In September 2020 Assembly Bill 3234 was enacted adding Penal Code section 1001.95 to California law. Section 1001.95 became law on January 1, 2021. Section 1001.95 allows a judge, at his or her discretion, to order a pretrial grant of diversion to a defendant charged with a misdemeanor. The diversion…
Yes, Virginia, there is such a crime. After leaving a bar, Mitch found his car had a flat tire. Although he was somewhat inebriated after drinking three beers, he was able to jack up his car, remove the lug nuts and replace the flat tire with his spare. As…
Military veterans arrested on a first-time DUI may be eligible for what is billed as a “therapeutic and support” alternative to the criminal proceedings that usually accompany a charge of driving under the influence (or alcohol or drugs). This alternative is codified into California law under Penal Code section 1001.80…
According to the National Highway Traffic Safety Administration, drunk driving is responsible for approximately one-third of all traffic fatalities on our nation’s roads. In recent years, around 10,500 people lose their lives due to a traffic fatality involving a drunk driver. This does not even take into account fatalities that…
Most Californians are aware that a DUI conviction costs more than just attorney fees and the fines and fees levied by the court. After a DUI conviction, insurance rates are bound to increase, there are costs associated with the installation and maintenance of an Ignition Interlock Device, DMV fees, and…
While most DUI convictions are misdemeanors, the conviction is entered on the offender’s California Department of Justice (DOJ) criminal history (often referred to as a “Rap Sheet”). This conviction remains on the individual’s rap sheet forever unless a successful petition for dismissal is brought forward. The petition for dismissal,…
A woman driving her Chevrolet Camaro the wrong way on the 60 freeway in Diamond Bar collided with a vehicle killing all four occupants of that vehicle and two occupants in her car. She was rendered unconscious and was airlifted to the hospital. Approximately one hour later, the investigating officer…
You get pulled over and the cop asks you: “Have you been drinking?” If you have been drinking, what should you say? Whether true or not, it is often reported that most people will answer, yes, but only one or two drinks. Well, the officer isn’t going to think, “okay,…
In California most simple DUIs without aggravating circumstances are charged as misdemeanors. For certain professions, even one misdemeanor DUI can threaten a person’s employment. A DUI conviction can result in the loss of a job or suspension of a professional license. The most obvious risk of job loss following…
The world has certainly changed since COVID-19 introduced itself to humankind. Almost every aspect of our lives has been affected. In the realm of criminal proceedings, a lot has changed and that includes the DUI landscape. Courts are closed to the public. Hearings that must be conducted pursuant…