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…
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…
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…
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…
It’s been a while since I have written about the use of drug recognition experts. Drug recognitions experts or DREs are law enforcement officers who are specially trained and certified to recognize symptoms of drug intoxication in drivers. When a driver is stopped and there is suspicion that the…
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…
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…
Summer is almost here and after a year of lockdowns, we are all pretty eager to get outside and enjoy summer activities! Don’t ruin your summer fun with an arrest. Here is a rundown on the most popular activities which you should keep in mind as you pull out the…