My criminal defense practice is almost exclusively in the area of drunk driving. However, I have had a few DUI cases were my client was able to prevail at the DMV APS Hearing, just to receive another notice of suspension from the DMV because of a medical issue such as…
If you are driving a vehicle in California, you have agreed to a chemical test of your breath or blood to determine the alcohol and/or drug content, if you are lawfully arrested and suspected of driving under the influence of alcohol, drugs, or a combination of alcohol and drugs, (implied…
Whether you are 21 years old or older, or under 21 years old, if you are arrested for driving under the influence, two separate actions are triggered. The first is the Administrative Per Se, or APS, action from the California Department of Motor Vehicles, which deals with the suspension of…
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…
The California Department of Motor Vehicles (DMV) is an administrative body that deals with driver’s license issues. The DMV may initiate a inquiry into a driver’s ability to safely operate a motor vehicle on several different grounds. Here, only medical issues will be discussed. The DMV may initiate an investigation…
In California, it is illegal for anyone under the age of 21 to consume alcohol. Further, anyone under the legal limit must be alcohol-free when driving. This is codified in California Vehicle Code Section 23136, the Zero Tolerance Law, which states, “[I]t is unlawful for a person under the age…
In the San Diego courts, if you plead guilty or you are convicted of a first drunk driving offense, the court will order you to enroll and complete a first conviction program. There is a 3-month program and a 9-month program. The 3-month Drunk Driving First Conviction Program is the…
First off, if you are stopped by law enforcement and they have probable cause to believe you are driving while under the influence of alcohol with a .08% blood alcohol concentration (BAC) or higher, they will give you an “Administrative Per Se Suspension/Revocation Order and Temporary Driver License” form. This…
In California, a bill was introduced that would require all people with a second or subsequent drunk driving conviction to install an ignition interlock device, or IID, in their car, State Senator Jerry Hill announced on Friday, according to NBCSanDiego.com. According to the bill, a second conviction would require the…
A driver is arrested in San Diego County and is charged with drunk driving. Two processes begin: 1.) The criminal process involving the courts; and, 2.) The administrative action involving the California Department of Motor Vehicles, (DMV). The San Diego criminal action is either not filed or the matter is…