The COVID-19 pandemic has, to varying degrees, affected the entire world. All but the most essential businesses and government services were ordered to shut down. And while things started to re-open a few months ago, the recent surge in cases in California and across the country has resulted in many…
Today, the San Diego County Bar Association hosted a “State of the Court Address” online via Zoom. Presenters included the San Diego Superior Court Presiding Judge Lorna Alksne, Assistant Presiding Judge Michael Smyth, and Mike Roddy, the CEO of the Superior Court. There were over 2600 attendees in on the…
As you are aware, the nation is struggling with the corona virus pandemic, and our state courts and other institutions are also reeling. The information I’m about to provide is literally changing by the minute, so I will continue to post updates as needed. As of today, many counties in…
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…
In a recent California appellate decision, a defendant appealed a judgment entered after a jury trial in which he was convicted of a DUI under Vehicle Code section 23152 and DUI with a blood alcohol content (BAC) of .08 or greater. The lower court found the defendant had been convicted…
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…
The California Criminal Jury Instruction N. 875 provides that to prove a defendant is guilty of assault with a deadly weapon other than a firearm, the prosecutor needs to prove; (1) the defendant acted with a deadly weapon besides a firearm that due to its nature would directly, probably apply…
In a recent California appellate decision, the defendant pled guilty in two cases to driving under the influence (DUI) with a blood alcohol content that was greater than .08. In both of those California DUI cases, he admitted he had three prior convictions for driving under the influence and the…
Under section 23575 of the Vehicle Code, a judge can require somebody convicted of a first California DUI to install a working, certified ignition interlock device on any vehicle that person operates, and stop that person from driving except where a functioning certified ignition interlock device has been installed. A…
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…