Background re: Plea Agreements and Waiver Forms If your attorney is unable to convince the Court or District Attorney that the charges against you should be dismissed, and going to trial or a contested hearing is not an advisable option for your case, it is not uncommon for a case to resolve in a negotiated…
DUI Checkpoint Scheduled for Today, April 29, 2022 in Fairfield. What does that Mean? A notice was released that today, April 29, 2022 at Oliver Road and Travis Boulevard in Fairfield, Fairfield Police will be setting up a DUI sobriety check-point. A checkpoint is a dragnet type traffic diversion where the police runs checks on…
Misdemeanors and the Traditional Power of the Prosecutor While a misdemeanor is considered a lower-level criminal offense compared to felonies, it is still a criminal offense, carrying no more than 364 days in the County Jail. Misdemeanors, though considered lower level, can still be devastating to those seeking new job opportunities, admission to university, who…
Overview of DMV Administrative Per Se Hearings Following a DUI Arrest When a driver is arrested for a DUI, within 10 days they may request what is called an “Administrative Per Se” (APS) hearing with the California DMV to challenge the legitimacy of the detention and arrest for DUI. If the APS hearing is not…
DUIs Require that “Driving” be Proven Driving Under the Influence of Alcohol or With a 0.08 Percent or Higher Blood Alcohol Content, are described by Vehicle Code section 23152, subsections (a) and (b) respectively. Cal. Vehicle Code § 23152(a)-(b). Driving Under the Influence arrests and prosecutions, although exceedingly common, can have some of the most…
Almost all states, as well as the Federal Government, have codified their criminal laws into statutes that one can refer to in text form. The Courts interpret the statutes and determine the intent of the Legislature, and, when the statutes are challenged as unconstitutional, rule as to their validity. When the Courts interpret a statute,…
Generally, a criminal defendant must be personally present in felony cases. Cal. Penal Code § 977(b). However, this general rule does not apply in most misdemeanor cases, and the defense attorney may appear on their client’s behalf. See Cal. Penal Code § 977(a) . A defendant who chooses not to personally appear pursuant to Section…
DUI Blood Draws Justified on grounds of Exigent Circumstances under the Schmerber and McNeely decisions. In Schmerber v. California (1966) 384 U.S. 757, the US Supreme Court determined that a warrantless compulsory seizure of blood for the purpose of a blood-alcohol test did not offend the Fourth Amendment if the procedure: (1) is…
California Voter’s approved recreational marijuana for statewide use last November 2016 with Proposition 64. What many may not know is that the passage of the Proposition is that the law was changed not just to allow future use and possession/ cultivation of cannabis, but also corrected past draconian and unproductive punishments and criminal records created…
Holiday season means DUI checkpoints increase across the State of California. DUI checkpoints are legal and police may use them in an effort to protect public safety, if they follow certain guidelines in setting up and operating the checkpoint. Vehicle Checkpoints and the Ingersoll Test The primary purpose of a sobriety checkpoint is to…
