Criminal Defense
California Deportation for Drunk Driving On a Suspended License
Drunk Driving On A Suspended License Is a Deportable Crime Requiring the Assistance of a Criminal Defense Attorney A recent ruling by the United States Appeals Court for the 9th District underscores the necessity of hiring an aggressive and skilled California criminal defense attorney. Circuit Judge O'Scannlain, writing the opinion for the six member majority, found drunk driving "offenses committed with the knowledge that one's driver's license has been suspended…
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California Drunk Driving Could Result in Deportation
Deportation for Drunk Driving: Why You Need a Criminal Defense Attorney A new court decision may allow persons convicted of drunk driving to be deported. On March 4, 2009, the United States Appeals Court for the 9th circuit decided the case of Marmolejo-Campos v. Holder. Mr. Campos was a Mexican national who was convicted of driving under the influence for the second time. While pleading guilty, he admitted knowing his…
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California DUI Law Imposes Stricter License Suspension Criteria
Are You on Probation for a DUI? If so, please keep reading because recent changes in California Law make having your California driver's license suspended much easier. Beginning January 1, 2009 California Vehicle Code section 23154 will impose a zero tolerance policy on people on probation for DUI's. In other words, if the cops stop you and you have any alcohol in your system, you're going to see your license…
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License Suspension in California Can Result from Various Traffic Violations
Your license can still be suspended even if you are not convicted of a DUI in California Although it is well-known that if you are convicted of DUI, your driver's license will most likely be suspended. What is not as commonly known is that there are many cases in which if you are convicted of a violation other than DUI you can still get your driver's license suspended. Violations of…
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California Alcohol and Chemical Testing
Do I Need A California DUI Attorney? I Took an Alcohol and/or Chemical Test and I Need a DUI Lawyer Under California law drivers pulled over for suspicion of driving under the influence have the right to refuse a preliminary alcohol screening test. A person lawfully detained for suspicion of DUI in California can refuse the PAS test, and only have to submit to a breath or chemical test after…
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California DUI Laws Surprise Defendants with Two Counts for One Crime
How Can I Be Found Guilty Of Two Counts For One DUI? When you are stopped and arrested for Driving Under the Influence (DUI), by the time you get to court you might be surprised that you have been charged with two counts for the same DUI, or the same incident. That is because in California you can be charged under California Vehicle Code Section 23152(a) for driving under the…
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Boating Under the Influence and DMV License Suspensions
Can I lose my driver's license for boating under the influence? Do I need a DUI defense attorney? California Vehicle Code section 305 defines "driver" as "a person who drives or who is in actual physical control of a vehicle." The term "Driving" has been defined in various ways by courts, and the issue was most recently addressed by the California Supreme Court in Mercer v. DMV 53 Cal.3d 753…
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California DUI Probation Prevents Driver From Having Any Alcohol in System
Without An Experienced Criminal Defense Attorney, Driver's On Probation For A DUI In California May Lose Their License Under New California Law, If Found To Be Driving With Any Measurable Level Of Alcohol In Their System Under previous California law, the Department of Motor Vehicles or the California Courts will typically suspend the driver's driving privilege for up to a year on a first time DUI, and place the driver…
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VC 23152(a) and VC 23152(b) – Enhancements that can make your DUI even more of a pain.
Most people already know that DUI arrests are unpleasant events. However, most people don't realize that not all DUI's are created equal. Some DUI's carry stiffer penalties depending on the facts of the case. Sometimes, the facts of the case can make your DUI arrest worthy of a felony. In other situations, the prosecutor on the case might file additional allegations or "enhancements." If this happens, the difference between going…
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Driver’s License Attorneys: Do I Need a Lawyer to Get My Driver’s License Back?
One of the harder punishments of a DUI is license suspension. The lack of options for public transportation in California makes this even harder. There are various options available to individuals who have had their licenses suspended as a result of a DUI. These include a restricted driver's license, a critical need driver's license, and getting your full driver's license privileges reinstated. An experienced and knowledgeable California DUI defense attorney…
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