November 26

Posted By: Richard Wagner
Posted In: Sidebar
Tags: 4th Amendment, DUI Checkpoints
Date: November 26, 2022
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Tips For Surviving a DUI Checkpoint

What is a DUI Checkpoint? Police set up DUI checkpoints in California to look for drunk or drug-impaired drivers. If the cops have reasonable suspicion that you’re driving under the influence of alcohol or drugs, they will tell you to pull over for questioning. Protect your rights by remaining...

November 22

Posted By: Richard Wagner
Posted In: Sidebar
Tags: child endangerment, sentence enhancements
Date: November 22, 2022
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- 97

DUI Child Endangerment in California

What is DUI Child Endangerment? Prosecutors can charge you with DUI and tack on the child endangerment enhancement under Vehicle Code Section 23572 if you are arrested for DUI and you had a minor under the age of 14 in your car. Will I Go To Jail? First offense: 48 hours in the county jail. [&...

November 20

Posted By: Richard Wagner
Posted In: Sidebar
Tags: ignition interlock device
Date: November 20, 2022
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Ignition Interlock Devices

Do I Have To Get an Ignition Interlock Device Installed? Drivers must install an IID before getting a restricted driver’s license or restoring driving privileges after certain types of convictions. Depending on the conviction, the IID must remain installed for different lengths of time. IID for DU...

November 18

Posted By: Richard Wagner
Posted In: Sidebar
Tags: Marijuana DUI
Date: November 18, 2022
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- 1269

Marijuana DUI Facts

Driving Under the Influence of Marijuana You could be arrested for marijuana DUI if you drive under the influence of THC (Vehicle Code Section 23152(f) aka DUI Drugs). Frequently Asked Questions: Is it illegal to drive high in California? Can you get a DUI for weed? Can you get DUI for driving h...

November 06

Posted By: Richard Wagner
Posted In: Sidebar
Tags: 4th Amendment, Search & Seizure
Date: November 6, 2022
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Court Rules Cops May Stop and Frisk In Certain Situations

What Is An Unreasonable Search and Seizure? Mr. Terry was convicted of carrying a concealed weapon and sentenced to prison. Under Penal Code Section 1538.5, his defense attorney filed a motion to suppress evidence police found on Mr. Terry and his co-defendant. Penal Code Section 1538.5 “provi...

October 10

Posted By: Richard Wagner
Posted In: Sidebar
Tags: Breath Testing, DUI
Date: October 10, 2022
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Breath Testing While Absorbing Alcohol Causes False Readings

Alcohol’s Path Through the Human Body After you drink alcohol, it enters your stomach and then your small intestine, where it enters your bloodstream and affects your brain and central nervous system. Your ability to drive is not affected by the alcohol your body has not yet absorbed. Because ...

October 09

Posted By: Richard Wagner
Posted In: Sidebar
Tags: Speedy Trial
Date: October 9, 2022
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- 130

No Automatic Dismissal For Federal Speedy Trial Violation For 19-Month Delay In Misdemeanor DUI

What is a Speedy Trial? Keith Laroy Dews was arrested for DUI on January 29, 2011. Mr. Dews appeared in court on February 14, 2011. His case was “discharged by the district attorney pending further investigation.” After receiving a blood-alcohol-analysis report, the DA filed charges against Mr. ...

October 06

Posted By: Richard Wagner
Posted In: Sidebar
Tags: Tinted Windows
Date: October 6, 2022
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- 145

Can You Get Pulled Over For Tinted Windows in California?

Are Tinted Windows Illegal In California? Is it legal for an officer to stop you for tinted windows and then arrest you for DUI? Yes. But, in court, the officer has to say more than just that he just saw tinted windows. As the cases below show, the officer also needs to have significant experience [...

September 23

Posted By: Richard Wagner
Posted In: Sidebar
Tags: DMV Hearings, Under 21 DUI
Date: September 23, 2022
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- 150

17-Year-Old Loses DMV Hearing But Gets License Back On Appeal

17-year-old Erik Taylor was driving two friends home from a school dance in his Toyota pickup truck. As Officer Hohmann’s car passed by Taylor’s truck, “someone inside [Taylor’s] vehicle yelled loudly, and [Taylor’s] vehicle cut sharply behind Hohmann” as Taylor m...

September 20

Posted By: Richard Wagner
Posted In: Sidebar
Date: September 20, 2022
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If Cops Have Probable Cause Car Contains Unlawful Amount of Marijuana, Cops Can Search Car Without Warrant

The automobile exception to the warrant requirement authorized a police officer to search a backpack, left in a friend’s car because the officer had probable cause to believe the car contained an unlawful amount of marijuana. Because the officer had probable cause to search the car for an unla...

August 31

Posted By: Richard Wagner
Posted In: Sidebar
Date: August 31, 2022
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- 221

California DUI Statistics

This latest report by the California DUI Management Information System presents information and statistics on DUI arrests, convictions, postconviction sanctions, driver license suspension/revocation actions, and on drivers in alcohol-or drug-involved crashes. ⇒ Alcohol-involved crash fatalitie...

August 26

Posted By: Richard Wagner
Posted In: Sidebar
Tags: Marijuana, Probable cause, Search & Seizure
Date: August 26, 2022
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- 238

Smell of Marijuana and Marijuana in Car Not Probable Cause To Search Car

Is the smell of marijuana and a driver telling the police officer that he has marijuana in the car enough to justify the search of the car? Officer Jones was on “specialized DUI patrol.” She testified at the hearing to suppress the evidence that she saw Mr. Shumake driving with no front licens...