The penalties for a San Diego DUI conviction can be very harsh. For example, even if you are a first-time offender, you could be sentenced to up to one year in jail, five years on probation, a fine of $1,000, and participation in a nine-month mandatory drug and alcohol education…
While any California DUI offense can have a serious impact on a person’s life, those DUI cases that involve an accident with injury are especially serious. Anyone facing such a violation must make sure to understand what they are facing, to better defend against the allegations. California Vehicle Code section…
In a recent California appellate decision, the appellate court considered the denial of a motion to suppress in a case involving felony DUI within 10 years of three prior DUI convictions in exchange for formal probation and dismissal of an enhancement and other charges. The DUI arose when a police…
Sometimes drunk driving leads to someone’s death. In that case, you may face multiple charges on top of any DUI charges that apply. In a recent California appellate decision, the defendant appealed a conviction for gross vehicular manslaughter while intoxicated and challenged the lower court’s denial of probation, among other…
California Vehicle Code Section (VC) 14601.3 states: “It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated a habitual offender.” Once…
Typically, when you are sentenced, and your sentence includes probation, one of the things you are ordered to do is not violate the law. If you are arrested, the arrest itself is not a probation violation. However, what ends up happening, is you will have a new open case and…
Driving under the influence of drugs, or DUID, is essentially the same as a DUI with alcohol. The code section reads: “It is unlawful for a person who is under the influence of any drug to drive a vehicle. “ In essence, the prosecutor has to prove that the defendant…
In California, if a person is initially arrested for driving under the influence, the case may be negotiated down to other, less severe charges such as a wet reckless, dry reckless, drunk in public, or even an exhibition of speed charge. Successful negotiation will depend upon the facts of the…
Recently, California Governor Jerry Brown signed SB 1046 into law after the State Senate and Assembly voted overwhelmingly in favor, (unanimously with the exception of one “no vote recorded” in the Assembly). This law will require that all persons convicted in California of a DUI, even a first offender, to…
Once a driving under the influence defendant pleads guilty or is convicted after a jury trial, their criminal record will reflect this indefinitely. Since criminal records are public records, they can be easily searched and found by law enforcement agencies, employers, and state licensing agencies. Most probationers want to get…