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Posts tagged "DUI lawyer"

Is a Prescription Drug DUI the same as an alcohol DUI in Vista?

      A prescription drug DUI is treated the same as an alcohol DUI in Vista Courts.   The purpose of the "drunk driving" laws is to keep impaired drivers off the road as they pose a danger to other drivers and pedestrians.  Just because you have a prescription doesn't mean you are not impaired for purposes of driving if the drug effects your perception, judgement, reflexes and other mental and physical abilities required in driving a motor vehicle.  A prescription drug DUI is included in the California Vehicle Code section 23152(a) which states it is illegal to drive under the infliuence of alchol and/or a drug.

Vista Dui Cases with priors may have an alternative to Jail

     Vista DUI cases where the person has a prior DUI or "wet reckless" arrest and conviction in the last 10 years faces mandatory custody.  The amount of time an individual faces depends on the facts of their case, and any aggravting or mitigating factors.  There can be alternatives to actual jail time.  As long as the prior conviction and the new case are misdemeanors, the mandatory jail time ranges from a minimum of 96 hours to 1 year on a second offense, and 120 days to a year on a third offense.  A  fourth offense in 10 years is a felony and may not have the same options.

Vista DUI and Criminal Court proceedings

     Vista DUI and Criminal Court proceedings start with the first appearance or arraignment, then readiness conference, technical motions and ultimately trial if the case cannot be resolved.  Over 95% of all cases are resolved through this process without a trial.  

Does a Marine's Oceanside DUI effect him on base?

An Oceanside DUI or any civilian DUI can have significant consequences for a Marine on Base or at his Command.  A driving under the influence conviction can be a career ender for staff NCOs and Officers.  Even junior enlisted personnel may not be re-enlisted.  If the command is aware of the offense, you can loose your base driving privilege for one year, have promotions, schools or orders cancelled.  Additionally, junior enlisted usually face NJP (non judicial punishment) which can include loss of a stripe, forfeiture of some pay and allowances and restriction to base.

Carlsbad "Wet Reckless" counts like a DUI prior in Vista Courts

A "Wet Reckless" conviction counts like a DUI prior for future offenses throughout California, not just Vista Courts.  A reckless driving with alcohol in your sytem is commonly referred to as a "wet Reckless" and is often used as a stipulated lesser offense in negotiating driving under the influence cases.  The defendant gets a lesser charge that has only 3 years probation instead of the usual 5 years in a DUI case, the minimum fine is usually about $ 1200 versus $ 2100, and the same drinking driver program is required if the driver was .08 or more.  The District Attorney gets a priorable offense which will cause a future DUI to be considered a second for all purposes.

Do Vista DUI cases require driving?

A DUI charge requires proof of "driving" beyond a reasonable doubt.  The vast majority of cases, the officer pulls the individual over for a moving or fix-it violation and can testify to the actual driving.  The reason for the initial contact may be subject to a motion for an illegal stop if there is insufficient evidence to justify the stop and detention of the driver.  The driving itself is witnessed by the officer who saw the vehicle move under the control of the person in the driver's seat.

Where are most Oceanside DUI arrests?

     Most Oceanside DUI arrests occur downtown Oceanside, the I-5 freeway, Highway 76, Highway 78 and El Camino Real.  California Highway Patrol makes most of the I-5, Hwy 76 and Hwy 78 arrests and Oceanside Police Department make most of the arrests downtown and on El Camino Real.

On a DUI in Vista Courts, can an Attorney appear for me?

     An attorney can make all of your appearances on a misdemeanor DUI in Vista Courts and throughout California for you.  A misdemeanor is a first, second or third offense within 10 years.  The bail or bond will continue on the case as long as an appearance is made by the defendant or an attorney.  Family members or friends cannot appear for you, only an attorney or yourself can appear.  Failure to appear results in a forfeiture of bail or bond and a warrant for your arrest.  Additionally, it can cause a driver's license suspension and possibly additional charges for failure to appear.

Are DUI Field Sobriety Tests important in a Vista DUI case?

     Field sobriety tests in a Vista DUI arrest and Court case are important.  However, DUI field sobriety tests are only one factor.  Most DUI arrests in Vista, Oceanside, Carlsbad, Escondido and North County, result in 2 charges being filed.  VC 23152(a) Driving under the influence of alcohol and/or a drug and VC 23152 (b) Driving with .08 or more blood alcohol level. 

DUI Chemical Test Refusals may result in license suspension

     DUI Chemical Test refusals after a DUI arrest may result in the loss of license for 1 year on a first offense with no chance for a restricted license by DMV regardless of whether criminal charges are filed.  In getting a drivers license, you impliedly consent to submitting to a chemical test to determine intoxication.  If you refuse, it triggers a DMV admninistrative procedure whcih could result in a 1 year suspension on a first offense and much longer on offenses with priors.  You are served a pink sheet 30 day temporary license and suspension notice stating you have 10 days from the arrest to set a DMV Hearing to challenge to refusal suspension.