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Posts tagged "DUI"

Military Diversion Includes DUI Cases NOW

Military diversion includes DUI offenses now that the legislature has passed and the Governor signed legislation stating that misdemeanor DUI cases, VC 23152 violations, are included as divertable offenses per Penal Code 1001.80.  Appellate Courts in California were split on whether or not DUI cases were included because of an old statute prohibiting diversion in DUI cases.  The California Supreme Court was to decide in October, but since the legislature has clarified the diversion statute, the matter is resolved.

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.

DUI contacts and arrests are from multiple sources

DUI contacts and arrests come from multiple sources.  The most common reason for the initial contact is the traffic or equipment violations, but there are several other reasons also like accidents, citiizen calls, checkpoints and stops made while investigating other crimes.

Is there a DUI license Suspension on a First Offense?

A DUI can cause a DUI license suspension if convicted of a DUI and/or the blood alcohol (B.A.) level is .08 or more if you are age 21 or more and it is a first offense.  It is possible, however, to convert that 4 or 6 month suspesnion to a restricted license to and from and the course of employment and Court ordered programs.  If you are under 21 years old or on probation for a DUI there is a zero tolerance and a license suspension for 1 year will be imposed.  A critical need restricted license for work or school may be available for a first offense if you are under 21.  There is no restriction for one year if you are on DUI probation at the time of a second arrest.

Plea Bargaining in DUI Cases in Vista Courts

Plea bargaining in DUI cases in Vista Courts involves discussions with the District Attorney and can also include the Judge.  This is a process where the Defense Attorney negotiates the clients case in order to resolve it in the best possible way based on the evidence and other factors.  Settling a case avoids the risk and expense of a trial where the client could suffer a possible more serious conviction or greater penalties if convicted.  If the Defendant is not getting a sufficient benefit from the settlement and  has a good defense, then the case may proceed to a Jury trial where the risks vary with the facts of the case and the Defendants background or record.

What is a DUI Pretrial or Settlement Hearing?

A DUI Pretrial or DUI Settlement hearing can also be called a Readiness and is after the first appearance or arraignmment.  The purpose of this appearance is for the defense attorney to sit down with the prosecutor and discuss the case and possible settlement.  It is where the plea bargaining occurrs. The facts of a Driving Under the Influence case are very important in negotiating any resolution, but there are other factors considered and include the possible defenses, defendants background and impact the conviction as well as other mitigating factors.
 
The DUI case factors include the dangerousness of the driving, prior record, attitude with the officer, field sobriety test and one of the most important factors is the breath test and/or blood alcohol or drug level.  There are other considerations which which are very important like possible defenses, witness issues, technical problems with testing, detention issues, mitigating factors as well as individual backgrounds and conviction impact.  A DUI defense attorney knows what to look for and what is important in the negotiating process.  Sometimes alcohol or drug treatment, AA/NA meetings, military or combat service can also affect how a case is resolved.  
 
If there are valid defenses, DUI cases may be dismissed, if there are good defense issues then they may be used to get a lesser charge or penalty rather than litigate.  Every jurisdiction is different as are the prosecutors.  Penalties can go up based on whether there is an accident or high blood alcohol as well as other aggravating factors.  These pretrial or readiness conferences can be continued until ultimately the case is settled or goes to trial.  Most cases are settled based on these factors through negotiation and resolved without risking more serious consequences or charges. 

DUI Criminal Arraignment Proceedings in Vista

DUI criminal arraignment proceedings in Vista and throughout San Diego County, usually start with an arrest for DUI where the individual either remains in custody or bails pending arraignment.  However, sometimes there is an accident where the alleged DUI driver is injured and taken to the hospital and given a citation or later notified of the arraignment  after the blood results become available.

What is the DUI Pink Sheet Suspension Notice?

The DUI pink sheet suspension notice you get when you are arrested is also a temporary license for 30 days if your license was valid at the time of the stop.  It is extremely important that you read pink sheet.  It tells you that a suspesnion of your drivers license by DMV will take effect in 30 days from your arrest, regardless whether you have been to Court or convicted.  This suspension is in addition to any suspension arising from a conviction for DUI and the length of the suspension depends on the reason for the suspension and prior DUI history.

Maximum DUI Enforcement for the Holiday Season

Maximum DUI enforcement is in effect during the Holiday Season.  This means much greater law enforcement presence on the highways which results in increased stops and DUI arrests.  Thanksgiving, Christmas and New Years holidays are the "Black" Fridays of DUI arrests.  Certainly during the 3 or 4 days over those holidays, there are more officers on the road for traffic enforcement, especially DUIs, than at any other time except maybe Super Bowl, Memorial Day, 4th of July and Labor Day.

Are DUI and BUI (Boating Under the Influence) similar offenses?

DUI and BUI (boating under the influence) are siminlar offenses when it comes to the charges and penalties.  The BUI charges and penalties are outlined in California Harbors and Navigation Code section 655.  It is unlawful to operate a motor propelled vessel or motor propelled pulled equipment ( e.g. water skiis, aquaplane or similar towed equipment) on the water while under the influence of alcohol, a drug or a combination of alcohol and a drug.  You may be arrested and charged with "Boating Under the Influence".  This law applies to any vessel with a motor, whether it is the prime source of propulsion or not including sailboats.  It does not apply to sailboats without motors, canoes, kayaks etc.

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