DUI Lawyer
Why do you need an experienced Los Angeles DUI Lawyer defending you? There are many reasons why you should consider consulting with a DUI lawyer about your case. The California DUI and Drunk Driving Laws are very strict and are designed for zero tolerance. Because of the number of accidents, injuries, and deaths attributed to...
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Drunk Driving
Drunk driving policies and enforcement. Drunk Driving once was regarded or thought of as a traffic violation wherein smaller towns the law enforcement would shrug it off and take away the keys. Well, those days are over. Drinking and Driving is a serious and costly crime and is a major issue in society today. It...
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Process of DUI Offense
Process of DUI Offense in California In California, the state has established that a BAC (Blood Alcohol Concentration) .08% or more is legally unfit for a person to operate a motor vehicle. Therefore, if any of the tests conclude that the driver's BAC is .08% or higher, they will be found to have driven under...
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Criminal DUI Penalties
Los Angeles Criminal DUI Penalties The California Department of Motor Vehicles has there own system for penalizing those that are caught for Criminal DUI Penalties. The California DMV is the State's governing authority on the license to drive. As a result, the DMV has the right to grant the privilege to drive as well as...
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The DMV conducts their own hearing
The DMV conducts their own hearing The DMV conducts their own hearing in determining whether a person should receive a restriction or suspension on their driving license as a result of an arrest for driving under the influence. The California Department of Motor Vehicles has there own system for penalizing those that are caught for...
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California Per Se Laws
California per se laws are a set of laws, which find it illegal to operate a motorized vehicle when the individual registers a blood alcohol concentration level above a given limit. This is measured using a blood or breath test and the current limit is set at .08%. If an individual registers a result above...
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DMV Point System
DMV Point System in the State of California, the Department of Motor Vehicles are using a “points system” to rate driving records with all drivers having no points at the start of the issuance of the license. This changes though when a traffic violation is committed or some other crime has been committed. The DMV...
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DMV Process
The Stages in a DMV Hearing for a DUI Offense The DMV or the Department of Motor Vehicles is the government agency that is tasked to oversee the proper licensing of drivers and vehicles in the nation’s highways. In each state, there are specific rules to allow an individual to operate a motor vehicle. This...
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The Law on Driving Under the Influence
The basis for DUI is found in the California Vehicle Code Section 23103.5 which reads as follows: Wet Reckless or Reckless Driving Involving Alcohol: Any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving; Any person who drives any vehicle in...
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DUI cases
The Weight of Circumstantial Evidence in DUI Cases In a court of law, the evidence presented would lead a jury to prove beyond a reasonable doubt of the commission of the crime. In DUI cases, the evidence presented is of two kinds. Understanding the weight of the kinds of evidence is important in reaching judgments...
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Reckless driving
Reckless Driving Under the Influence The basis for DUI is found in the California Vehicle Code Section 23103.5 which reads as follows: Wet Reckless or Reckless Driving Involving Alcohol Any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving;...
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Driving for the DUI Laws
California Driving for the DUI Laws California Vehicle Code Chapters 23152 and 23153 require as an element for conviction is that the individual accused of the crime is required to “drive” a motor vehicle. At first, glance, once an individual who is inebriated or is under the influence of medication which impairs the motor functions,...
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Vehicle Defined for DUI Laws
Another definition under California Vehicle Code Chapter 670 is the description of a Vehicle Defined for DUI Laws. A device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. With this definition, the...
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DUI Murder
The Elements of DUI Murder DUI Murder is considered as a misdemeanor when an individual operates a vehicle while intoxicated. The felony type of DUI is called DUI murder. This kind of criminal activity is succinctly described in the case of People vs. Watson: The requisite culpability for the vehicular manslaughter charged here is gross...
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Presumptions in DUI Trials
The Presumptions in DUI Trials The Presumptions in DUI Trials. Driving under the influence is a criminal offense against the California Penal statute. If the crime is a felony, then if the individual pleads not guilty then the case goes to trial. When the case goes to trial, then the jury needs to see all...
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Felony DUI
The Stages in a DUI Felony Case Driving under the influence or driving while intoxicated is a crime punishable by law in the State of California. Depending on the facts of the case, the crime would be considered either a misdemeanor or a felony. While there already has been a discussion on the stages a...
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Misdemeanor DUI
The Stages in a Misdemeanor DUI Case Driving under the influence is a serious offense under California law. A conviction though is not as simple as taking the breathalyzer test by the roadside. There is still a process an individual undergoes in order to prove the violation of the law. These are the stages in...
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Probable Cause
Probable Cause in DUI Drunk driving or formally called driving under the influence is a felony punishable by law. There have been many questions as to the propriety as well as the proper administration of the test. The following explains how a proper test is done to be admissible to court. Probable Cause An officer...
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Reasonable Doubt in DUI Cases
Reasonable Doubt in DUI Cases It is enshrined in the Constitution that an individual must be found guilty beyond a reasonable doubt of the commission of the crime before a conviction can be meted out and punishment imposed. There is no exemption to this rule and that includes DUI cases. In criminal cases such as...
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