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.

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.

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.

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

DUI Charges for Los Angeles Official

News today that Los Angeles City Administrative Officer Miguel Santana was charged today with two criminal misdemeanor DUI counts originating from his arrest while driving home from a charity dinner last month. Santana, 40, is scheduled to be arraigned May 25 in West Covina Superior Court on one misdemeanor count each of driving under the influence and driving while having a blood-alcohol level of higher than the legal limit of .08 percent, according to the Los Angeles District Attorney's Office.

Santana took a leave of absence following his DUI arrest last month, but has since returned to work. "I apologize to my family, friends, the mayor, City Council, CAO staff and the entire city family for my irresponsible behavior," Santana said in a statement released last month after his arrest about 12:15 a.m. March 26. He was taken into custody by the California Highway Patrol in the Covina area after he attended a charity roast for Los Angeles County District Attorney Steve Cooley, then freed on $5,000 bond.

The defendant was initially stopped for speeding, but was arrested after failing a sobriety test, according to the CHP. Before Mayor Antonio Villaraigosa appointed him to serve as CAO last June, Santana served as deputy chief executive officer of Los Angeles County and as an aide to county Supervisor Gloria Molina. He was the first hispanic to oversee the city's fiscal affairs and $6.7 billion budget

Distinction Between Probable Cause and Reasonable Suspicion in DUI Cases

Within the context of driving under the influence cases, there exists many legal concepts unique to the area, among those are the somewhat mysterious legal terminology of "probable cause" and how that differs from reasonable suspicion. Thanks to Kern County DUI Attorneys in Shafter and Taft CA we have a great primer on the distinction between the two terms.

The facts and observations divulged during an investigatory detention may lead to probable cause to arrest the person detained for a DUI case. However, the officer must possess facts sufficient to support crossing the threshold between mere reasonable suspicion to detain and question, and full probable cause to arrest, before the latter action may be taken. If the investigating officer does not yet possess facts sufficient to create probable cause to believe the detainee has committed a crime, yet restrains the liberty of the detainee in a manner consistent with a formal arrest, the detention, even if initially lawful, becomes illegal. For example, transporting a DUI suspect involuntarily to a stationhouse for further questioning, without probable cause to link him with a crime such as driving under the influence, violates the detainees Fourth Amendment rights. This more intrusive step in the investigatory process requires probable cause and cannot be justified on reasonable suspicion alone. Courts look to the extent of the restriction on an individuals freedom and movement to determine if the restraint is more consistent with a detention, or a full-blown arrest. For example, although the use of handcuffs on a suspect is a hallmark of a formal arrest and is generally considered a watershed, where a temporary detention becomes an arrest, a suspect nonetheless may be handcuffed or similarly restrained during a temporary detention, if the circumstances justify it.

Does the Law treat DUI cases differently for Nurses?

Many folks find themselves in a difficult situation when arrested for drunk driving, but for a nurse the DUI can lead to termination and loss off their license, is this fair? It seems that for other similarly situated persons the consequences are different. Doctors for example often get a free first or even second strike but many attorneys say that is not true if you are a nurse. Your comments please.