Sometimes it is wise to get enrolled early in a dui class, before you go to Court. One of the best DUI classes in Torrance is Driver Benefits which is owned by Bill Wickline. Contact Bill and tell him you want to enroll in the AB541 class but you have not been to Court yet.
Driver Benefits, Inc. is located @ Santa Fe Business Park • 2370 West Carson Street, Suite 150 • Torrance, CA 90501 • 310-320-9550 (direct) • 310-320-9448 (fax) • info@driverbenefitsinc.com
When you show up for the appointment advise them you wish to "self enroll" in the AB541 program at a minimum. You may be required to complete a longer term program depending on the Court orders but the AB541 is a good start, ensure the school will allow you to switch to a 6 or 9 month class should it become necessary. Let the school know in advance that you do not have a Court referral or any paperwork because you have not been convicted but you want to self enroll for DMV purposes.
Thursday, December 8, 2016
Friday, December 2, 2016
Military Diversion For DUI
For decades groups such as MADD pressured legislators to get tougher on DUI offenders, however it appears another formidable force has entered the arena with even more political clout- Veterans Groups. Yes, Veterans are finally getting the thanks they are deserved by recognition of the fact that those that put their life on the line for their Country often come home with conditions that stay with them forever. Legislators are now enacting laws to help Military Veterans, and active duty military, avoid the stigma of a criminal conviction and get them treatment.
An example is California Penal Code §1001.80 which offers military diversion from criminal prosecution for all Misdemeanor DUI offenses. Eligibility is included for all past and current veterans, whether they were in combat or not, as long as there is a showing that they may be, as a result of their military service, suffering sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health problems as a result of their military service.
NO MEDICAL DIAGNOSIS IS REQUIRED! As the threshold for eligibility is simply that the person “MAY” be suffering from one or more of the enumerated conditions.
Indeed, for those who sacrifice much to serve our country in the armed forces it is nice to see a little payback from the government and a good example of that is the newly enacted laws in a California allowing veterans and active duty military personnel to avoid a conviction for certain types of criminal offenses such as DUI and drunk driving.
Recently the second district Court of Appeal in California ruled that DUI offenses are eligible for military diversion in Los Angeles County. This means that active duty military personnel and veterans can get their drunk driving charges dismissed Pursuant to Penal Code 1001.80 if they suffer from ptsd, mental health issues or substance abuse issues as a result of their military service. Recently, attorney Matthew Ruff got driving under the influence charges dropped for a client in Manhattan Beach California even though his blood alcohol level was twice the legal limit. A Torrance Court Judge allowed the serviceman to get his charges dismissed following successful completion of counseling.
It should be noted that it is NOT necessary to show an actual physical or mental injury in order to have the case dismissed under the current state law. For example, recently the attorney got a DUI case dismissed involving an accident and BAC of .17 where the service person was able to demonstrate she acquired a drinking problem as a result of her military service. Matthew was able to show she met the qualifications of the law and was entitled to enter into a Diversion program with all charges ultimately being Dismissed.
The benefit of military diversion is that if the client performs satisfactorily during the period of Military Diversion, the court will dismiss the criminal charges. In addition, upon successful completion of the Military Diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred, except the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to a peace officer application request, and the defendant is still obligated to disclose the arrest in response to a direct question contained in a questionnaire or application for a position as a peace officer, as defined in Pen. Code § 830.
So, what must be shown in order to qualify for military diversion for DUI in California ?
In short, to be granted Military Diversion, Counsel is required to provide an assessment or other evidence confirming The defendant is a current or former member of the military and may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problem, as a result of his or her military service. The defense is also required to provide a recommended treatment plan for the accused sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problem.
Assuming the defendant is granted the request for military diversion the Court will impose certain conditions that must be satisfied in order to earn a dismissal. The terms of the grant of diversion can vary from Court to Court. Here is a list of some common requirements:
EXAMPLES OF CONDITIONS OF MILITARY DIVERSION IN DUI CASES:
1. Twelve to 24 months of treatment
2. First Conviction DUI Program, minimum AB541, and MADD Impact Panel.
3. Random drug and alcohol testing by the treatment provider.
4. Substance abuse or other counselling, therapy or treatment as recommended in the assessment and/or treatment plan.
5. Written progress reports from care/treatment providers due every 90 days.
Who is Eligible For A Grant Of Military Diversion?
1. Defendant is charged with a misdemeanor or misdemeanors only.
2. Defendant is a current or former member of the United States military.
3. Defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance adbuse, or mental health problems as a result of his or her military service.
4. Defendant consents to being placed on Military Diversion and waives his or her rights to a speedy trial.
5. Defendant has not been granted Military Diversion for any other case.
Here is a sample of a motion that can be filed in criminal court requesting military diversion for a DWI case:
MEMORANDUM OF POINTS AND AUTHORITIES
An example is California Penal Code §1001.80 which offers military diversion from criminal prosecution for all Misdemeanor DUI offenses. Eligibility is included for all past and current veterans, whether they were in combat or not, as long as there is a showing that they may be, as a result of their military service, suffering sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health problems as a result of their military service.
NO MEDICAL DIAGNOSIS IS REQUIRED! As the threshold for eligibility is simply that the person “MAY” be suffering from one or more of the enumerated conditions.
Indeed, for those who sacrifice much to serve our country in the armed forces it is nice to see a little payback from the government and a good example of that is the newly enacted laws in a California allowing veterans and active duty military personnel to avoid a conviction for certain types of criminal offenses such as DUI and drunk driving.
Recently the second district Court of Appeal in California ruled that DUI offenses are eligible for military diversion in Los Angeles County. This means that active duty military personnel and veterans can get their drunk driving charges dismissed Pursuant to Penal Code 1001.80 if they suffer from ptsd, mental health issues or substance abuse issues as a result of their military service. Recently, attorney Matthew Ruff got driving under the influence charges dropped for a client in Manhattan Beach California even though his blood alcohol level was twice the legal limit. A Torrance Court Judge allowed the serviceman to get his charges dismissed following successful completion of counseling.
It should be noted that it is NOT necessary to show an actual physical or mental injury in order to have the case dismissed under the current state law. For example, recently the attorney got a DUI case dismissed involving an accident and BAC of .17 where the service person was able to demonstrate she acquired a drinking problem as a result of her military service. Matthew was able to show she met the qualifications of the law and was entitled to enter into a Diversion program with all charges ultimately being Dismissed.
The benefit of military diversion is that if the client performs satisfactorily during the period of Military Diversion, the court will dismiss the criminal charges. In addition, upon successful completion of the Military Diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred, except the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to a peace officer application request, and the defendant is still obligated to disclose the arrest in response to a direct question contained in a questionnaire or application for a position as a peace officer, as defined in Pen. Code § 830.
So, what must be shown in order to qualify for military diversion for DUI in California ?
In short, to be granted Military Diversion, Counsel is required to provide an assessment or other evidence confirming The defendant is a current or former member of the military and may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problem, as a result of his or her military service. The defense is also required to provide a recommended treatment plan for the accused sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problem.
Assuming the defendant is granted the request for military diversion the Court will impose certain conditions that must be satisfied in order to earn a dismissal. The terms of the grant of diversion can vary from Court to Court. Here is a list of some common requirements:
EXAMPLES OF CONDITIONS OF MILITARY DIVERSION IN DUI CASES:
1. Twelve to 24 months of treatment
2. First Conviction DUI Program, minimum AB541, and MADD Impact Panel.
3. Random drug and alcohol testing by the treatment provider.
4. Substance abuse or other counselling, therapy or treatment as recommended in the assessment and/or treatment plan.
5. Written progress reports from care/treatment providers due every 90 days.
Who is Eligible For A Grant Of Military Diversion?
1. Defendant is charged with a misdemeanor or misdemeanors only.
2. Defendant is a current or former member of the United States military.
3. Defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance adbuse, or mental health problems as a result of his or her military service.
4. Defendant consents to being placed on Military Diversion and waives his or her rights to a speedy trial.
5. Defendant has not been granted Military Diversion for any other case.
Here is a sample of a motion that can be filed in criminal court requesting military diversion for a DWI case:
MEMORANDUM OF POINTS AND AUTHORITIES
Counsel requests this Court
to place the defendant in a pretrial military diversion program, as specified under California
Penal Code section 1001.80.
(Documentation of the defendant's PTSD, mental health issues, trauma or substance abuse problems should be outlined and attached to the motion and presented to the Court)
Section 1001.80 became law in 2015. It creates a diversion program where a serviceperson is accused of a misdemeanor and appears to be suffering from mental health problems resulting from his/her military service, including post-traumatic stress disorder and substance abuse. The legislation was created with the express purpose of allowing veterans who are suffering from mental health concerns to not only "get proper services" but also, importantly, to "allow them to be more easily employed in the future by keeping the crime off their record if they complete their diversion program successfully." (Sen. Loni Hancock, Chair, Senate Committee on Public Safety; Bill Author's Summary, S.B. 1227; Hearing Date: April 8, 2014.) The legislation passed overwhelmingly, and reflects our nation's growing understanding of the mental health concerns faced by our members of the military. (See, e.g. VAL WILLINGHAM, "Study: Rates of Many Mental Health Disorders Much Higher in Soldiers Than in Civilians," CNN.com, March 4, 2014.)
LEGAL AUTHORITY
Penal Code section 1001.80 applies "whenever a case is before a court on an accusatory pleading" for a misdemeanor and (1) "[t]he defendant was, or currently is a member of the military," and (2) "[t]he defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service." (Penal Code section 1001.80(a).) Upon motion by the defense, where a defendant is found to match these criteria, he can be placed in pretrial diversion program. (Penal Code § 1001.80(b).)
This recently-created military diversion legislation is uniquely broad, in that it places almost no restrictions on eligibility. Unlike diversion programs such as Deferred Entry of Judgment, military diversion under section 1001.80 does not specify that only certain types of misdemeanors are eligible, nor does it preclude servicemen with prior records. It never specifies that the diversion is only available once, nor limit the number of offenses for which a serviceperson can be diverted.
Defendant is clearly eligible for pre-trial diversion for his dui charges in this case. The motion for military diversion can be made at any point prior to trial. Most Judges will agree to hear the motion after the District Attorney has reviewed documents and has had an opportunity to object, when appropriate.
(Documentation of the defendant's PTSD, mental health issues, trauma or substance abuse problems should be outlined and attached to the motion and presented to the Court)
Section 1001.80 became law in 2015. It creates a diversion program where a serviceperson is accused of a misdemeanor and appears to be suffering from mental health problems resulting from his/her military service, including post-traumatic stress disorder and substance abuse. The legislation was created with the express purpose of allowing veterans who are suffering from mental health concerns to not only "get proper services" but also, importantly, to "allow them to be more easily employed in the future by keeping the crime off their record if they complete their diversion program successfully." (Sen. Loni Hancock, Chair, Senate Committee on Public Safety; Bill Author's Summary, S.B. 1227; Hearing Date: April 8, 2014.) The legislation passed overwhelmingly, and reflects our nation's growing understanding of the mental health concerns faced by our members of the military. (See, e.g. VAL WILLINGHAM, "Study: Rates of Many Mental Health Disorders Much Higher in Soldiers Than in Civilians," CNN.com, March 4, 2014.)
LEGAL AUTHORITY
Penal Code section 1001.80 applies "whenever a case is before a court on an accusatory pleading" for a misdemeanor and (1) "[t]he defendant was, or currently is a member of the military," and (2) "[t]he defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service." (Penal Code section 1001.80(a).) Upon motion by the defense, where a defendant is found to match these criteria, he can be placed in pretrial diversion program. (Penal Code § 1001.80(b).)
This recently-created military diversion legislation is uniquely broad, in that it places almost no restrictions on eligibility. Unlike diversion programs such as Deferred Entry of Judgment, military diversion under section 1001.80 does not specify that only certain types of misdemeanors are eligible, nor does it preclude servicemen with prior records. It never specifies that the diversion is only available once, nor limit the number of offenses for which a serviceperson can be diverted.
Defendant is clearly eligible for pre-trial diversion for his dui charges in this case. The motion for military diversion can be made at any point prior to trial. Most Judges will agree to hear the motion after the District Attorney has reviewed documents and has had an opportunity to object, when appropriate.
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.
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.
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.
Sunday, October 16, 2016
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.
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.
Friday, August 26, 2016
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.
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.
Subscribe to:
Posts (Atom)