Sunday, February 28, 2010
California law distinguishes between being drunk in public and driving under the influence according to a Long Beach Drunk in Public Attorney that specializes in the crime. There is a greater showing of intoxication necessary to convict on public intoxication than there is the driving charge, the standard is such a state of drunkenness that the person can no longer care for himself or the safety of others versus simple impairment to an appreciable degree for DUI.
Monday, February 22, 2010
The tougher laws that punish first time offenders are putting the screws to those that treat us in times of need. Nurses are getting their licenses revoked for nothing more than picking up a DUI. Yes, in California the governing agencies are seeking to pull the licenses of nurses and nurse practitioners. Is this Fair, your comments are appreciated.
Friday, February 19, 2010
With ever greater frequency, the state is imposing harsher penalties upon those charged with a first offense driving under the influence case. The sentences indeed are sometimes very draconian. In many California Counties Courts are requiring actual jail time in addition to the jail the offender received when they were arrested and held before release. Is the requirement of jail just? Does the sentence fit the crime? Your comments are very much appreciated.
Wednesday, February 17, 2010
This question was posed to a famous Judge that hears many cases on a daily basis. The answer may surprise many. The Judge revealed that he does not like to think about it. Is this logical? The fact of the matter is that Judges make judgement calls based on the facts before them. Therefore, the best way to achieve the just result it is imperative that all relevant facts be presented. the best way to accomplish this is to have a lawyer in your camp that is competent and ethical.
Tuesday, February 9, 2010
With increasing frequency, Judges are requiring AA meetings as part of a conditional release. The problem, many argue is that AA requires the recognition of a Supreme or higher being. Is this ok for those that do not believe in God? The question remains, bring your comments.
Friday, February 5, 2010
For many the definition of DUI is that of alcohol impairment, however, with the advent of newer prescription drugs capable of impairing the driver the law has evolved to encompass those that take drugs and drive. Though California has yet to define at what level a person is legally intoxicated and unable to drive on meds, the law does proscribe that impairment can include the use of medications as defined in VC 23512a.
Thursday, February 4, 2010
In the ordinary course of a drunk driving arrest it is typical for the arresting officer to book the suspect after he determines that the individual was intoxicated, at this key time the jail has the choice to either release the person from custody with a signed promise to appear in Court (known as O.R.) or require the posting of bail. With increased tension from MADD and other groups many jailers are opting for the bail route, even though the accused is of little risk of flight. Is this right? your comments are appreciated.