DUI Blogger

Cops are trained to look for fake or stolen registration tags or stickers. When they suspect that they see such an item…or even sometimes when they don’t…they will “run” your license plates to see if everything checks out. Sometimes they discover that you are guilty of violating California Vehicle Code 4463 VC fraudulent vehicle registration, have a warrant out for your arrest, or that everything’s on the up and up.

However, when they find a violation, such as California Vehicle Code 4463 VC fraudulent vehicle registration, they will initiate a traffic stop, and that could lead to a variety of other charges.
If you’re driving drunk, if you have drugs or weapons in plain sight, if you don’t have your license on you…anything the cops can arrest you for will be added to the initial violation…and most likely filed as a charge by the prosecuting attorney’s office.

And what may seem like an “insignificant” charge like fraudulent vehicle registration is actually a felony, punishable by up to three years in a state prison. If arrested on this charge, you should immediately consult with an experienced California criminal defense attorney who can help you fight or at least reduce this serious fraud offense.

California’s voluntary manslaughter laws apply to those who kill in (1) the heat of passion, or (2) during a sudden quarrel. This offense is typically a reduction from what would otherwise be a murder charge. California law provides this reduction based on the fact that there are certain situations that would compel even a normally “rational” person to act irrationally.

However, you can be convicted of violating California’s voluntary manslaughter law for acting with a conscious disregard for human life.

So it would make sense that if you get behind the wheel after having too much to drink…and kill someone in the process…California law would say that you acted with a conscious disregard for human life and are therefore guilty of violating California’s voluntary manslaughter law. However, this isn’t the case.

California has its own set of laws that regulate DUIs that cause death. And…interesting enough…while all essentially involve the same “conscious disregard for human life” standard, none of them subject the driver to voluntary manslaughter charges.

If you kill another person while you are DUI…because you committed a negligent act while driving in addition to driving under the influence…you face penalties under Penal Code 191.5(b) PC California’s negligent vehicular manslaughter while intoxicated law.

If you kill another person while you are DUI…because you committed a grossly negligent act while driving in addition to driving under the influence…you face even harsher penalties under Penal Code 191.5(a) PC California’s gross vehicular manslaughter while intoxicated law.

If you kill another person while you are DUI…and because you suffered at least one prior DUI conviction, know first-hand the dangers involved with drinking and driving…you face second-degree murder charges, which are known as Watson murder charges.

So while you could face vehicular manslaughter or even murder charges if the death is related to a DUI, California’s voluntary manslaughter laws do not pertain to driving under the influence.

Even though driving under the influence is one of the most common misdemeanor crimes in California…it seems as though everyone knows at least one person who has been convicted of this offense…that doesn’t stop prospective employers, loan agencies, universities, or others from using it to discriminate against you. But that doesn’t have to be the case any longer.

As long as you (1) successfully completed your probation, and (2) are not currently charged with another offense, on probation for another offense, or serving a sentence for another offense, you are eligible to have your case expunged.

Penal Code 1203.4 PC California’s expungement law allows you to clear your conviction. In fact, Penal Code 1203.5 PC California’s expungement law provides that once your conviction is expunged, you are discharged from all “penalties and disabilities” arising from the conviction. This means that you no longer have to disclose the conviction on employment applications, loan applications, or any other document with very few exceptions. You must however still list the conviction on any state licensing applications, any public office applications, and disclose the conviction in any negotiations with the state lottery.

Early yesterday morning, Braylon Edwards was arrested in New York on suspicion of driving under the influence. He reportedly blew a 0.16% on the breathalyzer. And just like California’s DUI laws, it is illegal to drive with a blood alcohol concentration of 0.08% or greater.

Edwards was pulled over for having excessively tinted windows on his Range Rover. When the police approached the car, they smelled alcohol (although there were four other people in the SUV at the time).

The Jets general manager said the team would take the appropriate disciplinary measures once they investigate the allegations. Ironically, the team provides a 24-hour luxury car service for all its players to avoid situations just like these. Players aren’t even charged for the service, it’s provided free-of-charge by the ball club.

This isn’t Edwards’s first run-in with the law. He was also arrested last year in Cleveland for punching a friend outside of a nightclub.

Even if you’ve been acquitted of a California DUI by a judge or jury, the fact that you have an arrest on your record can get in the way of prospective employment, state licensing, housing and financial applications. Unfortunately, the fact that you were acquitted won’t win you much favor. Any criminal activity can…and most likely will…be used against you in virtually every way possible.

Fortunately, California law provides some relief. If you (1) were acquitted of a California DUI (or any other California crime), (2) had your case dismissed, or (3) the prosecutor never filed charges after your arrest, you are eligible to have your California criminal record sealed and destroyed.

Having your California criminal record sealed and destroyed opens countless doors and leaves your unfortunate mishap in the past. Once your arrest is sealed and destroyed, you are free to treat it as if it never happened. No more shame, rejection, or discrimination...it’s as if you’ve been given a fresh start.

Speak to a California expungement lawyer today to find out how to secure your new, brighter future.

California’s search and seizure laws permit an officer to conduct a lawful search and seizure of a suspect’s body incident to arrest. The laws also allow an officer to conduct an inventory search prior to impounding a car. However, any violations of the rules and regulations that make up these laws can result in a suppression of illegal evidence.

This means that even if you were technically driving under the influence and/or technically guilty of possessing drugs, carrying a concealed weapon, or any other crime, if the police didn’t act in strict accordance with California’s search and seizure laws, the illegally obtained evidence cannot be used against you.

This could be the case if, for example, the officers pull you out of your car and search it before they even realize you might be DUI. This kind of situation is not at all uncommon. Police engage in this behavior when they are involved in racial profiling, are driving in a “bad area” late at night, or are simply on a power-trip acting in an overzealous, unlawful manner.

Don’t ever assume that just because you’ve been arrested for a California DUI…or for that matter, any California crime…means that you are automatically guilty. This is why it’s always advisable to discuss your case with a skilled California criminal defense attorney prior to pleading guilty.

Just because you’ve been convicted of a California DUI, all hope is not lost. There are so many factors that a skilled California criminal defense attorney could challenge during the case or on appeal.

Prosecutorial misconduct, jury misconduct, ineffective assistance of counsel…these are all issues that could cause a mistrial or overturn a conviction, which could ultimately acquit you of your drunk driving charges.

Take, for example, jury misconduct. If you or your attorney discover the fact that a juror lied about his/her personal prejudices during the jury selection process which prejudiced you from receiving a fair trial, refused to deliberate during deliberations, conducted an independent investigation of the case, or relied on outside evidence to decide your fate, the judge may have to declare a mistrial.

A mistrial could result in your case being retried or dismissed. When these types of issues present themselves, it presents you with another chance to fight your case…and another chance to have the case resolved in your favor.

When you’re arrested for a California DUI, the overall experience can be one of the most frightening and overwhelming of your life. What’s going to happen to you? When will you be released from jail? Will you be able to bail out? When will you get to make your first phone call to ask a friend/family member to bail you out? These and about a zillion other questions will likely be running through your mind.

Posting bail may be one issue that you do not need to consume yourself with. Most first-time DUI offenders are eligible for O.R. release. Being released on your own recognizance (more commonly referred to as an O.R. release) is a benefit that the judge may be willing to grant you as long as (1) you don’t pose an overall public safety risk, and (2) the judge believes you will attend all of your court appearances.

Being released O.R. can save you and/or your friends/family thousands of dollars, which is why it’s definitely worth pursuing. And even if the judge seems reluctant to grant your O.R. release, he/ she may be persuaded to do so if you can prove that your community ties are so strong that you are unlikely to “skip town” or if you propose release conditions, such as agreeing to attend alcohol/drug treatment.

Because a “no contest” plea is essentially the same as a guilty plea…given that both result in a sentence…you may not give much thought to which plea to enter if you are about to be convicted of misdemeanor driving under the influence. But if your DUI involved any other cars, passengers, pedestrians, or property, which plea you enter can make a world of difference.

This is because a California “no contest” plea will not automatically subject you to liability in the event a civil lawsuit arises. A guilty plea will. This is the major difference between the two pleas.

If you injured someone or damaged someone’s property as a result of your alleged criminal conduct…and that person files a civil lawsuit against you…a guilty plea is admissible as evidence against you in the civil suit. And because the burden of proof is much higher in a criminal case than in a civil case, that guilty plea is enough to find you civilly liable.

If, on the other hand, you entered a California “no contest” plea, the civil suit would proceed as if there was no criminal case against you. The burden would be on the plaintiff (that is, the person suing you) to prove that you were responsible for the alleged injuries/damages.

A word to the wise… anytime you enter anything other than a “not guilty” plea to a California misdemeanor charge, make sure it’s a “no contest” plea. It can’t hurt, and it certainly can help.

Faith Evans, the Grammy-award winning singer and wife of late Notorious B.I.G., was arrested at a Marina Del Rey DUI / sobriety checkpoint late last month. LAPD made the arrest and last week the Los Angeles City Attorney’s Office filed two charges…driving under the influence of alcohol and driving with a blood alcohol concentration of 0.08% or higher.

If convicted, Evans faces up to six-months in a county jail. However, unless there were severe aggravating circumstances, a jail sentence will not likely be imposed in connection with this first-offense DUI.

Evans’ arraignment is set for September 16, 2010. It is during her California DUI arraignment that the singer will have her first opportunity to enter a plea in the case. There have been no public comments about the case from Evans or her attorney, so whether she will plead guilty, no contest, or not guilty is anyone’s guess.

Generally speaking, people who are represented by attorneys tend to plead “not guilty” during the arraignment phase of the California criminal court process. This gives the defense lawyer an opportunity to review the police report, speak with the prosecutor, and obtain the state’s evidence.

If Evans pleads “not guilty”, her case will be continued for the pre-trial process where both sides will exchange more evidence. And like most California DUI cases, the case will probably resolve via a DUI plea-bargain.

As a California attorney, you are held accountable not only for your professional conduct, but for your personal conduct as well. And while this may seem like an unfair standard, it is, unfortunately, the way it is.

If you were to commit fraud, theft, sexual harassment, or any other job-related offense while on the job, the State Bar of California would certainly discipline you…no surprise there. However, this also means that even if you are driving home from a wedding and are arrested for a DUI, are accused of domestic violence against your spouse, or are caught carrying a concealed weapon, the Bar will likely take action as well.

Arrests and convictions subject California attorneys to discipline…whether job-related or not. And what’s worse is that you have a personal obligation to report any pending criminal matters or convictions to the State Bar.

The good news is that the Bar will not revoke or suspend your license without a hearing. This is your opportunity to show why your personal arrest or conviction does not justify professional discipline.

So California attorneys, beware…your personal life can significantly impact your professional life.