california supreme court holds that circumstantial evidence of intoxication may be considered in dui hearings A driver was pulled over in Orange County by the CHP when the officer observed her car swerving erratically. Upon contacting the driver, the officer observed indications that she had been drinking alcohol. The officer…
Drugged Driving, A Growing Threat Drugged driving is a dangerous trend on US highways. According to The National Highway Traffic Safety Administration, there is a significant increase in drivers driving with illegal, prescription and over-the-counter drugs in their system. Part of this may be due to the fact that…
DOUBLE JEOPARDY? DUI ADMINISTRATIVE SANCTIONS AND CRIMINAL PUNISHMENT An arrest for DUI with a blood alcohol level (BAC) over 0.08% triggers two entirely separate proceedings: 1) a DMV administrative per se hearing/determination with possible license suspension and 2) a criminal hearing that also carries a possible license suspension. It can…
ORANGE COUNTY COURT CLERK BUSTED FOR “FIXING” DUI CASES Many of us are familiar with the blatant corruption in some countries where you just pay off the cop that stopped you and be on your merry way. Well, Orange County apparently has its own version of corruption, a court clerk…
DRIVING UNDER THE INFLUENCE OF MARIJUANA Just as it is illegal to drive under the influence of alcohol, it is illegal to drive under the influence of marijuana. It does not matter if the driver has a Medical Marijuana Identification Card; it is still a violation to drive while…
Driving Under the Influence of Drugs California has strict laws when it comes to driving under the influence of alcohol and/or drugs. Drugs, as defined by California law, include anything other than alcohol that may affect a person’s brain, muscles or nervous system. It is considered driving under the influence…
Defending a DUI in Orange County is a specialized field of law, which requires an experienced defense lawyer. Understanding the science associated with blood alcohol testing, as well as understanding evidentiary law, combined with criminal and constitutional law, is of key importance when defending someone who has been charged with…
There is an interesting case out of Livingston County where a man was arrested and charged with DUI and then the case later dismissed. According to the article, the man was involved in an accident and asked to take a breathalyzer test at the scene. This, after the officer at…
Recent statistics have shown that there are approximately 13,000 DUI arrests in Orange County alone, out of nearly 200,000 in the State of California. In some years, more than 90 percent of Orange County DUI arrests result in conviction. A conviction of DUI carries severe and long lasting effects on…
Could A New Law In Colorado Make 3rd DUI’s In California A Felony? There is a proposed new law being considered in Colorado, which would make a third DUI a felony. Representatives of Weld County are reintroducing a bill that would make a third offense for driving under the influence…