Law enforcement agencies across California have been ramping up efforts to enforce drunk driving laws. As an attorney practicing in Indio, CA, I’m always amazed at the sheer number of DUI cases that come through the courthouse. Many people don’t realize how easy it is to reach a BAC of .08. Many more are unaware…
THE PHONE CALL Being investigated for any domestic violence related offense can be very stressful. A minor argument or verbal altercation in an already fragile marriage or relationship can lead to a felony case being filed. Whether it is your romantic partner or a well-meaning neighbor, one phone call to the police about a domestic…
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Obviously, the best, and most sure way to avoid DUI conviction, is to not consume alcohol. It is not even enough to only drink a bit so your Blood Alcohol Content (BAC) is below the legal limit. Any measurable amount of alcohol in your system can lead to a DUI charge if the officer feels…
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I received a phone call the other day from a frantic client who had just received their first DUI. After discussing the facts of the case with the client, I was asked if we could prove that their Blood Alcohol Level (BAC) was under a 0.08%, if the case would be dismissed. I said “no”. …
By Christopher J McCann Convicted DUI offenders can apply for a restricted license allowing for the individual to operate a vehicle for medical and/or work purposes. The DMV does not automatically grant a DUI offender a hardship license. Instead, the offender must request that the judge issue them a document that authorizes the DMV to…
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Sometimes, in reference to a DUI, you will hear the term “wet reckless” or simply a “wet”. What does this even mean? Well, it is a term used as a plea bargain settlement in place of a DUI. You cannot be charged with a “wet reckless”. Instead, California Vehicle Code (CVC) section 23103.5 (http://www.dmv.ca.gov/pubs/vctop/d11/vc23103_5.htm) allows…
DUI defenses that work, the “No drive” defense. When it comes to DUI law, there are two types of DUI defenses. The first type would be DUI defenses that sound nice on paper or in your lawyer’s office. These are great for legal debates or a nice scholarly article, but they won’t do you…
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Field Sobriety Tests can be a little scary and chances are, whether you have ever been pulled over for a DUI or not, you know about the Field Sobriety Tests (FST’s). Field Sobriety Tests are used by law enforcement to determine whether a subject’s blood alcohol level is below or above the legal limit. While…
Don’t Trust the Breathalyzer I have people call me every day and ask, “If I blew over the limit…..how can I win my case?” People just can’t imagine that they could blow over the limit and NOT get a DUI conviction. The very first step in building a defense in a case with a…
Driving under the influence is an unacceptable both socially and morally. It is commonly thought as only affecting vehicles but what about two wheelers such as bicycles and scooters? Different states have different laws and regulations concerning DUI electric scooters. For instance in California a number of statutes has been put into place since bikes…
