Before January 1st, 2014, California law enforcement agencies were using California Vehicle Code (VC) Sections 23152(a) and (b) to prosecute cases involving alcohol, drugs, or a combination of alcohol and drugs. VC 23152(a) stated, “It is unlawful for any person who is under the influence of any alcoholic beverage or…
An SR-22 is a certificate of insurance. It is proof that you have met the state’s minimum requirements for liability car insurance. This form is obtained from your insurance company and they file it with the California Department of Motor Vehicles, to show proof of financial responsibility. The DMV may…
In San Diego County and throughout California, driving under the influence penalties are getting harsher. In most cases, alleged DUI incidents are charged with two penal code violations: Driving a vehicle while under the influence of alcohol, drugs, or a combination of both; and, Driving with a blood-alcohol content (BAC)…
In most drunk driving cases, something initially happens that draws the police officer’s attention to the car. There are rare instances when the officer does not witness driving; for instance, when the officer responds to an accident. In those cases, driving is determined by inferences, circumstantial evidence, and statements made…
We all remember the numerous news reports in December 2013, that a Texas judge sentenced 16-year-old Ethan Couch to ten years probation and a residential treatment program in California, after killing four people and severely injuring two others in a drunk driving accident. He was driving 70mph in a 40mph…
Misdemeanor charges were brought against two minors in Connecticut after their friend, Jane Modlesky, drove while under the influence and hit a tree. She ended up dying in the crash that happened in July 2013. Earlier that day, Modlesky and her friends were drinking at an underage party. She then…
Previously, the Law Offices of Susan L. Hartman wrote a blog article on how a DUI conviction can impact a professional license. In addition, we did a specific entry on the affects of a drunk driving conviction on a pilot’s license. Here, we will discuss the consequences of a DUI…
A confession to drunk driving that was posted online and subsequently went viral ended with a guilty plea and a prison sentence on October 23, 2013. Matthew Cordle, a 22-year old Ohio man, plead guilty to aggravated vehicular homicide and drunken driving after driving the wrong way on a highway…
There are three big advantages to hiring a DUI defense attorney to handle your drunk driving matter: 1.) Their knowledge of criminal law, specifically driving under the influence statutes and defenses; 2.) Using this knowledge to negotiate the case with the prosecutor to reduce the charges or the punishment; and,…
The arraignment is often the first court hearing in any criminal case, including drunk driving cases in San Diego. During the arraignment, the court advises you of your constitutional rights. They include the right to have an attorney represent you, the right against self-incrimination, the right to a jury trial,…