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.
Marijuana DUI cases in Vista Courts are on the rise as they are statewide. With the passage of California laws legalizing recreational and medical marijuana, it will become an increasing issue on our highways. Just because it is now legal, doesn't mean that it is legal to drive with it in your system if it impairs your ability to drive with the same care and caution as a sober person under similar circumstances. The same goes for any drug, prescription or not, with or without alcohol involved.
Prosecution of marijuana DUI cases in Vista Courts have not changed with the passage of Prop 64 legalizing the recreational use of marijuana. The new law affects the possession, cultivation and sale of marijuana. Just like prescription drugs are not illegal with a prescription, you can still be prosecuted if you drive a vehicle while your ability to operate a motor vehicle is impaired regardless of the legality of the substance or alcohol used. The law is intended to safeguard the public by keeping impaired drivers off the road.
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.
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.
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.
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.
Driving is necessary to prove DUI in Vista and all of California, and is an element of the crime just like impairment or being .08 blood alcohol level or more. It must be found beyond a reasonable doubt that the person was in control of the vehicle and there was some voitional movement of the vehicle. Driving does not have to be seen by the officer, but can be proven by testimony of other witnesses or the "circumstances" which may show driving beyond a reasonable doubt.
A medical marijuana DUI is a DUI, it does not matter you have a medical authorization to use marijuana. It is the "driving while impaired" reagrdless whether it is a prescription drug, illegal drug, medical marijuana or alcohol. The issue is whether or not you were impaired for purposes of driving so you no longer had the ability to drive with the same care and caution as a sober person under similar circumatances.