There is a DUI Necessity Defense making driving under the influence legal if there is a "Necessity" to drive under the circumstances to prevent significant bodily injury or evil to youself or others. It is a valid defense to Driving Under the Influence and...
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DUI “Pink Sheet” Suspensions
DUI "pink sheet" suspensions are separate from the supensions resulting from DUI convictions. The "pink sheet" is the Notice of Suspension and Temporary License that is given to you when you are arrested for an alcohol DUI. Your license continues to be...
Scooter Driver Cited for DUI in San Diego
A scooter driver cited for DUI in San Diego after he was involved in an accident with a vehicle whe he croseed in front of a car exiting SR 163. A sccoter with an electric motor is a "vehicle" for purposes of Driving under the influence of alcohol and/or...
San Diego DUI Arrests Are Down Due to Uber and Lyft
DUI arrests are down significantly in San Diego since ride share services of Uber and Lyft began. In a study by the Moll Law Group, DUI arrests have fallen by 32% since 2012 when Uber and Lyft began service in San Diego. There are still a significant...
Are DUI Checkpoints Constitutional?
DUI checkpoints, a.k.a. sobriety checkpoints, are handled on a state-by-state basis. Some jurisdictions allow them. Others do not. In other words, the constitutionality of DUI checkpoints is somewhat unsettled, at least on the national level. So far, lawmakers (and...
Can the Police Unlock Your iPhone?
The answer: It depends (of course). iPhones (and other types of smartphones) often have ways to keep unwanted eyes from prying. These methods range from passcodes to fingerprints. Apps themselves may have encryption, like some text messaging services, which purport to...
How Can a Drug Recognition Expert (DRE) Tell That You’re Driving Under the Influence of Marijuana?
Drug recognition experts, or DREs, are police officers with training on recognizing the signs of a driver under the influence of a substance, be it marijuana, cocaine, methamphetamine, or prescription painkillers, among other substances. Also known as drug recognition...
Does “Battery” require injury?
Simple Misdemeanor Battery per California Penal Code 242 does not require injury. Any rude or angry touching of another can be a battery even without injury. The law protects individuals from any willful touching in a harmful or offensive manner, and...
Drunk Driving Defense in Vista Courts and the DMV
Drunk Driving defense in Vista Courts and throughout California usually involve two different proceedings. There is the DMV administrative suspension proceeding against in invidual's drivers license and the Criminal Court case. Many people overlook the DMV...
DUI Arrests seem to Increase Super Bowl Weekend
DUI arrests seem to increase on Super Bowl weekend, so beware. Uber, Lyft, Taxi or have a designated driver for the festivities to avoid a DUI that could result in your arrest or an accident that could change your life and the lives of others. Having...
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Defending Against DUI and Criminal Charges Throughout San Diego County