Saturday, May 22, 2010

The Speed Enhancement for DUI Charges in California

California imposes additional penalties on those convicted of DUI charges if some aggravated circumstances exist. Among those are when an individual is caught speeding at a high rate at the time he is stopped by the police. The Speed Enhancement as it is known carries an additional jail sentence of 60 days over and above what the original DUI sentence is. According to one Santa Clarita Speeding Ticket and DUI Attorney the law does require that the speeding be done in a manner that constitutes reckless driving notwithstanding the speed traveled. In other words, the conduct has to endanger others by the way the car is driven such as weaving in and out of traffic or speeding on a roadway with many pedestrians.

Monday, May 10, 2010

What is a Wet Reckless in California?

A very common question by those facing a DUI charge is what a wet reckless is under the CA law. A wet reckless is a reduced form of DUI that is basically a reckless driving that involves alcohol. It is two points on a DMV record and is considered a prior if another DUI comes around within ten years. The big difference is when a person has a second offense and therefore is facing the mandatory second time penalties. A wet will save them from mandatory jail time and the 18 month DUI school.

Saturday, May 8, 2010

What Constitutes a Felony DUI in California

Many believe that a DUI is elevated to a felony after the first offense, that is not the case. California law sets forth the language that defines a felony DUI as follows: VC 23550 states that If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). In addition, The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles and the court shall require the person to surrender the driver's license.

Friday, May 7, 2010

DUI Checkpoints This Weekend in The South Bay

The Gardena Police department will conduct a sobriety and driver's license checkpoint from 7 tonight to 4 a.m. Saturday in the eastbound lanes of the 1300 block of Rosecrans Avenue.
Manhattan Beach CA. Law Enforcement will conduct a DUI enforcement patrol from 7 p.m. May 14 to 3 a.m. May 15 to identify and arrest suspected DWI drivers.

Many People Ask, Why publicize stops? California Law at one time required police to publicize notices of sobriety checkpoints, law enforcement agencies continue to do so as a public service. A 1987 California Supreme Court ruling had made advance publication of the checkpoints a requirement. But in December 1993, the court ruled that police were no longer required to provide advance notice when scheduling DUI sobriety checkpoints.

The Court decision said publicity announcing the location is not constitutionally required, but makes the checkpoints more effective. The local paper continues to publish notices of sobriety and driver's license checkpoints as a public service when advised of them by the local police agencies, which believe the notices serve as a deterrent