There is nothing new about the above headline, but the truth is, many of us don’t take it seriously enough. Before we even head out to that restaurant or bar or party, we should have a reliable and responsible designated driver assigned to get us home safely. That means…
Articles Posted in DUI
THE FUTURE OF DUI IN CALIFORNIA
It’s 2019 and we are on the heels of the next decade in this young millennium, a decade that promises to bring technological changes worthy of a sci-fi novel. This will likely be the decade that sees a spectacular rise in artificial intelligence, including self-driving vehicles and law enforcement…
HUSBAND POSTS FACEBOOK PICTURES OF HIS WIFE AND UNBORN CHILD IN COFFIN FOLLOWING DUI COLLISION
A Southern California man has posted one of the most poignant yet distressing social media feeds I have seen. In a Facebook picture, Zach Kincaid is standing over a coffin, his young child looking on. Inside the coffin is his 29-year-old wife, her unborn child in her arms. In…
Boating Under The Influence
CAN THE DMV SUSPEND YOUR DRIVER’S LICENSE IF YOU ARE CONVICTED OF BOATING UNDER THE INFLUENCE? The DMV wields a substantial amount of power over our driving privileges. When a person is arrested for driving under the influence, his or her license to drive is immediately suspended (with a 30-day…
DRIVING UNDER THE INFLUENCE OF MARIJUANA AND VEHICULAR MANSLAUGHTER
In previous blog posts I discussed driving under the influence of marijuana (cannabis) and the difficulties provingthat a driver was under the influence at the time he or she was driving. The active ingredient in cannabis, THC, stays in a person’s system long after the effect wears offmaking it…
IS IMPAIRED DRIVING DUI
IMPAIRED DRIVING A driver can be arrested for driving under the influence even if the driver tests under the legal threshold of 0.08% blood alcohol content (BAC) or even a 0.00% BAC. If the arresting officer has probable causeto believe that the driver’s ability to drive is impairedby any substance—…
MILITARY DIVERSION PROGRAM MAY BE AVAILABLE TO MILITARY PERSONNEL AFTER A DUI ARREST
If you are, or were, a member of the United States military and suffering from trauma related to your service, you may be eligible for a pre-trial diversion program if you get a DUI. Penal Code section 1001.80 allows a court to suspend prosecution on misdemeanor charges if the defendant…
DECREASE IN DUI ARRESTS IN URBAN AREAS ATTRIBUTED TO RIDE SHARING APPS IN CALIFORNIA
A couple of years ago I wrote a blog postciting studies that indicate ride sharing apps are responsible for a decrease in drunk driving crashes for drivers under the age of 30 and another blog postabout studies that suggested ride sharing apps have had no impact on the incidence…
HOW A DUI AFFECTS CHILD CUSTODY IN CALIFORNIA
Even one DUI has the potential to affect a parent’s right to custody of their child. Whether in Family Law Code child custody adjudications or Welfare and Institutions Code dependency hearings, a DUI can affect how the court will decide on a child custody matter. This is especially true…
DUI WHILE SLEEP DRIVING-THE UNCONSCIOUSNESS DEFENSE IN CALIFORNIA
We know that sleep walking is a genuine disorder. It is a state of combined sleep and wakefulness leaving the sleepwalker is in an attenuated state of consciousness. Those with the disorder can even perform complex tasks behaviors while sleeping such as moving furniture around, cooking, or cleaning. In…