After a person is arrested for drunk driving, the police write up a police report which is forwarded onto the prosecuting agency. It is this agency, either the City Attorney or District Attorney’s Office, that will decide if charges will officially be filed against you in court. The prosecutor will…
Once a DUI defendant pleads guilty or is convicted of drunk driving after a jury trial, the judge will pronounce sentence. If there was a victim who suffered any loss or damages as a result of defendant’s driving under the influence, the sentence will include court ordered restitution. The victim’s…
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…
A suspected drunk driver allegedly drove his vehicle into two other cars in El Cajon on July 14th, at approximately 9:15 p.m. The accident happened near Melrose Lane and Royal Road in El Cajon. Apparently, one car was side swiped on the passenger side, as it was waiting to turn…
San Diego DUI defense attorney, Susan Hartman, warns San Diego County drivers to be aware that local law enforcement will be out in full force this 4th of July week looking for drunk drivers. In fact, the San Diego Police Department and the California Highway Patrol already started to increase…
In California, including San Diego County, when a driver is arrested for driving under the influence, two processes start. There is an administrative process that is handled through the Department of Motor Vehicles, (DMV). That portion of the case addresses the status of the arrestee’s driver’s license. In addition, there…
This past week, there were many driving under the influence stories in San Diego. Here are the ones that made our blog… First, San Diego Police conducted a drunk driving checkpoint in the East Village of downtown San Diego on June 9th, 2012. As a result, 16 people were arrested…
Driving under the influence charges were filed against a Charleston, South Carolina sheriff’s deputy, Nicholas Wagner, after he crashed his personal vehicle on an on-ramp to Interstate 526 westbound on May 5th, according to postandcourier.com. Wagner was said to have “smelled of an alcoholic beverage, had glassy eyes, slurred speech,…
Recently, the Colorado Senate attempted to treat driving under the influence of marijuana like driving under the influence of alcohol with a .08% or greater blood alcohol content, as reported by 9news.com. The proposed marijuana blood-level limit that was voted on and failed was 5 nanograms of THC, or delta-9-tetrahydrocannabinol,…
A standard sentence in misdemeanor DUI cases includes a term of probation. Depending on what charges you plead to or were convicted of depends on the standard term of probation. In San Diego, the courts often give a term of three years for a dry or wet reckless and five…