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July 2014 Archives

Are cell phone searches legal by a police officer?

Cell phone searches are legal by a police officer if he has a search warrant.  The U.S. Supreme Court decided in the case of Riley v. California just this June, 2014, that in most cases a search warrant is required.  There may be some exigent circumstances which could possibly excuse the warrant requirement, but that was not an issue nor really addressed in the Riley case.

Does a DUI Drugs have a DMV hearing issue like Alcohol?

DUI drugs do not have a DMV hearing issue if there is no alcohol involved or the alcohol level is under .08 for adults.  There may still be DUI charges but your license is not taken at the scene and there is no automatic suspension of your driving privilege in 30 days unless you set a hearing.  You still may have a license suspension depending on the resolution of your court case, but there is no additional DMV suspension proceeding as there is with alcohol.  That is why your license is not taken at the scene and you are not given a pink slip temporary.

Is Insurance Fraud a felony?

Insurance Fraud is a Felony under California Penal Code (PC) 550 in most cases.  It is punishable by possible probation and up to a year county jail or by a 2,3 or 5 year prison commit and up to a $50,000 fine or double the amount of the fraud, whichever is greater.  Insurance fraud takes many different forms.

Is a probation violation warrant issued for misdemeanors?

Probation violation warrants for arrest are issued for a misdemeanors.  However, with misdemeanor warrants, an attorney can almost always appear without you and get the warrant recalled.  There could be additional consequences for violating, but an experienced criminal defense attorney knows how best to try to avoid that.  There are two types of warrants, one for failure to appear on an open case, and the other is failure to do what was ordered as part of your probation sentence.

Why are DUI arrests greater on 4th of July in Oceanside?

DUI arrests are always greater over the July 4th weekend in all of California, not just Oceanside.  They are usually higher in beach communities in San Diego County like Oceanside, Carlsbad, Encinitas, Cardiff, Del Mar and La Jolla.  More people crowd the beaches for picnics, bar b ques, fun, sun and fireworks.  Usually all these activities are accompanied by alcohol and sun block.  Law enforcement realizes the increased drinking and driving during this weekend and has extra patrols and DUI checkpoints to try and keep drunk drivers off the road.