The majority of all DUI cases in California are filed as misdemeanors. Some are filed as felonies. What is the difference between a misdemeanor and a felony? The California Penal Code Section 17 states, “A felony is a crime which is punishable with death or by imprisonment in the state…
Articles Posted in Defending DUI Cases
Driving Under The Influence: What The Prosecutor Must Prove
You have been charged with drunk driving under California Vehicle Code Section 23152(a) or 23152(b) . In order for the jury to find you guilty, the prosecution has the burden to prove their case beyond a reasonable doubt. Under 23152(a), driving under the influence of an alcoholic beverage, a drug,…
BAC: What Is It And How Does It Affect My DUI Case?
BAC is an acronym that stands for blood alcohol content or blood alcohol concentration. It is the percentage of alcohol that is in your blood at the time of the test. According to the National Highway Traffic Safety Administration, the higher your BAC, the more impaired you are. In California,…
Drunk Driving Defendant Has A Right To Confront Analyst That Tested Blood
Alleged drunk driver, Donald Bullcoming, was involved in a vehicle accident in New Mexico in August 2005. The other party believed he observed signs that Bullcoming was intoxicated so he called the police. Bullcoming left the scene but was later apprehended by police. He failed the field sobriety tests and…
Drunk Driving And It’s Effects On A Pilot’s License
Driving under the influence charges can pose a threat to your livelihood. If your profession, business, or service requires you to have a state license, a criminal conviction may impact obtaining or renewing your license. If you are a pilot, there are stringent rules and procedures that must be followed…
DUI Conviction: How Can It Impact Professional Licenses?
In California, many professions require a license by the State of California. When applying for or renewing a license, the applicant is usually asked if they have ever been convicted of a crime, this includes the crime of driving under the influence. These licensing agencies are governed by the California…
Talmadge DUI Car Wreck Leaves 4 Year Old Injured, Bail Set At $100,000
San Diego resident, Albert Pruitt, 27, was allegedly driving under the influence when he crashed his Ford Explorer on August 27th, at 7:00 a.m., according to 10news.com. Pruitt was northbound on Aldine Drive near Monroe Avenue when he hit the curb, lost control, and rolled his vehicle. Two children, ages…
Chula Vista Drunk Driving Accident Results In Prison Time
Chula Vista resident, Angel Rodrigo Gutierrez, 23, was sentenced July 28th, for the fatal hit and run incident that occurred on Christmas Day, killing Robin Fortson, a 54 year old homeless woman. The defendant plead guilty last month to vehicular manslaughter while intoxicated and leaving the scene of an accident.…
Vista Judge Rules Escondido DUI Checkpoint Case To Go To Trial
A Vista judge denied the motion to exclude evidence against two men who were passing through a drunk driving checkpoint and refused to unroll their window, which prompted an Escondido officer to break his window and make an arrest for resisting an officer. The North County Times reported that Angel…
Drunk Driver Avoids Mandatory Prison Term As Prosecutor Fails To Prove Prior DUI’s
An alleged five-time drunk driver avoided the mandatory two year prison sentence, according to thesunchronical.com. Brian Hand, 55, of New Hampshire, was found guilty of DUI in a Attleboro District Court in Massachusetts last week. However, the jury did not hear evidence regarding the defendant’s alleged priors. In a hearing…