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What To Do If You Are Arrested For a Marijuana DUI in Los Angeles
It is illegal to drive under the influence of alcohol or marijuana. A Marijuana (stoned) driving can be prosecuted under California Vehicle Code section 23152(f). A driver cannot smoke marijuana while driving a car and a passenger cannot smoke marijuana while riding in a car (Health and Safety Code section 11362.3(a)(7) and (8). It is also illegal to possess an open container of Marijuana (HS 11362.3(a)(4)). However, Los Angeled DUI Attorney experienced that The Los Angeles City Attorney Office and the Los Angeles County District Attorney Office do prosecute Marijuana DUIs with less vigor then they do alcohol-related DUIs. If you are arrested for a Marijuana DUI, please call our office at (818) 921 7744 to talk to the Los […]
Cell phone Police Stop in DUI cases
It is probably fair to say that in many DUI cases, a police investigation starts with a traffic stop. Police can approach a driver because of speeding or weaving outside his lane or observe not hands-free cell phone usage. Cell phone police stop seemingly gives police a reason to stop a motorist. Once the police initiates a traffic stop and approaches a driver, a smell of an alcoholic beverage can cause a DUI investigation and can result in an arrest for a DUI. If that happened, please contact our office to talk to a Los Angeles DUI lawyer. Most police agencies follow strict protocol when it comes to DUI investigations and traffic stops including cell phone police stops. If you […]
Drunk Driving Arrest In Los Angeles After A Traffic Law Violation on Private Parking Lot
Some parking lots have sign limiting speed or regulating “stop and go” of traffic (such as “stop signs” or “no turning” sign or “one way” signs). If a driver violates a such sign posted on a private property, an a police officer observes it, can a driver be stopped and investigated for such violation? California Vehicle Code speeding sections (such as CVC 22350) apply the law of speeding to “highways”. Highways are defined in CVC 360 as, “…a way or place of whatever nature, publicly maintained and open to the use of the public for purpose of vehicular travel. Highway includes street.” Street is defined as ” a way or place of whatever nature, publicly maintained and open […]
DUI DEFENSE: UNLAWFUL ARREST
This article discusses one of several possible legal defenses for Los Angeles DUI: UNLAWFUL ARREST CONSENT IN ILLEGAL ARREST IN DUI DEFENSE RECENT CHANGES IN CONSENT IN ILLEGAL ARREST IN DUI DEFENSE ARGUMENT AGAINST ILLEGAL ARREST IN DUI DEFENSE We often see Los Angeles DUI attorneys litigate unlawful arrests in Los Angles DUI Defense cases. When such an unlawful arrest Los Angeles DUI case comes up, the evidence of the DUI can be suppressed and your DUI case can be dismissed. Below are a few cases to provide guidelines, legal analysis, and the court’s approach in ruling on motions to suppress evidence after an illegal arrest in DUI defense Los Angeles. CONSENT IN UNLAWFUL ARREST: DUI DEFENSE In 1970 Allan […]
Warrantless Blood Draw and Warrantless Entry Home
MISSOURI v. MCNEELY Subsequent to this court case, the CHP and other DUI police enforcement officers can get a warrant to draw blood if a DUI suspect refuses to submit to a blood draw or breath test. This warrant is known as McNeely Warrant. This case helps Los Angeles DUI Attorneys to defend warrantless blood draws. Now your Los Angeles DUI attorney can file a search and seizure motion when the officer forces a blood draw to get blood results suppressed and dismiss your Los Angles criminal case or Los Angeles DUI Case. In the Supreme Court case of Missouri v. McNeely, the court held that the elimination of alcohol in DUI drivers’ blood is not an exigent circumstance to […]
Alcohol Blood Test Consent in DUI Cases
California is not unique in having “implied consent law”, which is found in California Vehicle Code section 23612. The “implied consent law” requires drivers to submit to a chemical test upon arrest for Drunk Driving in Los Angeles. Many police agencies in California, including CHP, enforce “implied consent laws” by either threatening drivers with harsher punishment if they refuse to submit to a chemical test or by forcing Alcohol Blood Test (a very common practice in Orange County for instance). Once DUI defense attorney raises a 4th amendment issue, by alleging that the search was warrantless and therefore presumptively illegal, the burden shifts to the prosecution to show an exception to the search warrant requirement. Without a doubt, in most DUI cases […]
Requirements for Search After Arrest in Los Angeles
In 1965 3 Santa Ana police officers came to the home of Mr. Chimel with an arrest warrant for his arrest. He was at work. His wife let the police officers in and after about 15 minutes of waiting, Mr. Chimel got home and was arrested. After arresting Mr. Chimel in his home, the police officers did not leave but proceeded to Search After Arrest Mr. Chimel’s house without his consent. During the Search After Arrest, the police officers found evidence that was used to convict Mr. Chimel in Orange County Superior Court. Mr. Chimel appealed his conviction, but both, the California Court of Appeals and the California Supreme Court denied his appeal, holding that the Search After Arrest of Mr. […]
On consent to DUI chemical test in Los Angeles
This is a little technical post but very helpful in some Los Angles DUI cases. Every single DUI arrest in Los Angeles (and the rest of California) involves an eventual request to consent to DUI chemical test. Los Angeles Police officers (and peace officers of other agencies), after arresting a driver suspected of drunk driving, will tell a driver that he has to submit to DUI chemical test of his blood test or breath test. In other words, they are asking the driver to consent to search of his body for evidence of crime! This is a search and seizure (AKA 4th amendment) issue that can and need to be litigated. Why? Because not all consents are valid! US Supreme Court […]
Pulled over for Weaving (aka Swerving) and Arrested for a DUI in Los Angeles?
In this article Los Angeles DUI Defense Lawyer discusses Pulled over for Weaving and Arrested for a DUI in Los Angeles. Click on the links below to go directly to your topic of interest. CVC 21658(a) STOP AND ARREST FOR A DUI AFTER WEAVING MOTION TO SUPPRESS EVIDENCE IF YOU ARE PULLED OVER FOR WEAVING ONE OF MOST RECENT HELPFUL CASES FOR “PULLED OVER FOR WEAVING” CVC 21658(a) STOP AND ARREST FOR A DUI AFTER WEAVING Many DUI cases start from a violation of a traffic law where police can pull you over after observing a violation of the California Vehicle Code. Legally, observing any violation of the California Vehicle Code is a sufficient reason to conduct a traffic stop. If […]
Felony to Misdemeanor Reduction in GBI DUI Cases in Los Angeles
A DUI can be charged as a felony or misdemeanor depending on the facts of your DUI. Los Angeles DUI attorney can help defend your felony DUI case and often get felony to misdemeanor reduction. The felony to misdemeanor reduction will help you avoid a felony record if you are charged with a felony DUI in Los Angeles. When a DUI driver causes an accident and injures another person, he can be charged with a felony DUI. When injuries are severe, the prosecutor can allege a special allegation, pursuant to a Penal Code section 12022.7, that will make that DUI, a violent strike in California. A strike is a special kind of crime that will be treated more severely now […]