Southern California Defense Blog

Under California Vehicle Code Section 21809, the law now gives greater protection to emergency vehicles that are parked on the shoulder of a freeway. This means that if you are driving in either the very far right or very far left lanes, the law requires you to change lanes if you see that you are coming up behind an emergency vehicle that is parked on the freeway shoulder and has its lights flashing. If you determine that it would be unsafe for you to change lanes, then the law requires you to slow down to a reasonable speed.

If you have been ticketed for this infraction in California, make sure you hire a traffic ticket lawyer to help you get the case dismissed. If you are convicted of this traffic infraction, you are facing a $50 fine and one point on your driving record. However, penalty assessments will be added to the $50 so that the total amount you will have to pay will be closer to $200. By hiring a traffic ticket lawyer, you may be able to avoid paying the fines and you may also be able to avoid the points on your driving record.

Continue reading "Don't Get Ticketed for Passing a Parked Emergency Vehicle - California Vehicle Code Section 21809" »

In California, a police officer does not have to be behind you with his or her lights on in order to pull you over. A recent California Court of Appeals case (People v. Pakes) held that the police only need to make a reasonable effort to overtake your vehicle in order to technically be in pursuit.

Evading a police officer is a violation of the California Vehicle Code Section 2800.2. Section 2800.2 states that if a driver flees a pursuing police officer, and the pursued vehicle is driven in a willful or wanton disregard for safety, the driver can be punished by serving jail time. In the Pakes case mentioned above, the defendant argued that the "pursuing" officer needed to be behind his vehicle for a violation of Section 2800.2 to occur. Looking at Section 2800.2's plain meaning, the court found that the word "pursue" includes "the concept of overtaking for capture," which does not require that a pursuing officer place himself behind a suspect.

Continue reading "Evading a Police Officer in California, Vehicle Code Section 2800.2: How Knowing the Law Could Spare You Jail Time" »

The city of Pasadena is located in the San Gabriel Valley and is a bustling region of Los Angeles County. Known nationally for hosting the Tournament of Roses parade and the annual Rose Bowl Football game, Pasadena is also recognized for being a safe and diverse community. With an estimated population of 146,518 as of 2007, Pasadena is the sixth largest city in LA County, drawing many new residents and returning visitors. With four major freeways passing through the city, arrests for reckless driving have been known to take place in Pasadena.

In the event that a motorist is arrested for reckless driving in Pasadena, he or she has the right to seek assistance from an experienced Pasadena reckless driving defense attorney. Under California Vehicle Code 23103, an officer may determine that you have operated your vehicle “in willful or wanton disregard for the safety of persons or property”, thus resulting in misdemeanor charges being held against you. Taking into account that a reckless driving charge can result in harsh consequences including a fine of $145 to $1,000, 5 to 90 days of imprisonment, or both, having a legal professional on your side can make a great difference in proving your innocence and ensuring your freedom.

If you have been charged with reckless driving or with DUI in Pasadena, contact the skilled Southern California criminal defense lawyers at Wallin and Klarich right away. Our attorneys have been aggressively defending the rights of those facing criminal charges in California for over 30 years, lending us the quality legal knowledge and resources that you need to obtain a successful outcome in any criminal case. Call Wallin and Klarich today at 888-280-6839 for a case evaluation.

ATTACKING OFFICER'S DETERMINATION OF YOUR SPEED

When you are charged with exceeding a posted speed limit in an area where the limit is absolute, you are guilty if it can be determined that you drove over the speed limit. However, you are not without viable defenses.

One such defense is to attack the officer's determination of your speed. This is accomplished by discovering what method the officer used to cite you, and aggressively attacking that particular method. Even when charged with violating a posted or "absolute" speed limit, defenses remain available to avoid being found guilty in court.

Continue reading "Part 2 - In California, Speed Limits Are "Absolute" On Freeways, but "Presumed" Almost Everywhere Else" »

There are two basic types of speed limits in California:

1. Absolute


2. Presumed

Each type of speed-limit violation often requires a unique defense. It is key to hire an experienced attorney who understands each of the different types traffic violations.

"Absolute" speed laws apply in a situation where you are driving on a highway where the maximum speed limit is 65 miles per hour. It is a violation of the law to travel at greater than 65 miles per hour, even if it is 3am and it appears perfectly safe to do so.

On the other hand “presumed” violations of the speed laws pertain to a possible violation of California Vehicle Code 22350. If the posted speed limit on a city street is 40 miles per hour, that is a “presumption” that it is not safe to go faster than 40 miles per hour. However, you can raise a defense that you were going 45 miles per hour at 3am and there was no traffic on the street. In that instance you could win your case with that defense.

Continue reading "Part 1 - In California, Speed Limits Are "Absolute" On Freeways, but "Presumed" Almost Everywhere Else" »

Once it can be shown that a motorist is “in custody,” he or she must be afforded the constitutional protections of Miranda. It is settled amongst the courts that the safeguards prescribed by Miranda become applicable as soon as a suspect’s freedom of action is curtailed to a “degree associated with formal arrest.” (California v. Beheler 463 US 1121, 1983).

When dealing with the protections of Miranda, it is important to note that the question is not whether a motorist has actually been formally placed under arrest, but rather whether the motorist is subjected to treatment that renders him “in custody for practical purposes.”

Continue reading "Once a Driver is in Custody, He or She Must Be Afforded the Protections of Miranda" »

In People v. Butler, the court reversed appellant’s conviction for transporting cocaine, because the arresting officer lacked reasonable suspicion to stop appellant’s vehicle due to tinted windows. The court “disagreed with the People’s suggestion that seeing someone lawfully driving with tinted glass raises a reasonable suspicion of illegality such that a reasonable inquiry is justified.” (People v. Butler, 202 Cal.App.3d 602, 1998)

It is important to discuss with your attorney the circumstances of the stop of your vehicle. Know your rights and protect your freedom.

Continue reading "Does an Officer's Observations of Tinted Windows Provide Requisite Reasonable Suspicion to Justify a Stop?" »

The United States Supreme Court case of South Dakota v. Operman, 427 US 364 (1976) set for the following criteria for the lawful impound and inventory of a vehicle:

1. The vehicle must be lawfully in police custody. For example, following a traffic stop or lawful arrest of a driver.


2. The inventory must be for the purpose of listing the contents of the vehicle and not for an investigative purpose.


3. The impound and inventory must be pursuant to a standard policy of the police department involved. Meaning, the impound and inventory cannot be left wholly to the discretion of the officer seeking to conduct the impound and inventory.

Continue reading "Impound and Inventory of a Vehicle (Part 2)" »

Generally, a police officer can seize any vehicle they have probable cause to believe contains illegal items or evidence of a crime. Once the vehicle has been "seized," police can then conduct a search at a police facility or impound lot. The California Vehicle Code details when a car can and cannot be impounded.

If contraband or evidence of a crime is discovered during the course of a lawful inventory search, that evidence will be admissible in court against you.

Continue reading "Impound and Inventory of a Vehicle (Part 1)" »

The city of Long Beach is situated along the Pacific coast in Southern California. Long Beach boasted a population of 492,682 in January 2009, making it the second-largest city in the Los Angeles metropolitan area. Most known for being home to one of the world’s biggest shipping ports, the Port of Long Beach, the city is also a prominent contributor to the development of aerospace industry and high-technology. As more and more people are drawn to Long Beach for employment and as a place to settle down to raise a family, roads are prone to congestion and arrests are often made for reckless driving (which can include drunk driving charges).

As a misdemeanor offense, reckless driving charges in Long Beach may result in imprisonment for 5 to 90 days, a fine of $145 or $1,000, or both. California Vehicle Code 23103 characterizes reckless driving as operating a vehicle “in willful or wanton disregard for the safety of persons or property”. If you have been charged with reckless driving in Long Beach, it may be in your best interest to contact a skilled Long Beach reckless driving defense lawyer who will ensure that your rights are not infringed upon.

Comparable to a drunk driving conviction, a reckless driving conviction can result in the DMV adding points to your driver’s license. If you have been charged with reckless driving or with DUI, contact the experienced Long Beach criminal defense lawyers at Wallin and Klarich today. We have been protecting the rights of those facing criminal charges in California for over 30 years, lending us the knowledge and resources to reach a successful result in any criminal case. Call Wallin and Klarich today at 888-280-6839 for a case evaluation.

San Diego is the eighth biggest city in population in the United States. Located in the Southwest area of California along the Pacific Ocean, San Diego is 372.1 square miles in size. With its closeness to beautiful beaches and other relaxing areas, San Diego is a major tourist center in the state of California. San Diego’s economy relies heavily on manufacturing (home to companies such as Qualcomm Incorporated), defense (home to the largest naval fleet in the world), and tourism (home to numerous points of interest that include the San Diego Zoo and Sea World). With such an enormous quantity of drivers, residents and tourists traveling throughout San Diego, arrests are often made for reckless driving which can include drunk driving charges.

If an officer determines that you have driven a vehicle “in willful or wanton disregard for the safety of persons or property”, as defined by California Vehicle Code 23103, then you may be charged with reckless driving. Reckless driving is a misdemeanor offense, but its penalties should not be taken lightly. Considering that reckless driving charges in San Diego can result in harsh consequences, such as imprisonment for 5 to 90 days, a fine of $145 to $1,000, or both, it may be in your best interest to seek legal support from a skilled San Diego reckless driving defense attorney.

If you have been charged with reckless driving or with DUI, contact the experienced Southern California criminal defense lawyers at Wallin and Klarich as soon as possible. Our attorneys have been defending the rights of those facing criminal charges in California for over 30 years, providing us with the resources and knowledge to obtain a successful outcome in any criminal case. Call Wallin and Klarich today at 888-280-6839 for a case evaluation.

As the largest city in California and the second largest in the U.S., Los Angeles has much to offer its residents and the hundreds of tourists who visit throughout the entire year. Also known as the “City of Angels”, Los Angeles had an estimated population in July 2008 of 3,833,995 occupying its 498.3 square miles. It’s no wonder then that the greater Los Angeles metropolitan area amounts to almost 12.9 million inhabitants. As the hot-spot of multiple major corporations, entertainment and sports venues, and with access to many vital highways, arrests are often made for reckless driving in Los Angeles which can include drunk driving charges.

Reckless driving is a misdemeanor offense, but its consequences should not be underestimated. Considering that reckless driving charges in Los Angeles can result in stiff penalties, such as a fine of $145 to $1,000, imprisonment for 5 to 90 days, or both, it may be in your best interest to seek legal assistance from an experienced Los Angeles reckless driving defense attorney. If an officer determines that you have driven a vehicle “in willful or wanton disregard for the safety of persons or property”, as defined by California Vehicle Code 23103, then you may be charged with reckless driving.

Similar to a drunk driving conviction, a reckless driving conviction can result in the DMV adding points to your driver’s license. If you have been charged with reckless driving or with DUI, contact the skilled Southern California criminal defense lawyers at Wallin and Klarich today. We have been defending the rights of those facing criminal charges in California for over 30 years, lending us the knowledge and resources to reach a successful outcome in any criminal case. Call Wallin and Klarich today at 888-280-6839 for a case evaluation.

The city of Palmdale has grown immensely as a city located in the northeast region of Los Angeles County. Palmdale had an estimated population of 151,346 in January 2009, drawing new residents to live close to the stunning San Gabriel Mountain range. As a city that is mostly full of family communities, Palmdale’s growth and popularity has made it California’s largest desert city. Although Palmdale is considered a safe community, law enforcement is always on the look-out for drunk drivers in which those who are arrested or charged with DUI have the right to seek a skilled Palmdale DUI defense attorney for legal advice and representation.

There is much to consider when facing DUI charges in Palmdale, or any other criminal charges for that matter. It is important to remember that an accused is innocent until proven guilty; however, much social stigma is attached to criminal offenses, such as drunk driving, even before a case goes to trial. At Wallin & Klarich, our aggressive and knowledgeable criminal defense attorneys have been helping protect the rights of those accused of criminal offenses in California for over 30 years. Our experience lends us a wide-range of skills and resources that are necessary for a positive outcome in any criminal case.

If you have been charged with driving under the influence of alcohol or drugs, or are facing any other criminal charges in Palmdale, the criminal defense lawyers at Wallin & Klarich are here to help. We understand that you may be feeling overwhelming and even frightened, but with one of our attorneys by your side, you can rest assured that everything that can be done to build you a strong defense will be put into action. For a case evaluation, call Wallin & Klarich today at 888-280-6839 or visit www.wklaw.com today for more information.

An Experienced Criminal Defense Attorney Will Protect Your Right from a Warrantless Search of Your Home

Any person can call law enforcement and complain to tell them that a person is drinking and driving. If a complaint names the suspected drunk driver, law enforcement may be able to go the house of the named suspect and lawfully search the home without a warrant.

Some courts have held that these searches are lawful while other courts have held that these searches violate a person’s rights and are therefore illegal. Either way however, courts agree that an important factor to consider in determining whether the search was legal or not was whether “exigency” exists. Exigency exists when law enforcement fear that evidence may be destroyed, thus law enforcement can search without a warrant to prevent the evidence from being destroyed.

In the context of a DUI investigation, the police and prosecutors will argue that an entry into a home, even without a warrant, was necessary to preserve evidence of blood alcohol content. For example, law enforcement would argue that a warrantless entry was necessary to preserve the bottle of alcohol the suspect possibly drank from. However, this argument alone is rarely sufficient to justify a warrantless entry into a home.

Continue reading "A Drinking and Driving Complaint May Give Rise to a Warrantless Search of Your Home" »

Located within the vast spread of Los Angeles County, Pasadena is a diverse city mostly known for putting on the nationally viewed Tournament of Roses parade and the annual Rose Bowl Football game. With an approximate population of 146,518 reported in 2007, Pasadena is the sixth largest city in LA County and has attracted many new residents and returning visitors as a cultural hot spot in the San Gabriel Valley. It may be no surprise then that four highly traversed freeways run through Pasadena, putting law enforcement on alert for signs of drivers operating vehicles while under the influence of drugs or alcohol. In the event that a person is arrested for DUI in Pasadena, he or she is innocent until proven guilty and is entitled to seeking assistance from a skilled Pasadena DUI defense attorney.

Although Pasadena is considered a very safe community, some drivers may be suspected of violating the law and accused of putting other drivers and pedestrians at risk. Being charged with a DUI in Pasadena presents serious challenges that no one ever expects they will face. Ensuring that your constitutional rights are protected is essential in accordance with having an experienced attorney who has handled hundreds of DUI cases investigate the accuracy of tests that were conducted to determine your level of intoxication, among many other factors. You do not have to go through this alone.

At Wallin & Klarich, our experienced Pasadena criminal defense lawyers have the legal knowledge and resources to handle a wide-range of cases relating to DUI, juvenile offenses, theft crimes, violent crimes, sex offenses, and much more. With over 30 years devoted to aggressively defending the rights of those accused of criminal offenses in California, our attorneys are prepared to assist you in all the several ways that we can. Call Wallin & Klarich today for a case evaluation at 888-280-6839.

An Experienced Criminal Defense Firm will Expose a Lack of Reliability from an Anonymous Informant

An anonymous tip, standing alone, seldom will exhibit sufficient indicia of reliability to support reasonable suspicion for an investigatory or traffic stop. An informant who provides information face-to-face to law enforcement is not considered the same as an anonymous tipster. See United States v. Romain, 393 F.3d, 63 (2004).

Officers do not have the same duty to confirm the citizen informant's information before acting on it. When information is provided to law enforcement from an anonymous tipster, police officers do not have the opportunity to evaluate personally an informant's expression, tone of voice, and mannerisms.

Continue reading "Officer's Have Heightened Duty to Confirm an Anonymous Tipster's Information" »

An Experienced Criminal Defense Attorney Knows How to Effectively Rebut this Presumption

As discussed in the blog yesterday, a person who tips officers to suspected criminal conduct is called an “informant.” A citizen informant generally gains knowledge of an alleged criminal offense by being either a witness or a victim. A citizen informant is deemed to be reliable, unless this presumption of reliability is rebutted.

Courts have held that a citizen informant providing information to law enforcement generally has a strong basis of knowledge and there is little concern for the motives behind volunteering the information. However, information provided by an informant is often inaccurate and uncorroborated. For this reason, hiring a knowledgeable and experienced criminal defense attorney is paramount.

Continue reading "Courts Give a Presumption of "Reasonable Suspicion" Established from a Citizen Informant's Statements" »

Why You Need a Criminal Defense Attorney Who Knows Search and Seizure Laws

In order to conduct a legal traffic stop, an officer must have what is called “reasonable suspicion” to stop the car. Often, officers will rely on a tip they received from someone who may know the suspect, one who may have seen the suspect engage in an illegal activity, or a person with a hunch to create the requisite reasonable suspicion. A person who tips officers to suspected criminal conduct is called an “informant.”

In order to use an informant to build reasonable suspicion, the officer must consider the reliability of the information. In United States v. Leos-Quijada, 107 F.3d 786 (10th Cir. 1997), the court stated that when information comes from an informant, reliability may be assessed by viewing the credibility of the informant, the basis of the informant's knowledge, and the extent to which the police are able to independently verify the tip.

The lower the reliability, credibility, or veracity of the informant, the more information that is required to create reasonable suspicion. Often times, in a California DUI case, the arresting officer is unable to sufficiently verify the basis for the information, or the reliability of the informant.

Continue reading "A Traffic Stop Based on an Anonymous Informant's Tip Must Be Reliable to be a Legal Stop" »

Why You Need a Criminal Defense Attorney to Defend Your Rights

During the course of an ordinary traffic stop, an officer may detect clues of an illegal drug crime in California. These clues, while seemingly inconsequential, when considered in the aggregate, may provide the additional reasonable suspicion required to detain an individual for further investigation.

Generally, no single factor will justify further detention. Each individual factor, considered separately, may well have an innocent explanation, but still suggest illegal activity in the aggregate. United States v. Arvizu, 534 U.S. 266 (2002).

Continue reading "Inconsequential "Clues" Considered Together May Amount to Reasonable Suspicion of Criminal Activity" »

Valencia, California is a planned community that along with three other communities, merged to form Santa Clarita, California in 1987. The area is extensively used as filming locations for many TV series', past and present. Some of these shows include The Power Rangers, NCIS, Weeds and Melrose Place. Valencia is also known for its paseos, a network of walkways that connect the entire community without crossing streets at grade. The current population is estimated to be 32,642. Considering the vast population that inhabits Valencia’s community, not to mention the many visitors and travelers who traverse through its roadways, it is crucial that any matters involving a drunk driving offense be handled by an experienced Valencia criminal defense lawyer.

When charged with DUI in Valencia, many people are left feeling confused and overwhelmed regarding their rights and the potential effects of serious consequences they may face. If you fail to request a DMV hearing within 10 days of your arrest, your driver’s license will automatically be suspended for four months or longer if this isn’t your first DUI offense. At Wallin & Klarich, our skilled Valencia DUI defense lawyers have been defending the rights of those accused of driving under the influence for many years. We work tirelessly to negotiate a reduced charge so that our clients stay out of jail and can retain their driving privileges to carry on a productive life.

The knowledgeable and aggressive Valencia criminal defense attorneys at Wallin & Klarich are available to assist you with your specific case, whether it’s for driving under the influence of alcohol or drugs, or any other kind of criminal offense. With our 30 years of experience in criminal defense, our attorneys are familiar with local courts, procedures, prosecutors, and judges. Call us today for a case evaluation at 888-280-6839.