DUI Laws in California

Restricted License after Los Angeles DUI

March 7, 2016

After a DUI conviction, you might have Restricted License. There are different types of restricted licenses: with some restricted to driver to work and an alcohol education class and others restricted to only drive while having an ignition interlock device (IID) in your car. If you have a restricted license to drive only with an IID, you can drive anywhere, without being in a violation of the law. A restriction on the driver’s license can be imposed after a court conviction or after a DMV hearing.  As terms of a DUI probation, a driver can be ordered to comply with DMV orders. DUI Probation will include driving only with a restricted license for a period of time.  Alternatively, even if there is no […]

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Nystagmus as part of DUI investigation, Los Angeles

February 24, 2016

Nystagmus is an investigation tool used by law enforcement to determine if a person is under the influence of alcohol. After a DUI stop, a police officer, if he suspects that the driver is under the influence of alcohol, can ask the driver to step out of the vehicle and submit to several field sobriety tests. Field sobriety test is a voluntary test and you can and should refuse to submit it. If you agreed to the tests, the prosecutor will likely use them to show that you were impaired. The tests are highly subjective and can cause a person to be arrested even when he is innocent of the DUI. The most common field sobriety tests are a visual check for nystagmus, […]

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Fighting BAC Results in California DUI Cases

February 23, 2016

In this article, DUI Defense Lawyer discusses how to fight BAC Results in California DUI Cases.  Click on the links below to go directly to your topic of interest. The Importance of a BAC Results in Los Angeles DUI Cases BAC level lower then .08% in DUI cases High Blood Alcohol Cases in California DUI cases The Importance of BAC Results in Los Angeles DUI Cases       A Los Angeles DUI prosecutors will look at several factors to decides how to punish a DUI driver. First, the prosecutor will see if the DUI driver caused an accident.  Presence of an accident will make any DUI much more serious in the eyes of the court. Second, the prosecutor will see how many prior […]

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Breath test science:how California courts ignore it

February 15, 2016

California Supreme Court recently eliminated several important breath test defenses for DUI cases that drunk driving attorneys in Los Angeles used to successfully defend DUI cases in the Superior Court. According to the Supreme Court of California’s decision in People v. Vangelder, unreliability of breath sample can not always be argued to the jury.  Terry Vangelder was prosecuted for a DUI when his breath test came back as .08 percent alcohol after he was pulled over for speeding.   At trial, his defense tried to introduce testimony from Dr. Hastala who testified that breathalyzers don’t accurately show the level of alcohol in blood because recent scientific research shows that ratio of alcohol in air in lungs is not always the same […]

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Driving on a Suspended License in California

January 20, 2016

In this article Los Angeles DUI Defense Lawyer discusses Driving on a Suspended License.  Click on the links below to go directly to your topic of interest. LOS ANGELES DUI ATTORNEY EXPLAINS SUSPENDED LICENSE LAW ATTORNEY EXPLAINS TYPES OF LICENSE SUSPENSION DRIVING ON A SUSPENDED LICENSE ALSO CARRIES POINTS WITH THE DMV COURT PROCESS FOR SUSPENDED LICENSE SUSPENDED LICENSE. Example 1 SUSPENDED LICENSE. Example 2 SUSPENDED LICENSE. Example 3 LOS ANGELES DUI ATTORNEY EXPLAINS SUSPENDED LICENSE LAW California Laws covering driving on a Suspended License can be found in California Vehicle Code sections 14601-14601.5.  The decision to charge one code section over another primarily deals with the type of suspension or revocation.  For instance, if the driver’s license suspension is based on a conviction for drunk […]

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Alcohol Education Program after DUI

December 30, 2015

There are 6 different Alcohol Education programs  in California that can either be ordered as a condition of probation with a DUI conviction, or can be required to be completed as a term of probation for various other, usually driving or alcohol-related convictions. After a Driving under the Influence conviction, the DMV will often require a completion of AB 541 or SB 38 program prior to re-issuance of the driver’s license. I summarized and listed the programs below from the easiest to the hardest. Most of the programs are offered by private commercial entities and thus vary in price and format. Out of 472 licensed DUI programs in 58 California Counties, some are better! Los Angeles DUI Attorneys will not […]

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DUI ARRAIGNMENT

December 25, 2015

THE LAW:  An arraignment is the first part of a DUI prosecution in Los Angeles Superior Court.  During DUI arraignment, you can enter a guilty or not guilty plea, and, if you enter a “not guilty” plea, the court will continue your DUI case.  The continuance after a DUI arraignment is determined by law so that you can have a trial 45 days from the arraignment.  If you are in custody at the time of the arraignment, you can have a trial 30 days from the arraignment.  Sometimes the judge can ask you to “waive time”, which means, that the trial will be longer then 30 or 45 days from the arraignment.  You will have to agree to “waive time” […]

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California Vehicle Code: CVC 22107

December 15, 2015

This article discusses  California Vehicle Code 22107: Unsafe Lane Сhange. Click on the links below to go directly to your topic of interest. California Vehicle Code 22107 Reason to stop for CVC 22107 What is the cost of 22107 violation in California? How To Fight CVC 22107 Fine in California? California Vehicle Code 22107 (CVC 22107) CVC 22107. No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement. Under CVC 22107, a vehicle can not […]

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California Vehicle Code 21658

December 13, 2015

 California Vehicle Code 21658 is a very common reason for a person to get pulled over by Los Angeles Police or the California Highway Patrol.  When the police pulls you over, and the driver smells of alcohol, the police will usually start a Los Angeles DUI investigation.  A DUI investigation can easily lead to an arrest in Los Angeles and an DUI arrest will typically lead to a prosecution in the Los Angeles Superior Court.  Multiple DUI’s within the past 10 years will cause a much harsher punishment including mandatory jail time.   A California Vehicle Code 21658 can be violated when a vehicle straddles the lane, weaves outside of its lane, or even when the vehicle weaves inside its […]

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Penal Code 1538.5: Unreasonable Search & Seizure

December 2, 2015

California Penal Code 1538.5 disallows unreasonable searches and seizures and gives procedure to follow when the police don’t follow the rules. A drunk driving is a crime in California that can be a felony or a misdemeanor. After a DUI arrest in Los Angeles, the arrested driver will be brought to court, if in custody, or cited for a future date, if he is released from the jail with a promise to appear. Criminal cases are entitled to many constitutional protections that are not available for non-criminal cases. One of such protection is the 5th amendment US Constitutional right against “unreasonable searches and seizures”. Basically, it is a law that stops police from arresting people without a good reason. For example, […]

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