The Secretary of Homeland Security announced in mid June that certain people who came to the United States as children may request consideration of deferred immigration action by USCIS. I don’t practice immigration law, but as a criminal defense attorney practicing in Southern California, there is a lot of crossover between criminal and immigration…
Clearing a criminal warrant can be as difficult as finding a needle in a haystack. Each courthouse has different procedures on recalling warrants. Some courthouses will allow a defendant to walk in at any time to recall a warrant while other courthouses require a defendant to arrive in clerk’s office before 9:00 a.m. to have…
Many times the state will state that a person is under influence at a .05 or higher. They do this all the time. This is insurance for them if they lose the B count which says that you were over .08 at the time of driving. However, this is also a double edge sword for…
DUI and the Human Body The earliest and most widely used drug in existence is grain alcohol. It was used as a sedative for early surgical procedures and for festive celebrations. Most DUI cases involve alcohol or a combination of alcohol and marijuana or prescription medication. Because of this, most prosecutors are trained in presenting…
DUI Arrests in L.A. versus Orange County Being arrested for a DUI in Los Angeles County will generally have different consequences than being arrested in Orange County. Most individuals who are arrested for a DUI are very concerned about the terms and conditions of their probation, whether they will do jail time, whether they will…
DUI Defense Motions Most experienced DUI attorneys have a list of preset motions to attack the prosecutor’s case. One vehicle in attacking the prosecutor’s case is to attack the foundation of their evidence. Successfully doing so will undermine the prosecutor’s case and is more likely to lead to a Not Guilty verdict or an outright…
This past weekend, a countywide crackdown on drunken and drug – impaired drivers resulted in 550 arrests. The California Highway Patrol’s “Maximum Enforcement Period” takes place Labor Day weekend. During this period 80 percent of CHP officers will be on the street looking to nab drunk drivers. In the coming days, extra DUI checkpoints and…
When someone is arrested and charged with a crime, often, their first (and best) move is to call a lawyer. Many defendants believe they need a lawyer to help defend them at trial and avoid a conviction, and that is certainly one of a defense attorney’s greatest duties. But a good defense lawyer can provide…
The Necessity Defense. Is it ever legal to break traffic laws? As a California criminal defense lawyer, I hear this question all the time from potential clients. I usually get a call on the 800 line at 800-797-8406 that starts with “I got a ticket but it’s a bullshit ticket…….”. And then the good…
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It’s amazing how much confusion there is around what you should do if you get pulled over after having had something to drink. Whether it is from family, friends, or even clients who are facing multiple DUI convictions, I often hear “so if I get pulled over, I should refuse the chemical test, right?” It…
