Articles Posted in Defending DUI Cases

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In criminal law, the term “evidentiary hearing” is frequently encountered, yet many people may not fully understand its significance or procedural intricacies. This post aims to clarify what an evidentiary hearing entails, its purpose within criminal proceedings, and its impact on the justice system.

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What is an Evidentiary Hearing? An evidentiary hearing in criminal law is a legal proceeding in which a judge examines evidence and hears testimony to resolve specific factual disputes or to determine the admissibility of certain evidence before a trial. Unlike a full trial, an evidentiary hearing is typically more focused, addressing particular issues that may arise during the pre-trial phase of a criminal case.

Evidentiary hearings are especially common in cases involving motions  to suppress evidence, challenges to the legality of arrests, or questions about a defendant’s mental competency. By evaluating the evidence presented, the judge can make informed decisions that can significantly influence the course of a case or the trial.

What is the Purpose of an Evidentiary Hearing? The primary purpose of an evidentiary hearing in criminal matters is to provide the court with a platform to assess evidence related to specific legal issues. Key objectives include:

  1. Determining Admissibility of Evidence: A significant aspect of criminal proceedings involves the admissibility of evidence. An evidentiary hearing allows the judge to determine whether certain evidence was obtained lawfully and whether it meets the standards for admissibility under the rules of evidence.
  2. Addressing Pre-Trial Motions: Criminal defense attorneys often file motions to suppress evidence, arguing some evidence was obtained in violation of the defendant’s constitutional rights. An evidentiary hearing provides a forum for the judge to hear arguments and examine the facts surrounding the evidence in question.
  3. Resolving Factual Disputes: In cases where there are conflicting accounts or discrepancies regarding the facts, an evidentiary hearing allows the court to assess the credibility of witnesses and the reliability of their testimony, aiding in the establishment of factual clarity.
  4. Promoting Fair Trials: By resolving preliminary issues before the main trial, evidentiary hearings help streamline the judicial process and ensure that trials focus on relevant and legally admissible evidence, contributing to a fair trial for the defendant.

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When it comes to a DUI arrest in California, one of the most common questions is: “How long does the state have to file DUI charges against me?” The answer lies in what is known as the statute of limitations—and if you’ve been arrested for DUI or fear you may be, understanding this legal time limit is essential to protecting your rights.Question-Mark-210x300

What Is the Statute of Limitations? In criminal law, the statute of limitations is the legal deadline for the government to file charges. If prosecutors fail to file a case before the statute expires, they may lose the legal ability to prosecute you. The idea is rooted in fairness. Over time, evidence fades, memories weaken, and witnesses disappear. The statute of limitations ensures that criminal charges are filed while facts are still fresh.

Statute of Limitations for DUI in California. How long the state has to file DUI charges depends on whether the case is charged as a misdemeanor or a felony.

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Traffic tickets can be a nuisance, both financially and in terms of your driving record. If you’ve received a traffic ticket in San Diego, you may be wondering whether it’s worth it to contest it. This blog will guide you through the process of fighting a traffic ticket in San Diego court, providing valuable insights and practical tips to help you navigate the legal system.gavel-300x230

Traffic violations typically fall into two categories:

  1. Infraction: Most traffic violations, like speeding or running a red light, are classified as infractions. They usually carry a fine and do not result in jail time.
  2. Misdemeanor: More serious violations, such as reckless driving or DUI, are usually classified as misdemeanors and can result in harsher penalties, including jail time.

Read the Ticket Carefully

Before taking any action, read your ticket thoroughly. It contains crucial information, including:

  • The specific violation you are accused of
  • The date and time of the alleged offense
  • The court date and location
  • Instructions on how to contest or pay the ticket

Deciding Whether to Fight the Ticket

Before you decide to contest your ticket, consider the following factors:

  1. The Evidence Against You: Evaluate the evidence provided by the officer. Was there a radar reading, a photo, or witness statements? If the evidence seems weak, you may have a case.
  2. Potential Consequences: Understand the potential consequences of not fighting the ticket. Points on your driving record can lead to increased insurance rates and a possible license suspension.
  3. Costs vs. Benefits: Weigh the cost of contesting the ticket (including court fees and potential attorney fees) against the potential benefits of reducing or eliminating the fine.

Steps to Fight a Traffic Ticket

  1. Plead Not Guilty: If you decide to contest the ticket, you’ll need to plead “not guilty.” You can do this by appearing in court on the date specified on your ticket or by mailing in your plea.
  2. Gather Evidence: Collect any evidence that supports your case, such as:
    • Photographs of the scene
    • Witness statements
    • Maintenance records for your vehicle (if applicable)
    • GPS data or dashcam footage

3. Request a Trial: Once you’ve entered your not guilty plea, you’ll be scheduled for a trial. You can choose between two types of trials in San Diego:

    • Trial by Judge: A judge will hear your case and make a ruling.
    • Trial by Declaration: You submit your case in writing, and the judge makes a decision based on the documents provided. (This option is not available for some violations.)

4. Consider Hiring an Attorney: While it’s possible to represent yourself, hiring an attorney who specializes in traffic law can significantly increase your chances of success. An attorney can help you prepare your case, gather evidence, and present arguments effectively. Continue reading ›

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If you pled guilty to, or were convicted of, driving under the influence, the court must order restitution to any victims who claim economic losses from that incident. Under California Penal Code Section (“PC” hereafter) 1202.4(a)(1), “a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.”

To the extent possible, the restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant’s criminal conduct…”

The victim is required to submit the losses they believe were caused by the defendant while committing the crime. The defendant can agree or stipulate to the amount requested or request an evidentiary hearing to dispute the requested amount.

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weedIt’s common knowledge that driving under the influence of drugs is illegal in California. However, determining exactly what constitutes “driving under the influence of drugs” may come as a surprise. Vehicle Code § 23152(f) is the law that makes driving under the influence of drugs illegal. The law is about as clearly written as it can be: “It is unlawful for a person who is under the influence of any drug to drive a vehicle.”

While the law is clear in its wording, it still leaves a lot of questions. Below are some of the most common questions about charges related to driving under the influence of drugs.

Is It Illegal to Drive Under the Influence of All Drugs? Or Just Illegal Drugs?

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Driving under the influence of drugs or alcohol is against the law in California. While most people are aware of the laws against drunk driving, few understand how complex this area of law is. The vast majority of the time, California DUI cases are not as straightforward as they may seem. One of the most misunderstood aspects of California DUI law is the operation element.Man-with-Cop-Behind-300x300

Before a judge or jury can find you guilty of a DUI crime, the government must first prove beyond a reasonable doubt that you were “driving” the vehicle. This is referred to as the operation element. In most states, prosecutors can meet the operation element of a DUI by showing that the defendant exercised physical control over the vehicle. However, in California, the law is slightly more favorable to defendants. To be found guilty of a California DUI, the prosecution must prove that you intentionally caused the vehicle to move by exercising physical control over it. Thus, if the vehicle didn’t move, you are not guilty of DUI.

That said, when referring to “movement,” any movement of the vehicle, however slight, qualifies as driving. Additionally, police officers can rely on circumstantial evidence to illustrate that a car had moved, even if they didn’t witness the car moving. For example, say that police officers respond to a call for a single-vehicle traffic accident. When the police arrive, they find a car wrapped around a utility pole. The driver is the only person inside the car, and there is a half-full bottle of whiskey on the driver’s side floorboard. In this situation, police officers would almost certainly arrest the driver for DUI, even though they didn’t observe the car moving. In doing so, they would rely on the following:

  • There was only one person in the car; and
  • The car had been in an accident.

In this situation, the circumstantial evidence suggests that the person found in the driver’s seat intentionally caused the vehicle to move by exercising physical control over the vehicle. While there is the possibility that someone switched seats with the driver, that is a defense that must be raised at trial. Continue reading ›

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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 the person has been deemed a habitual offender, any subsequent driving offenses are subject to more severe penalties, including jail time. Upon a first conviction under this statute, the person shall be sentenced to 30 days in jail and a $1000 fine. A second or subsequent conviction within seven years of a prior conviction will result in 180 days in jail and a $2000 fine.  Under 14601.3(e)(3), any habitual offender who is convicted of driving on a suspended license and the suspension is due to a DUI, the penalty is 180 days in jail, to be served consecutive to any other jail time imposed for violating any other law, plus a $2000 fine.

To convict someone under this statute, the prosecutor must prove: Continue reading ›

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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 the probation violation trailing behind it, waiting to see what happens on your new case.handcuffs

If you plead guilty to the new charge or are found guilty after a trial, the judge will then address the probation violation in a probation violation hearing. Typically that is done in front of the sentencing judge who put you on probation on the first case. However, the judge on your new case, if s/he has jurisdiction over the first matter, may address probation with the new case, in what is often called packaging or bundling both together.

The probation violation hearing has a lower standard of proof, meaning a judge only has to find that you violated the terms of probation “by a preponderance of the evidence” not “beyond a reasonable doubt” as required in criminal cases.

At the hearing, both the prosecutor and the probationer will be able to present evidence. If the judge finds that it is more likely than not that the probation terms were violated, Continue reading ›

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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. “

pillsIn essence, the prosecutor has to prove that the defendant drove a vehicle, and when s/he drove, s/he was under the influence of a drug. The drug can be an illegal substance, a prescribed medication or even an over-the-counter medicine that could affect the nervous system, brain, or muscles of a person.

“Under the influence” is the hardest element for the government to prove. According to the California Jury Instructions (2110), “A person is under the influence if, as a result of…taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.”

Unlike drunk driving cases involving alcohol, Continue reading ›

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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 case.

In my experience in San Diego courts, exhibition of speed as a reduction from a drunk driving charge is rarely available as a negotiated plea, unless the case has some serious flaws and the prosecutor believes the DUI case cannot be proven in trial. However, I have been able to obtain such a result in a case that was filed in the Los Angeles Metropolitan Courthouse. My client had a .08 BAC on both the preliminary alcohol screening test and the evidentiary breath sample.

The exhibition of speed charge is found in California Vehicle Code Section 23109(c), and it does not mention alcohol, drinking, drugs, blood alcohol content, or under the influence. Therefore, it is a much better result for the defendant because the penalties are a lot less severe. There is no license suspension, unless Continue reading ›

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