DUI Blogger

When it comes to appealing your driving under the influence conviction, you don’t want to hire just anybody. California appellate law is a technical and complex field that requires an attorney who not only knows how to play this unique game but who also knows how to win it. And, quite honestly, it doesn’t matter whether you’re appealing your first-offense DUI conviction or a major controversial issue such as same-sex marriage or abortion rights, having a skilled California appeals attorney is essential to the appeal’s success.

California appeals are very different than California trials. As a result, a California appeals attorney must think (and argue) very differently than a trial attorney. The issues, rules, arguments, and judicial decisions that comprise California appellate law are exclusive to appellate law.

Make no mistake about it. If you don’t have a California appeals lawyer who is readily familiar with the rules and regulations that govern this very specific area of the law, your case will be in jeopardy. It doesn’t matter how strong your case is if your attorney doesn’t know how to present it effectively.

Holiday weekends are notorious for yielding high DUI arrests. Especially here in California, where 2010 was labeled “the year of the checkpoint.” Officers are out in full force on the lookout for drivers who appear to be under the influence.

This holiday weekend is a little different. For some reason, California law enforcement agencies haven’t really released their DUI / driver’s license checkpoint schedules. Perhaps this is because the grants for these checkpoints have run out as the end of the year approaches or perhaps they just haven’t publicized their schedules yet.

Either way, make no mistake about it, cops will be on heightened alert. Whether counties are deploying extra DUI saturation patrols or are setting up sobriety checkpoints, the vigilance begins tonight as the holiday weekend officially kicks off.

As of now, here are the only California DUI sobriety / driver’s license checkpoints scheduled for this extended holiday weekend.

Friday, November 26th 2010
The Seal Beach Police Department will operate a DUI / driver’s license checkpoint on Pacific Coast Highway between 12th Street and Main Street from 8pm until 3am.

The Redlands Police Department will conduct its sobriety checkpoint from 10pm until 3am in the westbound lanes of Citrus Avenue between Central and Church Streets.

Happy Thanksgiving – and please, drive safely.

You’ve been convicted of driving under the influence…a conviction which, you believe was unfair. Is it worth it to file an appeal? What are the chances of overturning your California conviction on appeal?

First off, let me say, honestly, that your chances of overturning your California conviction on appeal depend in large part on your California appeals lawyer. It doesn’t matter how strong your case is if your attorney doesn’t know how to launch an effective appeal.

Beyond that, the chances of overturning your California conviction on appeal depend on the reason(s) why you are appealing. If you are appealing because you believe California’s DUI laws are too strict, because the cop was on a power trip and unfairly discriminated against you, or because you regret your decision to plead guilty, your chances of winning your appeal are slim to none.

If, however, you want to appeal because you believe the police, prosecutor, jury, or judge acted unethically…or because your trial attorney was truly incompetent (defined by a legal standard, not just the fact that he/she didn’t win your case)…then your chances of overturning your California conviction increase tremendously.

The best advice? Consult with an experienced California appeals attorney who can scrutinize your case to tell you whether or not the chances of overturning your conviction are in your favor. And do this fast…the timeframe for filing a California misdemeanor appeal is only 30 days from the date of judgment.

If you believe that you or a loved one is the victim of an unjust conviction and/or sentence, listen up…California appellate laws have very strict timelines and deadlines for appealing a California conviction.

If you have been convicted of misdemeanor DUI…and you wish to appeal your conviction and/or sentence…you only have 30 days to file your appeal according to the timelines and deadlines that govern California appeals.

If you have been convicted of a felony DUI, you have a little more time, but not much. The timeframe for appealing a California felony conviction is only 60 days.

And make no mistake about it – these timelines and deadlines for appealing California convictions are not suggestions. They are mandatory filing requirements that, if not strictly adhered to, will almost certainly render your appeal void.

So if you are even thinking to appeal your California conviction, it is advisable that you immediately consult with a California appeals lawyer to discuss this option. If you don’t act fact, the law prevents you from acting at all.

The fact that you believe you were unfairly convicted for driving under the influence may or may not provide grounds on which you may file a misdemeanor appeal in California. If you think the cops harassed you, were too hard on you, that the jury didn’t like you or your lawyer…these are, unfortunately, not legitimate reasons for filing a misdemeanor appeal.

If, however, you believe you were unfairly convicted because your attorney was incompetent, because the prosecutor acted unethically, because the jury based its verdict on an outside investigation, or because the judge sentenced you to a jail or prison sentence that exceeded his/her authority, those would be legitimate reasons for filing a misdemeanor appeal.

This is because a California misdemeanor appeal must be based on (1) a legal error, and (2) on a legal error that caused you prejudice. “Prejudice” means that if there were no legal error, there is a reasonable probability that the case would have had a more favorable outcome.

So if you believe that the police, either attorney, the judge, or jury committed an actual “legal” error, be sure to consult immediately with a California appeals attorney. California misdemeanor appeals must be filed within 30 days of your judgment. If they are not timely filed, your case will be rejected.

There are a number of reasons why your California DUI defense attorney would want to file a Penal Code 1538.5 PC motion to suppress evidence…they just depend on the circumstances of your arrest.

If you believe the cops didn’t have probable cause to pull you over in the first place, your attorney could file a motion to suppress any evidence that the police collected as a result of that illegal stop.

If the police searched your car before conducting a DUI investigation…and discovered an open container of alcohol…your lawyer could file a motion to suppress that evidence.

If your blood alcohol test didn’t comply with California’s Title 17 legal requirements, your attorney could file a motion to suppress the results of those tests.

As you can see, a motion to suppress evidence is applicable to a variety of situations and may be applicable to one of yours. If your Penal Code 1538.5 PC motion to suppress evidence is granted, it will typically either result in (1) a complete dismissal of your charges, or (2) a DUI plea bargain to a reduced charge and/or sentence.

If you are arrested for a California DUI, be sure to consult with a local experienced DUI defense attorney who can review your case to determine whether a motion to suppress evidence can help your case.

California’s victim restitution laws provide that any person who suffers an economic loss due to another person’s criminal act is entitled to recoup those expenses. This means that if you are arrested for driving under the influence…and the incident involves an accident…California law may require you to pay victim restitution.

If the victim can prove that your conduct substantially contributed to his/her losses, the court will order you to pay the full amount of those damages as a condition of your probation. California’s victim restitution laws don’t require that the criminal conduct be 100% responsible for the losses, but rather that it is a substantial factor in causing the damage(s).

If you are truly unable to make the payments, the court may modify your probation, although the victim will be able to pursue the damages through a civil judgment. If you willfully fail to pay, that willful failure can be construed as a probation violation, subjecting you to incarceration.

Remember, these California victim restitution laws are based on the assumption that your DUI substantially contributed to the victim’s injuries or damages. If you maintain that…despite the fact that you were DUI, you were not responsible for the accident…you should fight the allegations so that you are not being unfairly made to pay restitution for damages that were not your fault.

Electronic monitoring is a sentencing alternative to jail or prison. California’s electronic monitoring programs allow certain defendants to serve their time on house arrest rather than being incarcerated.

And even defendants who have been convicted of a California DUI could be eligible for this type of alternative sentence. The key to obtaining electronic monitoring lies in having an experienced attorney who is knowledgeable about the rules and regulations that govern this type of alternative sentence.

A California DUI offender would typically qualify for two types of electronic monitoring: the SCRAM device and home detention. The SCRAM device is an ankle bracelet that the defendant wears to monitor alcohol concentration through the skin. Home detention is a type of electronic monitoring that constantly monitors your whereabouts. Typically this type of detention is also monitored through an ankle bracelet. It transmits signals to the monitoring agency, informing them of any attempts to tamper with the bracelet or of any curfew or radius violations.

To learn more about California’s electronic monitoring programs, consult with a local California DUI defense lawyer to find out about the types of programs offered in your county.