Part 2 – In California, Speed Limits Are “Absolute” On Freeways, but “Presumed” Almost Everywhere Else
Part 2 – In California, Speed Limits Are “Absolute” On Freeways, but “Presumed” Almost Everywhere Else
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…
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San Bernardino Reckless Driving and DUI Attorneys
As a main area of California's Inland Empire, the city of San Bernardino is home to approximately 205,010 inhabitants. Within its stretch of 78.5 square miles in size, San Bernardino is the eighteenth largest city in California based on population. Situated at the foothills of the San Bernardino Mountains, San Bernardino draws visitors from all across California and from out-of-state. Considering that the densely populated area of San Bernardino is…
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Part 1 – In California, Speed Limits Are “Absolute” On Freeways, but “Presumed” Almost Everywhere Else
There are two basic types of speed limits in California: Absolute 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…
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Huntington Beach Reckless Driving and DUI Defense Lawyers
Up and down the California coast, beautiful scenery blankets city after city. Huntington Beach, California is one such city that can truly be deemed picturesque. Housing a population of 192,620 as of July 2008, and measuring 31.6 square miles in size, Huntington Beach, commonly known as Surf City, welcomes a large number of tourists each and every year. The host site of a variety of coastal events, such as surf…
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Driver Can Be Prosecuted and Convicted of Second-Degree Murder
In the case of People v. Watson (1981) 30 Cal.3d 290, the California Supreme Court ruled that if a person drives a car in a manner demonstrating a conscious disregard for human life, this will constitute "implied malice," and the driver can be prosecuted and convicted of second-degree murder. This means that if a person is killed as a result of extremely reckless driving, it may be considered an unlawful…
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Prosecution’s Burden to Justify a Warrantless Search or Seizure
It is the prosecution's burden to justify a warrantless search or seizure. People v. Williams (1999) 20 Cal. 4th 119. The defendant has the right to suppress evidence when the evidence is obtained by an illegal detention, arrest, or search in violation of both the United States Constitution and Cal Pen. Code section 1538.5. In addition, the exclusionary rule of the Fourth Amendment prohibits the admission of evidence obtained as…
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Once a Driver is in Custody, He or She Must Be Afforded the Protections of Miranda
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…
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In Tough Economic Times, an Expungement of a Criminal Conviction Can Help
Recent unemployment numbers out of California show the unemployment rate at 12 percent. Experts predict that the unemployment rate nationally will top 10 percent. In today's competitive job market, the difference between being hired or passed over for a position often comes down to minor factors. One of these potential factors can be past criminal convictions. An employer may pass over a candidate who has a criminal conviction, in favor…
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Withdrawing a Guilty or No Contest Plea
An Experienced Criminal Defense Firm Can Help You Withdraw Your Plea At any time before judgment or within 6 months after an order granting probation, and if entry of judgment was suspended, the court may permit the withdrawal of a guilty plea in California and the entry of a not guilty plea upon a showing of good cause. The decision to move to withdraw a guilty plea belongs to the…
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Felony Committed While Out on Bail or Released on Your Own Recognizance
We all know that you could face criminal punishment for violating a law. But what punishment do you face if you post bail, then commit another serious crime while out on bail? In California, this could lead to even more severe punishment. A defendant who is released on bail or on his or her own recognizance will face serious additional punishment if it is proven that he committed a new…
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