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Posts tagged "DUI"

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 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 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 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 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 done DUI and Criminal Defense for years, Super Bowl Weekend always seems to result in an increase in arrests for DUI.

What Are the DUI Tests and is a Warrant Required in Oceanside?

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 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.