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October 2016 Archives

A Petty theft in Oceanside is prosecuted in Vista Courts

A petty theft in Oceanside is prosecuted in Vista Courts, as are petty theft cases in Carlsbad, Encinitas, Escondido, San Marcos and Fallbrook.  Most petty thefts occur in retail outlets and are also called shoplifting.  Thefts of merchandise $950 or less in value are misdemeanors and carry fines and possible custody. Usually the individual is stopped by store security, interviewed by store security and held for the local police or sheriff to take over the investigation.

How do you read the DUI Breath Test Strip?

You read the DUI breath test strip from the top down.  That strip along with the precautionary checklist are important to understand the breath test result and whether the machine was working properly.  The DUI breath test strip is not generated from the portable field PAS breath test, but comes from the official testing equipment at the jail, police department, or can be in the field with a DUI Checkpoint.

Is a weapon necessary for assault with a deadly weapon charge?

A weapom is not necessary for an assault with a deadly weapon charge, commonly referred to as ADW, also known as California Penal Code 245.  There may be a weapon required for some of the subsections, however, one of the subsections simply requires "...assault on the person of another with a deadly weapon or instrument, other than a firearm, or force likely to produce great bodily injury..."