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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 […]
How to drink without exceeding the alcohol legal limit in California?
A DUI in Los Angeles will typically be prosecuted when a person is above the legal limit. In California, a permissible alcohol level in blood is equal to 0.08% for adult non-commercial drivers who are not on DUI probation. Commercial drivers, when operating a commercial vehicle, are permitted to have no more than 0.04% blood alcohol content. Minors are not allowed to have any alcohol while driving under a zero-tolerance California law found in CVC 23136. A violation of zero-tolerance California violation is not a crime but it will result in a one-year driver’s license suspension. A “minor DUI”, found in CVC 23140 is an infraction-level offense with a blood alcohol level of .05 or lower BAC. An infraction is […]
Penal Code 1538.5: Unreasonable Search & Seizure
One of the best ways to win your case without going to trial is to win a search and seizure motion. Search and seizure motion in California is known as a motion under PC 1538.5. California Penal Code section 1538.5 does not allow police to search you or your car without a good reason. →When the police do not have a good reason to stop you, you have an “unreasonable search”, which is a violation of the 4th amendment to the U.S. Constitution, the California Constitution, and California Penal Code statute 1538.5. In a situation like this, you must file a motion to suppress the evidence that the police are trying to use at trial to prove that you are […]
DUI Refusal in Los Angeles
, Any driver arrested for a DUI in Los Angeles is required under California state law to submit to a chemical test. This test may be a blood test, a breath test, or, in rare cases where neither is available, a urine test. A DUI refusal in Los Angeles—that is, refusing to submit to a chemical test after a lawful DUI arrest—is treated much more seriously than a standard DUI. As an attorney handling DUI cases in Los Angeles, I regularly defend clients facing refusal allegations and help them avoid the harsh consequences that come with these allegations. How Los Angeles Police Advise Drivers About Chemical Testing When a Los Angeles police officer makes a DUI arrest, the officer must read, […]