Sunday, September 29, 2013

Is Restitution Mandatory in Hit and Run and DUI Cases?

›
Some people believe that just because a person is involved in a hit and run or DUI case that restitution is always required, not so.  In Cal...
Monday, September 23, 2013

Man Has Case Thrown Out On Appeal For Judge's Error

›
Many cases are reversed due to a misunderstanding or mis application of the law by Judges.  This case is a classic example of legal error wh...
Wednesday, September 11, 2013

Double Jeopardy Applicable in Mistrial Scenarios

›
The concept of double jeopardy has been around for decades and is often raised in the context of DUI crimes, here, the legal theory was rais...
Saturday, September 7, 2013

California Appeals Courts Start To Decide Cases on Illegal DUI Blood Draws

›
Earlier this year the US Supreme Court ruled that a DUI blood draw against a person's consent violates the Constitution. Recently, in se...
Sunday, August 18, 2013

Does a DUI Checkpoint Need To Provide Signs and Turnouts?

›
The question comes up frequently whether a DUI checkpoint must provide a sign to those approaching it.  Put another way, must a sobriety che...

A History of Court Decisions on the Constitutionality of DUI Checkpoints

›
In 1987, the California Supreme Court addressed the question of whether DWI sobriety checkpoints were permissible under federal and state co...
Friday, August 16, 2013

Why are DUI Checkpoints Constitutional?

›
The U.S. Supreme Court upheld the constitutionality of sobriety checkpoints in 1990. If conducted properly, DWI checkpoints do not constitut...
Sunday, August 4, 2013

Is a Felony DUI Defendant Eligible For Realignment?

›
California lawmakers initiated a program in California some time ago allowing for certain offenders to spend time in local county jails vers...
Sunday, July 28, 2013

New DUI Laws. What's Ahead For California?

›
Mandatory jail for first offenders?  Lifetime revocation of you license for any second DUI offense?  10 year mandatory IID for all convicted...

Facing Mandatory Jail for a DUI? Consider Pay To Stay

›
It is an unfortunate fact of life in California, if you are convicted of a DUI as a second or third offense you a looking at the real prospe...