Camp Pendleton Marines Face Severe Consequences for DUI

When a civilian client gets arrested for driving under the influence (DUI), known in California as a violation of California Vehicle Code (CVC) §23152(a) or §23152(b), I inform them that such a charge requires fighting a two-front battle. First, you are fighting a civil/administrative battle with the Department of Motor Vehicles. Second, you are fighting a criminal battle with the charging District Attorney’s office that is prosecuting your case.

When members of our Armed Forces get arrested for DUI off-base, there are additional penalties they are facing as a result of their employment as a member of the military. Read more

Greater than .15% BAC is No Enhancement for First DUI Offense

Often, when a person is arrested for DUI, the first thing the officer (or defendant) is concerned with is what their Blood Alcohol Concentration (BAC) was at the time of driving. California Vehicle Code §23152(b) makes it illegal to drive with a BAC of 0.08% or greater. Added to this violation, many district attorney’s and judges falsely believe that there is an “enhancement” for those drivers found with a BAC in excess of 0.15% BAC. Read more

DUI Checkpoints Assist California’s Financial Crisis

A recent story published on AlterNet.org describes the economic incentives behind the increasing number of DUI checkpoints in California, particularly in Orange and L.A. County. The federal government provides the California Office of Traffic Safety about $100 million each year to promote responsible driving that reduces roadway deaths. Of that, $30 million goes into programs that fund drunken driving crackdowns, particularly checkpoints. Read more

For Pilots, First DUI Has Greater Impact with the FAA

The PERFECT Way to Conduct Yourself When Stopped for DUI

Recently a colleague of mine was stopped for DUI and 148 (obstruction of justice). He is a seasoned criminal defense attorney and understood exactly what he was required to answer and what information he was at liberty to relinquish. I present his testimony as a narrative to model after to anyone who wants to know how to properly and legally conduct themselves during a DUI traffic stop by a police officer in order to preserve their constitutional rights and increase the odds of successfully defending against the inevitable criminal action. PLEASE READ AND FOLLOW the model described below. Read more

Drunk in Public in Long Beach? Get Your Charges Dismissed!!!

Second Street in Long Beach, also known as “Belmont Shore” has begun to crack down on public intoxication. Long Beach Police have drastically increased the number of arrests on patrons who have come to Second Street to enjoy the bars, restaurants, café’s and other establishments on the festive street. Specifically, numerous arrests for violations of California Penal Code 647(f) (aka “Public Intoxication” or “Drunk in Public“) have occurred in Long Beach in increasing numbers over the past few weeks.

California Penal Code §647(f) specifically states that one can be convicted of a misdemeanor for disorderly Read more

One DUI Arrest results in TWO charges filed

In California, if a person is stopped by a police officer and subsequently arrested for driving under the influence, the person will inevitably receive an indictment stating the client is being charged with TWO criminal charges (otherwise known as “counts”).  The arrestee will generally be charged with violating California Vehicle Code (CVC) §23152(a) AND §23152(b).  Read more

Pilots Can Lose Medical for Multiple DUI’s or Drug Charges

The Code of Federal Regulations, Formerly known as FAR’s, section § 61.15 specifically deals with offenses by pilots involving alcohol or drugs. A conviction for the violation of any Federal or State statute relating to the various actions related to narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for the denial of an application for any certificate, rating, or authorization for a period of up to 1 year after the date of final conviction or a suspension of your ratings. Read more

Stopped for DUI? Say NO to Field Sobriety Tests! (Part II)

If a driver is pulled over in Huntington Beach, Newport Beach, Long Beach or Santa Ana on a routine traffic stop and the police officer suspect’s intoxication, it is generally standard practice for the officer to request the driver to step out of the vehicle to perform field sobriety tests. To the officer and attorneys, these tests are otherwise known as “FST’s”. The driver is asked to perform simple physical or cognitive tests to assist the officer in determining the sobriety of the driver. The National Highway Traffic and Safety Administration (NHTSA) guidelines were set up to help make these tests more accurate. They are now called ’standardized field sobriety tests.’ Read more

Stopped for DUI? Say NO to Field Sobriety Tests! (Part I)

If a driver is pulled over in Huntington Beach, Newport Beach, Long Beach or Santa Ana on a routine traffic stop and the police officer suspect’s intoxication, it is generally standard practice for the officer to request the driver to step out of the vehicle to perform field sobriety tests. To the officer and attorneys, these tests are otherwise known as “FST’s”. The driver is asked to perform simple physical or cognitive tests to assist the officer in determining the sobriety of the driver. The National Highway Traffic and Safety Administration (NHTSA) guidelines were set up to help make these tests more accurate. They are now called ’standardized field sobriety tests.’ Read more

Next Page »