DUI & Drunk Driving
Watson Murder- How a DUI related traffic fatality can lead to a 2nd Degree Murder Charge in California
It's something you read in the paper all the time- "Traffic Fatality in Orange County, Driver Arrested Under Suspicion of Driving Under the Influence". Especially with the death of Angels pitcher Nick Adenhart and the very public trial that followed his being killed by a drunk driver, this issue comes up again and again in Orange County, and throughout Southern California. Typically, if someone is under the influence of drugs…
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I lost my DMV administrative hearing but the prosecutor never filed DUI charges. Do I still get points on my DMV record? – California Vehicle Code 23152, California Vehicle Code 12180
Suppose you were arrested on suspicion of drunk driving, a violation of California Vehicle Code section 23152. Under California law, your license is automatically suspended pending the outcome of your criminal case, unless you request an administrative hearing with the California Department of Motor Vehicles to contest the suspension within 10 days. (CVC 14100.) What if you request the administrative hearing and lose, but the prosecutor never files criminal charges?…
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DUI for Marijuana in California
Driving under the influence: It is unlawful to drive a motor vehicle while under the influence of marijuana (or alcohol or any other drug, whether it is prescribed, recommended or illegal) by Vehicle Code 23152. "Under the influence" is defined as a result of taking a drug, the person' s mental or physical abilities are so impaired that the person is no longer able to drive a motor vehicle with…
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Vehicle Code 23152a – David Cassidy Charged with DUI
Former teen idol David Cassidy was charged with drunk driving after his Mercedes was stopped by a Florida Highway Patrol officer in Fort Pierce. The officer noticed the vehicle when it reportedly left the roadway and drifted onto the shoulder rumble strip twice before cutting off another car at an exit ramp. The 60-year-old former star of the 1970s television show "The Partridge Family" failed a number roadside sobriety tests…
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Vehicle Code 13202.5 – Persons under the age of 21 caught in possession of alcohol will often lose their driving privileges in California
Under Business and Professions Code 25662, it is illegal for a person under the legal drinking age of 21 to be in possession of an alcoholic beverage while on any street, highway, or public place. As a misdemeanor, a first-time offender will be subject to a fine of $250 or will be required to perform between 24 to 32 hours of community service during hours when the person is not…
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DUI and Evading Police
Pablo Santiago, age 21, was arrested recently by Carlsbad police after trying to get away from them by running. Santiago was allegedly driving under the influence of drugs when an officer spotted him driving erratically on the streets of Carlsbad. The officer attempted to pull Santiago over but Santiago sped away. According to the report by San Diego 10 News, Santiago later stopped the car, exited, and began to run…
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Driving Under the Influence of Drugs – Expert Testimony along with Defendant’s Actions Sufficient Evidence to Convict – California Vehicle Code Section 23152
The California Court of Appeal recently ruled that evidence supported the conviction of driving under the influence of methamphetamine where the drug was described as one that could impair driving ability and defendant was agitated, paranoid and impaired when stopped. In People v. Benner, 2010 D.A.R. 8942, the defendant was pulled over by police officers for having expired registration tags. The defendant threw a bag out of the window before…
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California Launches New Pilot Program Increasing Use of Ignition Interlock Devices in Select Counties – California Vehicle Code Section 23700
Starting July 1, 2010, a new law requires anyone convicted of DUI in Los Angeles County and three other counties, even first-time offenders, to install an ignition interlock device (IID) in his or her vehicle. (California Vehicle Code section 23700(a)(7).) IIDs require the driver to blow into a device before the vehicle's ignition will start. If the IID determines that the driver's blood alcohol content is above a certain threshold,…
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Soprano’s Star Arrested on DUI Charges – California Vehicle Code Section 23152, 23536
It was recently reported by TMZ that Soprano's star, Joseph Gannascoli was arrested early Friday morning and charged with drunk driving. Gannascoli was arrested after officers claimed they observed him making a wide right turn and then drifting between lanes. After the officers stopped Gannascoli, they noticed that he had bloodshot eyes, smelled of alcohol, and slurred his speech. The actor submitted to a field sobriety test and blew a…
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Lindsay Lohan Allegedly Cleared from Probation Violation in Nonviolent Drug Possession Offense– California Penal Code Section 1210.1
TMZ recently reported that Lindsay Lohan may be cleared of her potential probation violation. Following the MTV Movie Awards, Ms. Lohan's SCRAM alcohol monitoring bracelet detected alcohol in her system, a clear violation of her probation. However, it is reported that the following morning, Ms. Lohan went to the L.A. County Probation Department where her urine tested negative for alcohol. Allegedly, sources connected with the Probation Department have stated that…
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