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December 2013 Archives

Is a Drug DUI handled the same as Alcohol in Vista Courts?

A drug DUI carries the same consequences if convicted, but there are differences in how they are handled.  A drug DUI does not trigger the DMV suspension at the time of arrest like an alcohol DUI does.  They both trigger a suspension if convicted of driving under the influence whether it was alcohol or drugs.  This suspension can be immediately converted to a "restricted license" with the filing of the SR-22 proof of insurance, program enrollment and payment of a reissue fee.  Any alcohol DUI arrest triggers a four month suspension on a first offense if you are .08 blood alcohol (B.A.) level or more, or under 21 and .01 B.A. or more and you have to set a hearing to challenge that suspension.  It cannot be converted to a restricted license until after 30 days of the suspension has passed.

DUI Checkpoints in Vista, Oceanside, Carlsbad and Encinitas

DUI checkpoints significantly increase over the Christmas and New Year's holidays in Vista, Oceanside, Carlsbad, Encinitas and throughout California. These checkpoints not only result in helping to keep impaired drivers off the road by arresting them, but their mere existence also has a psychological effect on people deciding whether to drive after drinking.  Many people will think twice about getting behind the wheel after drinking alcohol or using drugs for fear they might drive get stopped at a checkpoint.  The costs of being arrested, vehicle towed, insurance, Court as well as the anxiety involved and possible impact on your future, far outweigh the inconveinence and minor expense of a taxi or other arrangement.

Vista Felony Reduction Means No Felony Record

Felony reduction to a misdemeanor is one of the best things you can do to help clean up your record in Vista Courts or any Court in California.  Once reduced, you are considered never to have had a feloiny and may be eligible to even own a firearm again.   Nearly every felony that is punishable by up to 1 year in county jail as well as a possible state prison sentence can be reduced to a misdemeanor.  At the same time you request the reduction, you may request expuyngement of the offense if you are no longer on probation. 

Expungement Now Has More Power in California

An expungement of a criminal offense in California results in a dismissal which can greatly increase your employability especially because of a new law taking effect January 1, 2014.  This law makes it a crime for an employer to ask about a criminal record if it has been expunged.  If you have been convicted of a crime and received probation, you must complete probation to be eligible for an expungement or request early termination of probation.   If there was no probation, you must wait a year after conviction to be eligible.  With felonies, you may also be able to reduce those to misdemeanors at the same time, then you will no longer be a convicted felony and have the charge dismissed.

How do I avoid a DUI in Oceanside?

Avoiding a DUI in Oceanside is easy.  Don't drive while impaired on alcohol or drugs and don't drive with a blood alcohol (B.A.) level of .08 or more.  How is that for good advice!  You are probably saying "...But how do I do that and still party?"  You plan your partying and have a backup emergency alternative if you are caught without a plan...like have someone you can call, or somewhere you can stay over night, call a cab,...or don't drink or use drugs.

Shoplifting season in Carslbad, Oceanside and Escondido

It is shoplifting season, especially in all the areas where there are large malls like Carlsbad, Oceanside and Escondido California.  Simply because the Christmas holiday season is the biggest shopping period of the year, everyone needs to get merchandise, either for themselves or others.  Sometimes it is just too tempting to take something mall, hide it in a jacket or purse and walk out.  Unfortunately, people just do not think of the ultimate cost to their lives, career, family and self esteem based on that one impulsive taking.  Theft is a crime of moral turpitude and can be used against you in a number of ways, like credibility and honesty.

DUI Blood Alcohol Level Considerations in Vista Cases

DUI blood alcohol and drug levels are always are changing.  DUI laws make it illegal to ""drive" under the influence of alcohol, drugs or a combination of the two or drive wiith over .08 blood alcohol (B.A.) level or more.  The B.A. level or drug level is always climbing or falling.  There are general guidelines which help forensic alcohol/drug experts estimate levels at the time of driving even though the tests are later. 

Vista DUI Court Proceedings

Vista DUI Court proceedings start with the initial appearance or arraignment. This is the first appearance after you have been arrested.  If you are still in custody this appearance is within 3 Court days of your arrest.  The purpose of this hearing is to advise you formally of the charges against you, regardless what you were arrested for.  The officer arrests you and books you for the the charges he feels are appropriate like VC 23152(a) driving under the influence and VC 23152(b) driving with .08 blood alcohol level or higher.  The reports are turned over to the District Attorneys Office, they review the reports to see if there is sufficient evidence to believe beyond a reasonable doubt that you committed those crimes.  There may be other crimes or information in a background check which justifies additional or different charges, like priors or susspended license charges.  The D.A. can add charges, delete charges or even reject the case.

DUI Restricted License Requirements for a North County DUI

A DUI restricted license for a North County DUI or California DUI, requires you go to the DMV, have no other active suspensions, have your insurance company file an SR-22 with DMV, have the DUI program file proof of enrollment in the program and pay $125 reinstatement fee to DMV.  If you lost your license from DMV for being .08 Blood Alcohol (B.A.) level or more, you have a 4 month suspension which can be converted to a one month suspension and 5 month restriction after the one month license suspension is served.

Are Misdemeanor Sex Offenses in Vista registerable?

There are some registerable misdemeanor sex offenses.  Registration per California Penal Code 290 is a lifetime registration requirement for registration as a sex offender with local law enforcement.  However,  registration for misdemeanor sex offenses may be terminated after the offense is expunged and a Certificate of Rehabilitation is granted.  There are several registerable misdemeanor sex offenses but the most common registerable misdemeanors offenses are California Penal Code (P.C.) 314.1 commonly referred to as indecent exposure, and and Penal Code (P.C.) 647.6 misdemeanor annoying or molesting a child under 18.  Some of the most common misdemeanor sex offenses that are NOT registerable we see in Vista Courts are P.C. 647(b) solicitation of prostitution and P.C. 647(a) lewd act in public.

Oceanside Harbor DUI Cases

Oceanside Harbor DUI cases are handled usually by the Oceanside Police Department.  The Oceanside Police Department now handles all law enforcement in the Oceanside Harbor area and they have taken over all Harbor Patrol duties.  There are several restaurants and bars in the Oceanside Harbor as well as the Oceanside Yacht Club and over 800 boats and RV camping sites.  The harbor is home to a number of activities and a great place to enjoy being on the water.  The fishing and water activities slow down considerably in the winter, and boating DUIs are less frequent.