A DUI arrest may surprise the casual drinker. That happened to my client Linda. She is not a big drinker but several years ago she had two glasses of wine while out to dinner. She drank those glasses over the hour-long dinner and thought she was fine to drive. She…
Articles Posted in DUI
DRIVING UNDER THE INFLUENCE OF MARIJUANA
Is driving while high on marijuana as dangerous as driving under the influence of alcohol? Obviously, how much alcohol or marijuana matters. A driver who has a .19 blood alcohol content (BAC) is almost certainly going to be a more dangerous driver than someone who took two hits of marijuana.…
FEDERAL LAW MAY SOON REQUIRE DRUNK AND IMPAIRED DRIVING TECHNOLOGY ON NEW PASSENGER VEHICLES.
On New Year’s Day 2021 in Central California, a driver with twice the legal limit of 0.08% blood alcohol concentration (BAC) in his system was speeding at approximately 90 mph on a two-lane roadway. He lost control of his vehicle and crossed over the centerline causing a head-on collision with…
IMPLIED MALICE A NECESSARY ELEMENT TO CONVICT ON SECOND DEGREE VEHICULAR MURDER
In 2018, 19-year-old Davion Murphy, driving through residential Lancaster, California at a speed of 88 miles per hour, with a posted speed limit was 40 mph, ran a red light colliding with another vehicle. The collision caused the death of all three occupants in the vehicle Mr. Murphy’s vehicle hit.…
THE UNEXPECTED DUI
The news of the DUI arrest of Paul Pelosi, Nancy Pelosi’s husband, has been splashed all over the news this week. Mr. Pelosi was arrested for driving under the influence of alcohol after his Porsche was hit by another vehicle. Fortunately, the collision was minor, and no one was hurt…
CAUSING THE DEATH OF ANOTHER WHILE DRIVING UNDER THE INFLUENCE AND IMPLIED MALICE
Mr. Tev, while intoxicated, was driving his vehicle on the wrong side of the road at a high rate of speed. He crashed head-on into a car traveling on the road, killing the driver of that vehicle. Mr. Tev was charged with second-degree murder among other offenses. Mr. Tev had…
THE FINAL WORD IS IN: MISDEMEANOR DIVERSION IS NOT AVAILABLE FOR DUI DEFENDANTS
On again, off again. There has been much confusion surrounding diversion for misdemeanor DUIs. You may have read my earlier post where I discussed the differing opinions in the county superior courts. If not, a brief recap is as follows: On January 1, 2021, a new law took effect which…
WHAT HAPPENS IF I AM ARRESTED FOR DUI WHILE ON A NON-IMMIGRANT VISA?
For foreign nationals living or visiting the United States on a temporary basis, a DUI arrest has consequences that may affect the individual’s right to enter the U.S. in the future. A non-immigrant visa holder faces the same legal consequences that citizen or permanent resident faces after DUI arrest, but…
REASONABLE SUSPICION STANDARD ON A DUI TRAFFIC STOP
Driving on a residential road, Ms. Binkowski approached a stop sign. She stopped, but her front tires were slightly over the limit line. A patrol officer observed this violation of Vehicle Code section 22450, which requires a driver approaching a stop sign to stop at the limit line. (Bet many…
CAN YOUR SELF-DRIVING CAR BE YOUR DESIGNATED DRIVER?
Several years ago when self-driving cars were still in the experimentation phase, I wrote a blog speculating on the effect self-driving cars may have on DUI laws. Now that self-driving cars are becoming more commonplace, especially in Southern California, we are about to find out. I have an acquaintance who…