Can I still successfully fight a DUI charge if my alcohol level was above the legal limit?
Can I still successfully fight a DUI charge if my alcohol level was above the legal limit?
The simple answer is yes, absolutely. Your alcohol level is one of many factors that must be considered in a DUI case. Often times individuals charged with a DUI come to the inaccurate conclusion that just because their blood alcohol level (BAC) was above the legal limit, they are automatically guilty. That is far from the truth. Like previously stated, a suspect's alcohol level is an important factor but several…
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DUI Drugs – Ability To Safely Drive Your Vehicle
The primary issue in a California DUI Drugs case is whether the drugs (legal or illegal, prescribed or over-the-counter) affected your ability to safely drive your vehicle California Vehicle Code 23152(a) prohibits driving under the influence of drugs. It is irrelevant whether the drugs were legal or illegal, prescription or over-the-counter. Under California DUI law, "drugs" means any substance or combination of substances (other than alcohol) which could affect your…
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If I blew exactly .08, will I be charged for a DUI?
Under California law, it is unlawful for any one who is under the influence of alcohol or drug(s) or a combination of alcohol and drug(s) to drive a vehicle. "Under the influence" means as a result of using alcohol and / or drugs, your physical or mental abilities are impaired to such a degree that you no longer have the ability to drive the vehicle with the caution characteristic of…
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Oceanside Man Accused of “Cooking his wife” Accused of Murder (PC 187)
Just when you thought you have heard it all. Oceanside resident Frederick Hengl has been arrested by police and accused of cooking his wife's flesh. Neighbors of the accused reported a foul smell coming from the home he shared with his wife Anna Faris and so they called the police. When the police arrived they allegedly found parts of Faris' body cooking in three pots on the stove top, according…
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Vehicular Manslaughter Charges – PC 191.5b
Steven Todd Newcomer has been charged with one felony count of vehicular manslaughter while intoxicated without gross negligence and hit and run causing death. Kimberly Krause was riding her motorcycle eastbound on Chapman Avenue in Garden Grove and proceeded through the intersection on a green light and Newcomer allegedly made a left turn in front of her without yielding to oncoming traffic. Newcomer allegedly stopped for a moment before fleeing…
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Many Los Angeles County Courts To Close Due To Lack Of Funds
The Los Angeles County Superior Court has become the latest victim of the economic crisis, announcing this Wednesday that it must cut up to $85 million from its upcoming fiscal budget that could involve the closure or partial closure of up to 10 local courthouses. Judge Lee Smalley Edmon, presiding judge of L.A.'s courts, confirmed the reductions and stated the cuts were necessary "in order for the court to live…
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Your Life Sentence May Now Be Challenged Due To Proposition 36
Earlier this month, the voters of California approved Proposition 36, which modifies the limits of the California's "three-strike" statute, which will allow a more humane sentencing system in the state. Under the previous law, people would end up serving life sentences for crimes as minor as shoplifting. Proposition 36 amends the 1994 California three-strike law by eliminating the imposition of a 25 to life sentence for nonviolent crimes. Previously, a…
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Why you need Wallin and Klarich if you are facing sentencing for an embezzlement charge – Penal Code Section 503
When you are facing sentencing by a judge for an embezzlement conviction, it is critical you have an experienced criminal defense law firm fighting for you. The judge has many options available to him when he sentences you for an embezzlement conviction. The judge can: l. Sentence you to up to 3 years in jail if you were convicted of felony embezzlement. 2. Sentence you to up to one year…
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Father And Two Adult Children Arrested On Allegations Of Bank Robbery
Authorities in Texas allege that a father and his two adult children are responsible for the robbery of multiple banks. Authorities arrested the fifty-year-old man, and his twenty-year-old son, and eighteen-year-old daughter after authorities recognized the father and son from surveillance footage. Police claim they had seen the father and son previously, in a surveillance video of a bank robbery from October 1, 2012 of a bank outside of Houston.…
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New Los Angeles Law Requires Porn Actors To Wear Condoms
In what is being called a major victory for the health of those who work in the Adult Entertainment industry, the voters of Los Angeles County approved Measure B which requires all Adult Entertainment actors to wear condoms in any film that they make in Los Angeles County. The new law will carry strict fines for violations. Many in the industry are greatly concerned that this new law will negatively…
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