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Posts tagged "DUI Defense Attorneys"

DUI is legal if there is a "DUI Necessity Defense"

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".

Military Diversion for DUI Cases Update

Military diversion for DUI cases was ruled on by 2 different appellate courts in California, each with a different opinion.  The issue has been whether or not military diversion per California Penal Code (PC) 1001.80 applies to DUI cases in California.  PC 1001.80 was enacted by the legislature, took effect in January 1, 2015 and authorized individuals who are currently or had been in the US military a diversion for a misdemeanor resulting in dismissal rather than a criminal conviction.  

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. 

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.

Drug DUI in North County

A drug DUI in North San Diego County is treated similarly to an alcohol DUI.  Once someone is pulled over and the officer notices some impairment, if there is no alcohol in a breath test or there are other indications or statements concerning recent drug use, then the officer will want to take a blood test for drug analysis by the crime lab.  If you do not consent to a blood test, the officer should get a warrant for the blood draw absent any exigent circumstance.  The problem with refusing is the loss of license for a year for the refusal regardless whether there is alcohol or drugs in your system.