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Breath test science:how California courts ignore it
The California Supreme Court recently eliminated several important breath test defenses for DUI cases that DUI attorneys Los Angeles used to successfully defend DUI charges. PARTITION RATIOS AND VANGELDER (58 Cal 4th 1) According to the 2013 Supreme Court of California decision in People v. Vangelder, partition ratios cannot be argued to a jury. Before this case, Los Angeles DUI defense attorneys would argue that breath sample results are not the same as the blood sample results because the ratio of alcohol in blood could be very different from the ratio of alcohol in breath samples. In the case of Mr. Terry Vangelder, he was prosecuted for a DUI after he was pulled over for speeding and his breath alcohol test […]
Commercial Driver License DUI in California
Please click on the links below to go directly to your topic of interest: California Law for DUI with commercial driver’s license Penalties for Commercial DUI in California How To Beat A Commercial Vehicle DUI (CDL) Case? Can you still get a CDL license after two DUI convictions in California? California Law for DUI with the commercial driver’s license. The DMV can suspend a commercial driver’s license. A commercial driver’s license suspension can happen if you had a blood alcohol concentration of .04% or higher while driving a commercial vehicle (Cal VC 23152(d)). In addition to a DMV commercial driver’s license suspension, a driver can be prosecuted for a DUI in criminal court. If that driver drove a non-commercial vehicle while being DUI, […]
What is Legal Blood Alcohol Level for DUI in California?
This article answers the question What is the Legal Blood Alcohol Level for DUI in California? Click on the links below to go directly to your topic of interest. Legal Blood Alcohol Level for 21 years old or older non-commercial driver in California Legal BAC for Commercial Drivers in California Legal alcohol level for persons under 21 years of age Arrest for a DUI with a blood alcohol level under .08%? Legal Blood Alcohol Level for 21 years old and older non-commercial drivers in California In California, the legal blood alcohol level for most drivers is .08% or less of alcohol in blood by weight. California Vehicle Code section 23152(b) describes the meaning of legal blood alcohol level and also provides some […]
Driving on a Suspended License in California
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 […]
FELONY DUI: HOW TO AVOID FELONY DUI LOS ANGELES
Here, a Los Angeles DUI attorney explains when a DUI can be a felony. Whether or not a DUI is a felony depends on several factors. Top Los Angeles DUI attorney has years of experience defending DUIs in Los Angeles. Top Los Angele DUI attorneys’ experience ranges from defending first-offense DUI in Los Angeles to helping clients at DMV hearings to handling very serious felony DUI cases involving previous DUI offenses or a DUI that involves an injury to someone. If you are arrested for a felony DUI in Los Angeles, do not despair; often, DUI attorneys Los Angeles can find a defense for your case that will avoid a felony record or jail sentence. TYPE OF FELONY DUI LOS […]
DUI Checkpoints in Los Angeles
DUI Checkpoints in Los Angeles are becoming very common, especially around the holidays. Police departments near Los Angeles also use DUI checkpoints to investigate and arrest DUI drivers. Los Angeles DUI Attorney is very experienced in fighting DUI checkpoint cases because police have to follow many rules to have a legal DUI checkpoint. Without following court guidelines regarding DUI checkpoint setup, all arrests at Los Angeles DUI Checkpoints can be illegal. There are several ways how Los Angeles DUI lawyer can help you fight arrest at DUI Checkpoints. First, unless the police set up the DUI Checkpoints as told by the California courts, the checkpoint will be invalid. Second, because no bad driving was observed at a checkpoint, the DUI […]
FIELD SOBRIETY TEST IN DUI CASES CALIFORNIA
This article discusses FIELD SOBRIETY TEST IN CALIFORNIA DUI CASES. Click on the links below to go directly to your topic of interest. Field Sobriety Tests (FST) Definition The Three “Standardized” DUI Field Sobriety Tests Using Field Sobriety Test To Win DUI case Field sobriety test accuracy and usage for DUI investigations SHOULD I submit to the field sobriety test? Field Sobriety Tests (FSTs) A field sobriety tests are series of test that police uses to determine if he or she is impaired and can not safely operate a vehicle. Field sobriety tests are tests usually used by law enforcement to prove that a person is impaired regardless of the blood alcohol level or when the blood alcohol level is […]
California DMV Hearings and Appeals: Procedure and Process
In this article, Los Angeles DUI Defense Lawyer discusses DMV Hearing Appeal. Click on the links below to go directly to your topic of interest. DMV HEARINGS APS DMV HEARINGS HOW TO WIN A DMV HEARING HOW CAN EXPERT TESTIMONY HELP DURING AN APS HEARING DMV PROCEDURE AFTER DUI ARREST NEGLIGENT OPERATOR DMV HEARING APS DUI DMV HEARING APPEAL ADMINISTRATIVE REVIEW OF DMV DECISION APPEAL OF DMV RULING TO THE SUPERIOR COURT TIME LIMIT TO FILE WITH THE SUPERIOR COURT THE REASONS TO FILE A WRIT PROCEDURE DMV HEARINGS The DMV is directly responsible for issuing Driver’s licenses to California Residents. Not only does the DMV issue driver’s licenses, but it also keeps driving records which include accidents, failure to […]
Serna Motion or California Speedy Trial rights violation
California law allows you to get a dismissal of your criminal case when your speedy trial rights are violated. This dismissal is done by filing a motion. This motion can be oral or written and applies to all criminal cases including Los Angeles DUI cases and any other Los Angeles Criminal Cases. If your speedy trial rights were violated, you can get your DUI dismissed in Los Angeles. Speedy trial rights are violated when a lot of time passed between the offense date and the prosecution and as a result of that, it is unfair to you to prosecute. Please click on the links below to go directly to your topic of interest: CALIFORNIA SERNA MOTION DISMISSAL RIGHT TO SPEEDY TRIAL […]
Alcohol Education Program after DUI
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 completion of the AB 541 or SB 38 program prior to re-issuance of the driver’s license. Additionally, if your license is suspended after an APS hearing (and you don’t want to wait out a suspension), you can get a restricted license but enrollment into a “driving under the influence” program is required prior to getting a restricted license. Here, I summarized and listed the programs […]