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 related sections and many other charges. This defense must be looked at against the requirements of the Jury Instructions which define the "Necessity Defense".
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 number of DUI arrests each year, but Uber and Lyft have definitely had a beneficial impact on the number of cases.
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 administrative suspension proceedings and don't realize that the pink sheet notice of suspension and temporary license is separate from the arrest and criminal court proceedings.
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 done DUI and Criminal Defense for years, Super Bowl Weekend always seems to result in an increase in arrests for DUI.
Field Sobriety Tests: No Warrant
Police officers test for impairment in driving under the influence cases with a number of different tests. These include physical field sobriety tests - testing for horizontal gaze nystagmus, walk a straight line, heel to toe, stand on one leg, touch your nose, finger count, counting backwards, alphabet, 30-second time estimate, and hand pat. Field sobriety tests often involve several of these observational tests. The "suspect" is judged on appearance, following instructions and test performance.
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.
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 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.
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 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.