Criminal Defense
Don’t Get Ticketed for Passing a Parked Emergency Vehicle – California Vehicle Code Section 21809
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…
Read MoreEvading a Police Officer in California, Vehicle Code Section 2800.2: How Knowing the Law Could Spare You Jail Time
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.…
Read MorePasadena Reckless Driving and DUI Lawyers
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…
Read MorePart 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…
Read MorePart 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…
Read MoreOnce 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…
Read MoreDoes an Officer’s Observations of Tinted Windows Provide Requisite Reasonable Suspicion to Justify a Stop?
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 .3d 602, 1998) It is important to discuss with your attorney…
Read MoreImpound and Inventory of a Vehicle (Part 2)
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: The vehicle must be lawfully in police custody. For example, following a traffic stop or lawful arrest of a driver. The inventory must be for the purpose of listing the contents of the vehicle and not for an investigative purpose. The…
Read MoreImpound and Inventory of a Vehicle (Part 1)
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…
Read MoreLong Beach Reckless Driving and DUI Defense Lawyers
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…
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