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…
Articles Posted in DUI
TAKING A DUI CHARGE TO TRIAL IN CALIFORNIA
While most DUI charges conclude with a plea bargain, some DUI defendants chose to put their case before a jury. A trial before a jury of his or her peers is the DUI defendant’s right under the U.S. and California Constitutions. Whether the DUI is charged as a felony…
DUI BASED ON CIRCUMSTANTIAL EVIDENCE
In the last of my three-part series about Dave’s misadventuresafter an afternoon of beer and barbeque at a friend’s, we come to another possible defense Dave may have following his arrest for DUI and a hit and run. To summarize: Dave ran into his neighbor’s car on his way…
WARRANTLESS SEARCH OF HOME ON MISDEMEANOR DUI INVESTIGATION
Last week I discuss a hypothetical, but realistic, scenario where our driver, Dave, hit a neighbor’s car on the way home after enjoying an afternoon barbeque with friends. Dave had had a few beers so he worried that if he stopped and reported the accident, he might also end…
MARIJUANA ADDICTION AND DRIVING IN CALIFORNIA
Alcohol addiction afflicts many individuals and no doubt, is one of the main factors in many DUIs. But what about marijuana? Is marijuana also addictive? Now that recreational marijuana is legal in California, will we start seeing an increasing number of multiple driving under the influence of marijuana offenders…
PRESCRIPTION DRUG USE AND OLDER DRIVERS
Driving under the influence is most commonly associated with younger drivers under the influence of alcohol, but if you are a regular reader of this blog, you know that unlawful DUI includes not only driving under the influence of alcohol but also driving under the influence of drugs, both…
California Law Regarding Driving Under The Influence
WHOA COWBOY; YOU CAN’T RIDE YOUR HORSE DRUNK DOWN THE 91 FREEWAY. Being arrested for driving under the influence doesn’t always happen when are driving a car. As I previously discussed, you can get a DUI while driving a golf cart, riding a bike, or operating a boat or jet…
DUI Schools In California
DUI School When a driver is convicted on a DUI, his or her term of probation will include a requirement to complete a DUI program. On a typical first-time conviction, the driver will be required to complete a 3- to 4-month, 30-hour program. In some instances, the court may order…
DUI Suspect “Arrested” by Police Dog in Orange County California
A while back, I wrote a piece on my criminal website blog about donkeys serving time in jail. Now, we have a dog arresting a DUI suspect…. Well, sort of. Last week, police attempted to stop a suspected DUI driver in Orange County. The police had been alerted because…
California DUI And Self Driving Vehicles
IT WAS MY CAR’S FAULT It was sure to come soon. A San Francisco driver was arrested for DUI last week after he was found sleeping behind the wheel of his stalled Tesla smack dab in the middle of the Bay Bridge. The driver pleaded his innocence to the officers…