Tuesday, October 29, 2013

In alcohol-related DUI stops, cops usually try to coerce the driver into blowing in an optional hand-held breath test (PAS) gadget but what will police use in a marijuana-related DUI stop, California DUI attorneys ask?

When California completely legalizes marijuana, will drivers be able to smoke & drive, California DUI lawyers are asked.  Northern California, home of much of farmed cannabis, explores the issue in this video, say California DUI criminal defense attorneys.

In alcohol-related DUI stops, cops usually try to coerce the driver into blowing in an optional hand-held breath test (PAS) gadget.  In a marijuana-related DUI stop, what will cops use?

Is there a breathalyzer for pot?  If there is, is it reliable?  Many suggest more research needs to be done before such a marijuana roadside test should be utilized.  

It is going to be extremely difficult to come up with a reliable and effective marijuana test.  There are so many complex variables.  Different consumption times and amounts may or may not show up on the type of marijuana breath test proposed and it may have nothing to do with one's marijuana level at time of driving.

It is assumed California will follow the lead of other states like Colorado and Washington and set a THC level upon which it is per se illegal to have in your system while driving.  Currently,  DUI-Drugs is illegal under California law but even medical marijuana smokers must be impaired to be prosecuted by DUI prosecuting attorneys.

In Washington & Colorado it is lawful to have an oz of mj but unlawful to drive if one's THC (psychoactive ingredient of marijuana) is 5 nanograms per mililiter of blood.  Washington's low threshold is unduly harsh.  Each person or patient is different and usage/effects vary with milligrams needed to alleviate symptoms.

It is not uncommon for a drive to be a regular marijuana user, have a certain THC level and be over the limit but not impaired.  Often those folks are not even stopped by cops.

Heidi Fleiss was arrested last week in Nevada for driving under the influence of marijuana.  She had 4 ounces of marijuana and was reported impaired.  She had 400 plants growing at her house a few months ago.  Most people don't have that much.

Tuesday, October 22, 2013

Do not drive after taking Xanax and Suboxone, warn San Diego California DUI lawyers

Driving after consuming alcohol or ingesting pills in California can be a tragic decision, San Diego DUI criminal defense attorneys say.

A Rancho Santa Margarita lawyer from Orange County posted $100 K Bail facing felony vehicular manslaughter and California DUI charges for allegedly causing the death of a cyclist while she has Xanax and other prescription drugs (Suboxone) in her blood system.

California DUI prosecuting attorneys in that county say the lawyer could get 4 years in prison if convicted for the March 15, 2014 accident killing fifty-four year old Eric Billings.  Upon contacting the victim, the attorney's windshield saw him rolling from her vehicle's hood.

Thursday, October 17, 2013

Just how complicated does successful negotiation of a California DUI get in San Diego County, lawyers are asked?

There's a huge difference between an experienced California DUI criminal defense attorney and one with lesser California drunk driving lawyer qualifications, especially in San Diego County.  The difference between a good deal for the unfortunate driver facing a San Diego California DUI and a bad deal may boil down to the ability of the California DUI lawyer to successfully negotiate.

When considering a California DUI attorney, start with a lawyer like San Diego County DUI Law Center's Rick Mueller who has 30 years of experience and is a "Specialist" designated by the California DUI Lawyers Association.

If you're thinking of financially applying for a public defender, first consider this.  And more importantly the facts.

Facts play a major role in getting California DUI charges dismissed or reduced:

How was the person driving?

What was the person's attitude?

How did the person talk and walk?

What did the person say?

Did the person appear drunk?

What was the drinking pattern related to the California DUI officer?

What was the person's BAC test results?

What does all of the evidence look like?

Does the person have any prior California DUI?

How is the person's driving record?

Which San Diego or California DUI court is the case in?

Which California DUI police agency and officer in San Diego County?

Who is the California DUI attorney prosecutor?

Who will be the California DUI judge?

Who will handle the California DMV hearing?  (Certainly not a PD".)

The answers to all these questions go into a complicated variable ultimately resulting in either less penalties or heavier punishment and/or dismissal or reduction of California DUI charges, lawyers remind.

Tuesday, October 15, 2013

Guy who can't keep his pants up is chased down by neighbors and arrested for California DUI in San Diego, attorneys say

Is it a good idea to chase down a drunk driving suspect in San Diego California, DUI lawyers ask?  No.  He might have a weapon so it is not safe to chase and detain possible suspects...especially for DUI since most citizens don't know if the person is impaired or DUI or not, San Diego DUI attorneys emphasize.

There can be an exception, like when a suspect admits he was drunk and tries to get away after an accident. Last weekend, a young guy driving a silver vehicle kind of played bumper cars as he hit a number of parked cars along Thorn Street in College Grove.  When his car stopped, he tried to get away.  But he could not run because his pants were way down like young folks wear.  His pants were so low he had to hold on to his pants while he tried run but he could not do them.

Neighbors held onto the pants guy until San Diego Police Department made the California DUI arrest.



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Friday, October 11, 2013

California DUI Expungements just got better, lawyers say

A California DUI can be expunged by an attorney.  This is done by way of a Petition to dismiss filed by a California DUI lawyer, per California Penal Code Section 1203.4.

Employers recently became limited in exposing California DUI convictions which have been expunged, attorneys say.  No California employer can now ask an applicant to disclose a California drunk driving conviction which has been dismissed under this procedure.

This new law does not appear to apply to pending DUI cases.  An employer may ask an employee about a California DUI arrest if the applicant is out on bail or on O.R. pending criminal proceedings.

If you are off probation, you can expunge. If you are on probation, you may be able to file a motion to terminate probation, a prerequisite to filing the petition, say attorneys who handle San Diego DUI expungements.

SECTION 1. Section 432.7 of the California Labor Code was recently amended to read:

(a) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code. As used in this section, a conviction shall include a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial.

Thursday, October 10, 2013

Superstar California DUI Attorney Rich Hutton began his pulverizing of California drunk driving charges against "Lamar" today by pleading NOT GUILTY, San Diego DUI attorneys announce

Superstar California DUI Attorney Rich Hutton began his pulverizing of California drunk driving charges against "Lamar" today by pleading NOT GUILTY, San Diego DUI lawyers report.

Odom's $15,000.00 bail was continued and a pretrial hearing was set a month from now at which time this established California DUI criminal defense attorney will demand that charges be dismissed for lack of BAC evidence (no chemical test) and lack of sufficient drunk driving evidence to convict the free agent NBA star.

This is separate & independent from the California DMV hearing which could lead to a one year suspension of Lamar's driving privilege unless his DMV lawyer prevails.  Here are the issues at California DMV / DUI refusal hearings.

The DUI cops likely exaggerated Lamar's Mercedes' driving movements. It's impossible to stay within one's lane.  He was probably stopped because it was late at night and he was driving that kind of car while black, some California DUI lawyers suspect.

Sunday, October 6, 2013

What is a California DUI Attorney Specialist and how is that different from a California DUI Lawyer?

San Diego DUI California Attorney Specialists are the smartest and best option

Assuming you could even somehow do it yourself - and that would be extremely unlikely, and reasonably unwise, if not impossible - do you really want to try?! Could you count on yourself to not make a critical mistake? Would you want to risk it?   Many mistakes can not be changed or repaired later when you realize you should have sought out a San Diego California DUI lawyer certified by CDLA.

In comparison to California public defender attorneys who cannot be appointed unless the California DUI arrestee is unemployed without assets, these California lawyers who do not handle DMV hearings. Compare California's Specialist DUI Lawyers in San Diego who possess the necessary energy and experience to properly assist with defending these actions. 

 California DUI Attorney Specialists are uniquely trained and exceptionally skilled at achieving the most favorable result for you in both California DUI court and with your driving privileges.

Arrested for California DUI  is different from a conviction.  A California DUI arrest does not automatically mean you will be convicted in San Diego DUI court or lose your driving privileges at California DMV. 

 Most people understand that  a San Diego DUI Attorney Specialist recognized by CDLA will make a difference in your California DUI and DMV cases.

Thursday, October 3, 2013

Persons accused of DUI in California should make sure they make the right decision when it comes to hiring an attorney

Persons accused of DUI in California should make sure they make the right decision when it comes to hiring an attorney.  Because one's decision to retain a California DUI Lawyer means a number of things.

First, a top California DUI defense attorney will begin proper preparation.

Second, once one retains that attorney, the DUI lawyer agreement generally provides the fee is non-refundable.

Third, obviously the outcome is one of the most fundamental concerns.  What happens in one's DUI case can impact one's future in California and beyond, San Diego defense lawyers remind.

Fourth, overall, make sure the right guy or gal is engaged from the get-go.  Switching California DUI attorneys later may sometimes hurt, not help.