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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 […]
DUI ARRAIGNMENT
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” […]
Dry Reckless v. Exhibition of Speed
Dry reckless , codified in the California Vehicle Code Section 23103, in an alternative to a DUI plea that is can be used during a plea negotiation by the Los Angeles DUI Attorneys. A “dry reckless” is a great alternative to a DUI mainly because it is not a “priorable” offense so that, unlike a “wet reckless”, it has no statutory provisions to enhance punishment for a future DUI. Also, there is no requirement to complete an alcohol education program that is often required in a ‘wet reckless” and is mandatory for any DUI convictions. Lastly, just like with a “wet reckless”, a “dry reckless” carries lesser fines, lesser probationary period, lesser jail exposure, and no license suspension. Exhibition of […]
TRAFFIC STOPS DANGERS
The recent shooting death of Walter Scott, Dontrell Stevens, Boddy Canipe, Levar Jones, Samuel Dubose, and others are tragic. These deaths are examples of situations where a person dies because a trigger-happy police officer fires his gun based on some justification of fear for police safety. Neither one of the listed victims of the police shooting was armed at the time of the shooting. Most of the listed persons who were shot were black. It turns out that being black will cause drivers to be 30 percent more likely to be pulled over, than a white drivers. Traffic stops dangers involve the risk of confrontation with a police officer who can be overly aggressive or tired or just not a […]
DUI PROBATION VIOLATION IN LOS ANGELES
If you are convicted for a DUI in Los Angeles, the court will sentence you to Probation or Terminal disposition. Terminal disposition will carry a harsher punishment, usually imposed when a defendant refuses probation or when a defendant is not a good candidate for rehabilitation. An ability to rehabilitate is determined by your judge who usually will look at previous convictions to decide if you are a good candidate for probation. For example, if a defendant has several previous convictions close in time, then a judge can decide that a grant of probation will not be appropriate because the defendant will likely violate the probation or re-offend by getting rearrested for another DUI. In a situation like that, a Los […]
DUI in Los Angeles California: Police Stop For Weaving
California Vehicle Code 21658 is a very common reason for a person to get pulled over by the Los Angeles Police or the California Highway Patrol. When the police pull 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 a DUI arrest will typically lead to a prosecution in the Los Angeles Superior Court. Multiple DUIs 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 […]
SPEEDY TRIAL RIGHTS DISMISSAL OF DUI LOS ANGELES
Most DUI arrests in California must be prosecuted within one year (for legal authority see California Penal Code section 802(a)) When police does not bring a misdemeanor DUI case to California Superior Court within one year, the statute of limitation will forever prevents the court from deciding your Los Angeles DUI. But even when the police brings your Los Angeles drunk driving case to the prosecutor within one year and it gets filed within one year, the case can be dismissed if the police does not comply with constitutional rules. One such rules is a “right to a speedy trial”. When a person’s speedy trial rights are violated, he can get speedy trial rights dismissal of DUI Los Angeles charges. Many […]
LOSS OF DRIVER’S LICENSE
AFTER DUI ARREST DMV AUTOMATICALLY REVOKES OR SUSPENDS YOUR DRIVER’S LICENSE. Upon a DUI Arrest, the arresting officer will take away your California driver’s license and mail it to the DMV. However, the arresting officer will not take your driver’s license, if you are visiting from another state and drive on your out of state driver’s license. Instead of hardcopy of your driver’s license, the arresting officer will issue a temporary driver’s license. This document will allow you to drive for 30 days from the date of the arrest. After 30 days your license will expire unless you request a hearing within 10 days from the day of the arrest. Without a hearing request the DMV will quickly […]
Statute Of Limitations For a DUI
In California, a DUI can be a misdemeanor or a felony. A felony DUI is filed when there are more than 3 prior DUI convictions, from the arrest date to the arrest date, within the past ten years. A felony DUI can also be filed when a Los Angeles DUI driver causes an injury to another person. Also, a felony DUI can be filed if you have a previous felony DUI conviction within the past 10 years. A misdemeanor DUI will be filed in all other instances and that is the majority of Los Angeles DUI prosecutions. Statute Of Limitation Misdemeanors Statutes of limitations can be found in California Penal Code sections 799-805. A misdemeanor DUI case has to be […]