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August 2013 Archives

What effect does an Escondido DUI arrest have on my license?

     An Escondido DUI arrest can cause a suspension of your license, but there are things that can be done to try and avoid a suspension or minimize it.  If you are 21 or over with a valid drivers license,  you will be given a pink sheet 30 day temporary license and suspension notice if the officer believes you are .08 blood alcohol or more.  You must contact DMV within 10 days of your arrest to request a hearing to challenge any suspension.  Failure to do so will waive any hearing and result in an automatic suspension for 4 months if this is your first DUI offense and 1 year if this is a second DUI offense in 10 years.  This suspension will start 30 days after your "driving under the influence" arrest. This suspension is in additon to any suspension triggered by a DUI conviction.  By requesting a hearing, you can get a 60 day temporary license instead of the 30 day pink sheet and delay any suspension pending the results of the hearing.      

Domestic Violence Cases in Vista Courts

     Domestic Violence cases in North County are handled at the Vista Courthouse.  They usually involve some physical touching of a spouse or someone you have had a dating relationship with.  Most of the time there is a 911 call which triggers a police response.  DV or Domestic Violence calls can be very dangerous for everyone involved, including the police.  Tempers are hot, emotions are high and there could children, alcohol or weapons involved.   Police upon arrival will separate the parties, investigate the incident and almost always arrest one of the parties they believe to be the aggressor regardless if the "victim" wants them arrested or not.  Domestic violence arrests can be for felony spousal abuse with an injury or misdemeanor spousal battery without an injury.  There can be other charges like vandalism if property is destroyed.

Drug Offenses in Vista and North County

     Drug offenses in Vista, Oceanside, Carlsbad, Escondido, and Encinitas vary by locale and from simple possession, possession for sale, sale, transporting, to manufacturing.  The criminal penalties go up with the seriousness of the case.  A simple possession of some drugs may be filed as a misdemeanor or a felony  depending on the facts of the case and the individual's background.  There may be alternatives to a conviction with treatment or classes through the Diversion process.  A person may qualify for "prop 36" treatment if not eligible for Diversion.  Prop 36 involves a program, 18 months of probation and utilamately a dismissal.  Finally, there is also Drug Court which is an intense program of treatment and monitoring.

What is Carlsbad DUI Arrest Booking Procedure?

     When arrested for a DUI in Carlsbad, your car is generally towed and you are taken to the Vista Jail for official breath or blood tests and booking.  You are held for several hours in a "holding cell" until the booking procedure is completed and bail is set.  There is access to a phone in that cell, and if you arrange bail to be posted, you will be released usually with 4-8 hours of posting.

What happens after a Vista DUI arrest in Court?

     After an arrest for DUI in North County, which includes the major population areas of Oceanside, Vista, San Marcos, Escondido, Fallbrook, Carlsbad, and Encinitas, the police reports are forwarded to the North San Diego County District Attorney's Office in Vista for issuing.  If the person arrested is still in custody, they must appear in Court within 3 Court days, if released on bail the first Court date is usually set off 30 days on a misdemeanor and 7 days on a felony DUI.

The difference between Oceanside DUI and a Camp Pendleton DUI?

     Arrests for driving under the influence in Oceanside, California, are made by the Oceanside Police, or the California Highway Patrol.  The Oceanside Police also act as Oceanside Harbor Patrol.  Marine Corps Base Camp Pendleton, Oceanside California, is a very large Marine Base.  It is patrolled by Military Police.  However, there are areas of the base which have joint jurisdiction, which means both California law enforcement and military police can enforce the DUI laws.

What is the difference between Petty Theft and Grand Theft?

A petty theft is the taking of property valued at $ 950 or less and is a misdemeanor punishable by up six months jail and $ 1000 fine, taking less than $50 in value may be petty theft as an infraction.  A grand theft is the taking property of valued at more than $ 950 and is a felony punishable by up to 1 year in County Jail and probation or up to a 3 year prison commit.  There are also other forms of grand theft which vary depending on the type of property taken, firearms, livestock, agricultural produce etc.