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September 2014 Archives

What do DUI Jury Instructions say about driving and impairment?

DUI jury instructions define for the jury the specific issues they have to decide beyond a reasonable doubt in order to convict someone.  There are often a number of instructions read to the Jury at the conclusion of the case depending on the evidence presented, the specific charges and allegations an individual is facing and evidence presented by the District Attorney and the Defense.

When is a felony reduction to a misdemeanor available?

A felony reduction to a misdemeanor is possible for most felonies.  California Penal Code (PC) 17(b) outlines when a felony reduction to a misdemanor is possible.  A felony is any charge that is punishable by imprisonment in state prison or county jail under a PC 1170(h) commitment.  A felony that can be reduced to a misdemeanor states that it is also punishable by imprisonment in county jail up to one year.  If the punishment for the crime does not indicate specifically that it is punishable by county jail up to one year, then it is non-reducible.  Most charges can still be expunged if there was no prison commit or a certificate of rehabilitation may be available if there was a prison commit.

What can a Criminal Defense Lawyer do if I'm guilty?

A Criminal Defense Lawyer can do alot, even if you are guilty.  Just because you think you may be guilty of the charges, a criminal defense lawyer can review the case and defenses to see whether or not you can be proved guilty beyond a reasonable doubt.  Even if you can be proved guilty, the lawyer knows what factors are important in trying to negotiate the charges with the District Attorney to get them reduced or dismissed.  There may be alternatives to prosecution and different ways the case can be handled.

Traffic ticket Courtesy Notices are not required

Traffic ticket cases "Courtesy Notices" mailed to you after you have been cited are not required.  When you get a ticket or citation, you sign a receipt for the ticket which is given to you and you promise to appear at the date time and place indicated on the citation.  No further notice is required since you have been advised and acknowleged your court date. 

Does a Vista Domestic Violence call always result in an arrest?

A Vista domestic violence call, or any domestic violence call in North San Diego County, almost always results in someone being arrested.  There are very few circumstances where an arrest will not occurr regardless whether the "victim" wants anyone arrested or not.  Years ago, there was not always an arrest, but because of cases where someone was killed or seriously injured after a police intervention without an arrest, policy now dictates an arrest in nearly every call.

Where are DUI arrests most likely in Carlsbad?

DUI arrests are most likely in Carlsbad in five different areas.  These areas see the most traffic and are patrolled more than the residential areas.  Some areas  have both Carlsbad Police and California Highway Patrol actively involved in DUI enforcement.  The areas patrolled by both Carlsbad Police and CHP are the freeways I-5 and the "78".  The Coast Highway and El Camino Real are also major roads which are heavily patrolled and subject to DUI Checkpoints.

What is the DUI "pink sheet" I got after arrested in Oceanside?

The DUI "pink sheet" given to you after an Oceanside or any California arrest is a temporary license and Notice of Suspension.  It is very important and you should read it.  This "pink sheet" tells you that you have a full privilege to drive if your privilege was valid at the time of arrest, however, after 30 days from the arrest, a supension of your driving privilege will automatically take effect UNLESS you set a hearing by contacting DMV within 10 days of your arrest.  It is only issued for alcohol DUI cases or refusals not Drug driving under the influence cases.