In a recent California appellate decision, a defendant appealed a judgment entered after a jury trial in which he was convicted of a DUI under Vehicle Code section 23152 and DUI with a blood alcohol content (BAC) of .08 or greater. The lower court found the defendant had been convicted…
Sometimes drunk driving leads to someone’s death. In that case, you may face multiple charges on top of any DUI charges that apply. In a recent California appellate decision, the defendant appealed a conviction for gross vehicular manslaughter while intoxicated and challenged the lower court’s denial of probation, among other…
The California Criminal Jury Instruction N. 875 provides that to prove a defendant is guilty of assault with a deadly weapon other than a firearm, the prosecutor needs to prove; (1) the defendant acted with a deadly weapon besides a firearm that due to its nature would directly, probably apply…
In a recent California appellate decision, the defendant pled guilty in two cases to driving under the influence (DUI) with a blood alcohol content that was greater than .08. In both of those California DUI cases, he admitted he had three prior convictions for driving under the influence and the…
Under section 23575 of the Vehicle Code, a judge can require somebody convicted of a first California DUI to install a working, certified ignition interlock device on any vehicle that person operates, and stop that person from driving except where a functioning certified ignition interlock device has been installed. A…
California Vehicle Code Section (VC) 14601.3 states: “It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated a habitual offender.” Once…
Typically, when you are sentenced, and your sentence includes probation, one of the things you are ordered to do is not violate the law. If you are arrested, the arrest itself is not a probation violation. However, what ends up happening, is you will have a new open case and…
Driving under the influence of drugs, or DUID, is essentially the same as a DUI with alcohol. The code section reads: “It is unlawful for a person who is under the influence of any drug to drive a vehicle. “ In essence, the prosecutor has to prove that the defendant…
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…
In California, if a person is initially arrested for driving under the influence, the case may be negotiated down to other, less severe charges such as a wet reckless, dry reckless, drunk in public, or even an exhibition of speed charge. Successful negotiation will depend upon the facts of the…