Tuesday, November 29, 2016

If You Are Arrested One Minute Before Midnight You Are Entitled To Credit For Two Days Of Jail

Many folks are arrested shortly before midnight and released the next day.  When this occurs you are entitled to two days of credit towards any jail sentence or any fine imposed by the Court at the time of sentencing.

The Case of People vs. Smith (1989) 211 Cal App 3d 523 provides the authority for this principle

Since section 2900.5 speaks in terms of "days" instead of "hours," it is presumed the Legislature intended to treat any partial day as a whole day. (In re Jackson (1986) 182 Cal. App. 3d 439, 441-443 [227 Cal. Rptr. 303]; see also People v. Scroggins(1987) 191 Cal. App. 3d 502, 508 [236 Cal. Rptr. 569].) (3) "`[W]hen language which is reasonably susceptible of two constructions is used in a penal law ordinarily that construction which is more favorable to the offender will be adopted....' (In re Tartar (1959) 52 Cal. 2d 250, 256-257 [...].)" (People v. Davis (1981) 29 Cal. 3d 814, 828 [176 Cal. Rptr. 521, 633 P.2d 186].) (2b) "The law takes no notice of fractions of a day. Any fraction of a day is deemed a day...." (Municipal Imp. Co. v. Thompson (1927) 201 Cal. 629, 632 [258 P. 955].) (1b) Had the intent been otherwise, the Legislature could easily have provided for credit on the basis of 24-hour periods instead of days.

Many prosecutors will not volunteer this information to a defendant, therefore the accused must request that he or she be given the proper credit at the time sentence is imposed.  The benefit for the person receiving a first time sentence can be the equivalent to a couple hundred dollars off a fine.

Wednesday, November 23, 2016

What Good Is The Pink Temporary Paper I Got After My DUI Arrest?

The pink paper you were handed upon release is actually your drivers license until there is an outcome at the DMV hearing.  It is a full license allowing you to drive anywhere you want and can be presented as an ID.  It may be a good idea to also carry a photo ID such as a passport or other government issued identification.  If you do not have a picture ID go to any DMV and request a California Identification Card.

The pink paper will remain good until the DMV sends you another temp license.  It may take more than 30 days to get the subsequent temp but the pink will remain valid because the attorney requested a stay of the suspension, meaning the department will keep your driving privilege valid pending a full formal hearing.

Can I rent a car with the pink license?  Sure, just be sure to also have a picture ID with you.  The car rental companies all do a DMV check anyway so they confirm your license is valid via the computer database.

Should I notify my insurance of the incident?  No, unless there was also an accident that caused damage or some other loss there is no good reason to call your insurance company at this point.  A dui arrest is simply an accusation, there is no conviction until you are adjudged guilty in court or after a DMV hearing.  Therefore it's nobody's business but your own.  Do not call your insurer to request an SR22 unless specifically advised to do so by your attorney.

Saturday, November 12, 2016

Blood Test For DUI In Kern County

Blood testing in Kern County is done by the Criminalistics Laboratory and reported to the various law enforcement agencies.  The blood sample is collected using the kit depicted in the above video.  These kits are carried by CHP and other police agencies.  Once the sample is obtained it is transported to the lab and tested.  The testing process takes one to two weeks, however the resu.ts often are not reported for a couple months due to the backlog in resources and staff.