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.

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.

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.

What is CO2 Oil?

CO2 oil is one of the latest cannabis concentrates on the market. It is created by using high pressure Carbon Dioxide that strips the cannabis of its essential oils in a process known as supercritical fluid.  CO2 oil is an orange tinted oil that is free flowing and either clear or opaque depending on the finishing processes used after extraction.  The THC content can be anywhere from 50 to 75 percent.

The benefit of this process is that is does not use any hydrocarbon solvents or flammable liquids during the manufacturing.  This process is the preferred method from a purity standpoint, however the cost of the equipment to manufacture this oil can cost hundreds of thousands of dollars.

The use of concentrates for cannabis ingestion is becoming very popular and it is important for the attorney handling dui cases to be familiar with the various substances on the market.

What Constitutes The Crime Of Evading The Police?

Many people who have been drinking and get behind the wheel of a car attempt to flee an officer if they are close to being pulled over.  There is a common misconception that "evading" simply means running away from the police, but that may not be a crime.  The offense of evading is codified in Vehicle a Code 2800.2.

A person violates Vehicle Code section 2800.2 if he flees or attempts to elude a pursuing peace officer in violation of section 2800.1 and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property." Section 2800.1 has four elements regarding the police vehicle and officers. The police car must (1) exhibit at least one red light, (2) be sounding a siren as reasonably necessary, (3) be distinctively marked, and (4) be driven by a peace officer who is wearing a distinctive uniform.

Can The Reading Of Miranda Rights Excuse a Refusal?

In California a refusal to submit to a breath or blood test can result in a long suspension or revocation.  There are few defenses to a refusal.  One defense is called officer induced confusion.

It is well recognized in law that when an officer simultaneously reads a driver his implied consent warnings (no right to refuse a test and no right to consult with or to have an attorney present during its administration) in conjunction with the Miranda admonition (right to refuse interrogation and to have an attorney present at all stages of a police interrogation, etc.), it will likely induce confusion.

Therefore, in cases where a driver (arrested for DUI) has been given Miranda insists on the presence of an attorney before choosing a test the courts have recognized that he [or she] may have been confused by the two warnings and the officers failure to clarify and explain the difference. In such a case the refusal to take a test has been held not to be a refusal within the meaning of California Vehicle Code section 13353. (Rust v. Department of Motor Vehicles (1968) 267 Cal.App.2d 545, 547.)

The question of officer-induced confusion is one of fact. [Citations.] When a driver who has been given Miranda manifests confusion by asserting his [or her] alleged right to an attorney, it is incumbent upon the officer to explain that the right does not apply to these tests. (McDonnell v. Department of Motor Vehicles (1975) 45 Cal.App.3d 653, 658.  The failure of an officer to clear up the confusion renders any alleged refusal to submit to a test insufficient to suspend a drivers license as a result.

Is Torrance Court Tough on DUI Cases?

Torrance Court sees a lot of drunk driving cases due to its proximity to prominent beach communities and vacation destinations such as Redondo Beach and Hermosa.  The city itself gets many travelers passing through to get to the coast and therefore the police are very experienced in detecting and arresting those who may have imbibed while at the waterfront, pier or one of the many bars and clubs in the area.

How is the Court at treating those charged with DUI?  First, it must be understood that the prosecutors for each of the cities are different depending on the location of arrest.  For example, if the arrest took place in Redondo then the city attorney for that jurisdiction will prosecute the case, whereas if the incident occurred in Manhattan Beach the DA will handle it and so on.

Judges in Torrance are no tougher than in any other Court in Los Angeles County.  The sentencing guidelines are followed and the bench officer will usually impose release conditions on those with high blood alcohol levels or prior convictions for driving under the influence.

What are the typical sentences for a DUI in Torrance?  For most first time offenders the person should expect a 36 month period of probation, fines of $2000, community service, AA meetings, other classes relating to the dangers of drinking and driving and the first offender school of up to 9 months.  The DMV will require an ignition interlock and mandatory suspension of up to 9 months.

In addition to the mandatory punishments, the Court will often require restitution to any victims if an accident was part of the DUI.