidentiary hearings help streamline the judicial process and ensure that trials focus on relevant and legally admissible evidence, contributing to a fair trial for the defendant.

California DUI Statute of Limitations: What You Need to Know

September 4, 2025 | The Law Offices of Susan L. Hartman

When it comes to a DUI arrest in California, one of the most common questions is: “How long does the state have to file DUI charges against me?” The answer lies in what is known as the statute of limitations—and if you’ve been arrested for DUI or fear you may be, understanding this legal time limit is essential to protecting your rights.

What Is the Statute of Limitations? In criminal law, the statute of limitations is the legal deadline for the government to file charges. If prosecutors fail to file a case before the statute expires, they may lose the legal ability to prosecute you. The idea is rooted in fairness. Over time, evidence fades, memories weaken, and witnesses disappear. The statute of limitations ensures that criminal charges are filed while facts are still fresh.

Statute of Limitations for DUI in California. How long the state has to file DUI charges depends on whether the case is charged as a misdemeanor or a felony.

Fighting a Traffic Ticket in San Diego Court

October 3, 2024 | The Law Offices of Susan L. Hartman

Traffic tickets can be a nuisance, both financially and in terms of your driving record. If you’ve received a traffic ticket in San Diego, you may be wondering whether it’s worth it to contest it. This blog will guide you through the process of fighting a traffic ticket in San Diego court, providing valuable insights and practical tips to help you navigate the legal system.

Traffic violations typically fall into two categories:

Infraction: Most traffic violations, like speeding or running a red light, are classified as infractions. They usually carry a fine and do not result in jail time.
Misdemeanor: More serious violations, such as reckless driving or DUI, are usually classified as misdemeanors and can result in harsher penalties, including jail time.

Read the Ticket Carefully

Before taking any action, read your ticket thoroughly. It contains crucial information, including:

The specific violation you are accused of
The date and time of the alleged offense
The court date and location
Instructions on how to contest or pay the ticket

Deciding Whether to Fight the Ticket

Before you decide to contest your ticket, consider the following factors:

The Evidence Against You: Evaluate the evidence provided by the officer. Was there a radar reading, a photo, or witness statements? If the evidence seems weak, you may have a case.
Potential Consequences: Understand the potential consequences of not fighting the ticket. Points on your driving record can lead to increased insurance rates and a possible license suspension.
Costs vs. Benefits: Weigh the cost of contesting the ticket (including court fees and potential attorney fees) against the potential benefits of reducing or eliminating the fine.

Steps to Fight a Traffic Ticket

Plead Not Guilty: If you decide to contest the ticket, you’ll need to plead “not guilty.” You can do this by appearing in court on the date specified on your ticket or by mailing in your plea.
Gather Evidence: Collect any evidence that supports your case, such as:

- Photographs of the scene
- Witness statements
- Maintenance records for your vehicle (if applicable)
- GPS data or dashcam footage

3. Request a Trial: Once you’ve entered your not guilty plea, you’ll be scheduled for a trial. You can choose between two types of trials in San Diego:

- Trial by Judge: A judge will hear your case and make a ruling.
- Trial by Declaration: You submit your case in writing, and the judge makes a decision based on the documents provided. (This option is not available for some violations.)

4. Consider Hiring an Attorney: While it’s possible to represent yourself, hiring an attorney who specializes in traffic law can significantly increase your chances of success. An attorney can help you prepare your case, gather evidence, and present arguments effectively. Continue reading ›

Victim Restitution in DUI Criminal Matters

May 26, 2024 | The Law Offices of Susan L. Hartman

If you pled guilty to, or were convicted of, driving under the influence, the court must order restitution to any victims who claim economic losses from that incident. Under California Penal Code Section (“PC” hereafter) 1202.4(a)(1), “a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.”

To the extent possible, the restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant’s criminal conduct…”

The victim is required to submit the losses they believe were caused by the defendant while committing the crime. The defendant can agree or stipulate to the amount requested or request an evidentiary hearing to dispute the requested amount.

Drug DUIs Under Cal. Vehicle Code § 23152(f)

November 20, 2022 | The Law Offices of Susan L. Hartman

It’s common knowledge that driving under the influence of drugs is illegal in California. However, determining exactly what constitutes “driving under the influence of drugs” may come as a surprise. Vehicle Code § 23152(f) is the law that makes driving under the influence of drugs illegal. The law is about as clearly written as it can be: “It is unlawful for a person who is under the influence of any drug to drive a vehicle.”

While the law is clear in its wording, it still leaves a lot of questions. Below are some of the most common questions about charges related to driving under the influence of drugs.

Is It Illegal to Drive Under the Influence of All Drugs? Or Just Illegal Drugs?

What Is “Driving” Under the California DUI Statutes?

October 28, 2022 | The Law Offices of Susan L. Hartman

Driving under the influence of drugs or alcohol is against the law in California. While most people are aware of the laws against drunk driving, few understand how complex this area of law is. The vast majority of the time, California DUI cases are not as straightforward as they may seem. One of the most misunderstood aspects of California DUI law is the operation element.

Before a judge or jury can find you guilty of a DUI crime, the government must first prove beyond a reasonable doubt that you were “driving” the vehicle. This is referred to as the operation element. In most states, prosecutors can meet the operation element of a DUI by showing that the defendant exercised physical control over the vehicle. However, in California, the law is slightly more favorable to defendants. To be found guilty of a California DUI, the prosecution must prove that you intentionally caused the vehicle to move by exercising physical control over it. Thus, if the vehicle didn’t move, you are not guilty of DUI.

That said, when referring to “movement,” any movement of the vehicle, however slight, qualifies as driving. Additionally, police officers can rely on circumstantial evidence to illustrate that a car had moved, even if they didn’t witness the car moving. For example, say that police officers respond to a call for a single-vehicle traffic accident. When the police arrive, they find a car wrapped around a utility pole. The driver is the only person inside the car, and there is a half-full bottle of whiskey on the driver’s side floorboard. In this situation, police officers would almost certainly arrest the driver for DUI, even though they didn’t observe the car moving. In doing so, they would rely on the following:

There was only one person in the car; and
The car had been in an accident.

In this situation, the circumstantial evidence suggests that the person found in the driver’s seat intentionally caused the vehicle to move by exercising physical control over the vehicle. While there is the possibility that someone switched seats with the driver, that is a defense that must be raised at trial. Continue reading ›

What Can You Do to Lessen the Charges or Penalties After a California DUI Arrest?

March 16, 2021 | The Law Offices of Susan L. Hartman

The penalties for a San Diego DUI conviction can be very harsh. For example, even if you are a first-time offender, you could be sentenced to up to one year in jail, five years on probation, a fine of $1,000, and participation in a nine-month mandatory drug and alcohol education program. The judge may also require that you install an ignition interlock system on your car, in which case you can drive without restriction. Otherwise, your license could be suspended for up to ten months.

Given the serious nature of these penalties, many people facing a DUI charge are interested in learning what they can do to reduce the charges or penalties they may face upon a conviction. Of course, not every DUI case results in a conviction; however, it is still a good idea to hope for the best, but prepare for the worst.

While driving under the influence of drugs or alcohol places others in significant danger, there has been a shift towards an increased understanding of why people get behind the wheel while intoxicated. Rather than view these offenses in isolation, courts are now more willing to consider that a DUI defendant suffers from addiction, and that their addiction played a role in their commission of the offense. That being the case, one of the things that can help mitigate against a hefty DUI sentence is to seek drug or alcohol treatment while the case is pending.

DUI Accidents with Injury Under California Vehicle Code 23153

February 17, 2021 | The Law Offices of Susan L. Hartman

While any California DUI offense can have a serious impact on a person’s life, those DUI cases that involve an accident with injury are especially serious. Anyone facing such a violation must make sure to understand what they are facing, to better defend against the allegations. California Vehicle Code section 23153 provides that it is illegal to drive a car while engaging in any other type of conduct that is forbidden by law. This includes driving under the influence of drugs or alcohol.

After a California DUI accident, the prosecution will likely charge several offenses. Aside from a traditional DUI, a motorist may also face charges under section 23153. To prove a violation of section 23153, the prosecution must show:

The driver violated the state’s DUI laws;
While under the influence, you also violated another traffic law, or otherwise acted in a negligent manner; and
The driver’s actions resulted in another’s injury.

To find someone in violation of the California DUI laws, the prosecution must establish that a driver:

Had a blood-alcohol (BAC) content of .08 or more;
Was otherwise under the influence of alcohol (even with a BAC of less than .08);
Was under the influence of drugs; or
Was under the influence of both drugs and alcohol.

The State of the San Diego Superior Court During the Ongoing COVID-19 Pandemic

January 27, 2021 | The Law Offices of Susan L. Hartman

The COVID-19 pandemic has, to varying degrees, affected the entire world. All but the most essential businesses and government services were ordered to shut down. And while things started to re-open a few months ago, the recent surge in cases in California and across the country has resulted in many businesses and government organizations shutting back down.

Of course, while these closures impact everyone, few people are more unfairly affected by these closures than those facing criminal charges. People, who remain innocent until proven guilty, have cases hanging over their heads or, worse yet, remain incarcerated as they wait for their cases to be heard.

In terms of the San Diego Superior Court, the court was closed on March 17, 2020, and remained closed for all but a very select few matters until May 26, 2020, when the court began its reopening process. The court then heard a few trials; however, the court shut back down in the fall due to a surge in cases. Currently, the San Diego Superior Court is conducting most types of hearings, especially for those facing serious criminal charges. However, most business is being conducted remotely, and the court will continue to rely on virtual hearings for the foreseeable future.

San Diego Superior Court Update: Closure Continues

April 29, 2020 | The Law Offices of Susan L. Hartman

Today, the San Diego County Bar Association hosted a “State of the Court Address” online via Zoom. Presenters included the San Diego Superior Court Presiding Judge Lorna Alksne, Assistant Presiding Judge Michael Smyth, and Mike Roddy, the CEO of the Superior Court. There were over 2600 attendees in on the meeting to hear the latest updates! Allegedly, this was the largest Zoom meeting of its kind regarding the state of the court in the State of California.

As for what was covered in the criminal arena:

The court will remain closed except for essential or emergency services until at least May 22nd, 2020. For a full list of what matters are being addressed, look at the court orders on the San Diego Court website.