California Criminal Lawyer Blog

What is a DUI?
DUI is an acronym that stands for Driving Under the Influence. What does "under the influence" mean? Drugs (whether legal, illegal, prescription or over-the-counter medications) and alcohol are known to affect or "influence" a person's behavior. Alcohol is a depressant, which can slow down a person's motor skills, therefore affecting driving ability. Drugs can be a depressant or a stimulant. A stimulant speeds up the body such as heart rate and metabolism and can also affect one's driving ability.
In every state in the U.S. it is illegal for a person to be operating a motor vehicle while under the influence of drugs or alcohol. You can be charged with a DUI if police have reasonable evidence that your driving ability was affected by drugs or alcohol. You can also be charged with a DUI if you are found to be driving with a blood alcohol content above the state's legal limit.
What is a DWI?
There are some states such as New York that refer to drunk driving as DWI or Driving While Intoxicated. A person is intoxicated when he or she has consumed drugs and/or alcohol to the point where it affects their mental or motor skills. Some common symptoms of intoxication include slurred speech, fumbling for items such as a driver's license, difficulty maintaining balance, red eyes and a flushed face.
If police consider you to be intoxicated, they will ask you to submit to a field sobriety test and a chemical test. A field sobriety test (like the Walk and Turn) checks your mental and motor skills to see if you are exhibiting signs of intoxication. A chemical test (blood, breath or urine) measures a person's blood alcohol content. If you are over the state's legal limit (.08%) you can be charged with DWI.
Other states that refer to drunk driving as DWI are Alaska, Arkansas, Connecticut, Louisiana, Missouri, Nebraska, New Jersey, New Mexico, Texas and West Virginia.
While DWI and DUI essentially mean the same thing, the penalties vary from state to state. Other acronyms include: OWI: Operating While Intoxicated (Indiana, Iowa); OUI: Operating Under the Influence (Massachusetts, Rhode Island); OVI: Operating a Vehicle While Intoxicated (Ohio); DUII: Driving Under the Influence of Intoxicants (Oregon).

Information provided by www.drunkdrivinglaws.org

If you have been arrested for drunk driving in California you will face both administrative as well as criminal penalties. The outcome of the any DUI case in California depends on many factors that come up during the arrest and ensuing proceedings. For example if you are already on probation for a prior DUI and refuse to submit to a breathalyzer you could face higher administrative action against you. Because of the complexity of a DUI case you should have an attorney on your side to protect your rights.

Administrative penalties you could face:

- 1st time DUI - license suspension for at least 4 months.
- Courts will order mandated completion of alcohol assessment and treatment in order for you to get your license back at your expense.
- New law affecting Sacramento drivers - it is now mandatory to install at your expense an ignition interlock device at your expense.
- When your license is reinstated it will be reinstated with restrictions and you will be required to obtain SR-22 insurance coverage at your expense.

Potential Criminal Penalties:

- 1st Offense - Conviction carries a mandatory incarceration in County jail of 2 days.
- Fines incurred upon conviction range from $2500-$3000, but completion of sentence including adherence to probation requirements and other items (administrative penalties) will incur additional expenses.
- DUI convictions can be counted as priors for a period of 10 years.

California does allow for reduction of DUI charges. This involves negotiations with the district attorney and if there was a blood draw, the possibility of retesting your blood. A Sacramento DUI attorney is best equipped to help accomplish this goal.

Continue reading "DUI - First Offenses and what you could face" »

The police officers blend into the thriving party scene, milking drinks in the corner of a north Fresno bar.

They are undercover -- a man and a woman -- watching for partiers who are obviously drunk or are downing drink after drink.

Fresno police are taking enforcement of the California DUI laws to a new level -- which officers expect will bring both success and outrage. Saturday night, the traffic unit unveiled a new operation in which plainclothes police officers stake out bars and target drunk patrons. If the heavy drinkers get behind the wheel, officers in unmarked cars follow them and call in marked police cars to pull them over.

Four people were arrested during a four-hour operation at two bars in northeast Fresno.
"It's a new idea," traffic Capt. Andy Hall said. "It's a new way to address the problem of drunk driving."

Hall say it's necessary because of a string of DUI collisions -- some of them fatal -- in which drivers had come from drinking at a bar or restaurant.
Traffic detective Mark Van Wyhe said that while he expects some people to be upset, he's trying to make the community a safer place.

"We're not trying to discourage them from going out and having a good time. We just want them to be smart about it, whether that's getting a designated driver or a taxicab."
Van Wyhe and a crew of officers conducted its first-ever bar surveillance operation on Feb. 10 but didn't go public with the program until the second go-round this past Saturday. In the first one, six people were cited on DUI charges after undercover officers were inside El Molino Rojo and El Dorado nightclubs.

Police will target bars in areas that have the most DUI collisions.

"There may be people who are offended by officers conducting surveillance in bars," Van Wyhe said, "but the harsh reality of it is that people continue to drink and drive, and we're going to take whatever measures necessary to stop this senseless crime and save lives."

Shoudl something like this happen to you, you need to contact our office right away at 916-505.4434.

Source: http://www.officer.com/

There are significant differences between a misdemeanor and a felony offense arrest. Consequences for felony convictions are much harsher than punishments for misdemeanors.

In general, misdemeanors are punishable by a fine and/or incarceration for less than a year in county jail - although there are exceptions to this rule. Misdemeanor infractions such as traffic violations usually have pre-set penalties.

Whereas, felony convictions normally have much more substantial punishments. Certain felony charges may stipulate much higher fines and sentence time vs. if it was classified as a misdemeanor, and felonies may carry a sentence of more than a year which would put you in prison vs. county jail.

Most people think they are always provided with the right to have a court appointed attorney if they face charges. This is not necessarily the case. Such as if charged with a misdemeanor and there is no chance of jail time, then in some counties will not provide a court appointed attorney. However in felony cases, if you are not able to afford to hire a private attorney, the courts will appoint an attorney for you since the stakes are so much higher.

Being convicted of a felony has far more ramifications and lasting consequences than just prison. Once convicted of a felony you lose your right to vote, cannot serve on a jury and cannot work in certain professions.

Most court systems base the "three strikes" law on whether a defendant has had prior felony convictions. If a defendant has been convicted twice of a felony offense, one more felony conviction could subject him or her to life in prison.

A person may be charged with a felony DUI if he or she has had prior DUI convictions within a specified time period. Some areas take the person's blood alcohol content (BAC) into account when determine the degree of felony charge.

A DUI felony conviction will lead to time in prison and large fines. As well as the losing your driving priviledges. If you have recently been arrested for driving under the influence and believe you are facing the possibility of felony charges, you should contact our office immediately @ 916-585-4434.

It is important to contact the DMV driver safety office in Sacramento at (916) 657-0214 within 10 days of your DUI arrest. When calling you need to demand an administrative hearing, regarding your driver's license. You must also request a stay of the suspension pending the hearing. If you do not contact the DMV within 10 days of your DUI arrest, you will lose your right to a hearing and your license will get suspended automatically at the expiration of 30 days. Going to or calling your local DMV office is not enough and will not prevent the DMV from suspending your license. The DMV hearing process can be complicated. The hearing officer acts as both the deciding judge and the prosecutor, or opposing party. You need an experienced DUI attorney who knows how to best defend you not only in criminal court but also at your DMV hearing to prevent, if possible, the DMV from taking away your license.

In the criminal case, the District Attorney will work hard to obtain a conviction against you. You need an attorney who knows the system and will help you to navigate each step.

Continue reading "DUI arrests - What can happen and what you need to do to protect yourself" »

White collar crimes in Sacramento are considered to be non-violent and intended to reap monetary benefits.

These can vary and range from identity theft to embezzlement to Medicare and Medi-Cal fraud and computer crimes. All are intended to make money, but don't use violence or intimidation, such as robbery, to accomplish the goal.

The consequence of being charged with these types of crimes is that not only do they come with lengthy prison terms if a person is convicted, but they also can lead to restitution. Restitution is when a judge orders a certain amount of money to be paid back to the victims after a defendant has been convicted.

Sacramento criminal defense lawyers have seen many situations where a person is convicted for a while collar crime, sent to prison and then ordered to pay back restitution upon their release. What judges and prosecutors don't take into consideration is that after not working for months or years and still having outside bills, such as a mortgage, a family's cost of living expenses and others, they will come out of prison with little money.

And with a conviction, they have less of a chance of finding work, especially in this difficult economy, where jobs are scarce. With the nation's economy struggling, some people have turned to scams and schemes that are designed to help them profit. One major area of that is in mortgage fraud.

As The Sacramento Bee recently reported, three men from Elk Grove pleaded guilty in connection with a mortgage fraud scheme. Prosecutors alleged they changed their names to Muslim-sounding names in order to obtain new credit and conceal their poor credit histories.

Homes were purchased with these new identities and after the houses fell into foreclosure, they would legally change their names again. They admitted during a plea hearing that they changed their names and lied about their income levels and employment histories on loan applications.

Another prevalent white collar crime that has emerged in recent years has been the "pill mill." In these cases, doctors, pharmacists and other heath care professionals have been under the close eye of law enforcement.

In most situations where these crimes have been committed, doctors are over-writing prescriptions to people who are filling the prescriptions and illegally selling the pills to people who don't have prescriptions. As part of the scheme, doctors and pharmacists are getting a cut of the profit. Many times, Medicare or Medi-Cal is being billed for the prescriptions, which constitutes fraud on those programs as well.

In any of these white collar crimes, there are defenses. When a large-scale scheme is alleged, there are typically many people arrested. And many times, not everyone knows each other. Less-involved participants may have just been taking orders from bosses and had no idea there was an illegal scheme going on. Doctors may not have known that the patients were fake and scheming to sell the drugs. In mortgage fraud cases, title companies and loan servicers may not have been aware of a scheme run by a real estate professional.

The prosecution has a heavy burden of proving each person arrested participated in the scheme. And proving the amount that was lost is also a challenge. A Sacramento criminal defense lawyer will work to compile all evidence disputing the charges in order to ensure the defendant has a fair trial.

Continue reading "White Collar Crimes in Sacramento Can Result in Prison Time, Restitution" »

The state's budget director was arrested recently and charged with suspicion of driving under the influence after police allegedly spotted her swerving while driving near the Capitol, The Sacramento Bee reports.

Charges of DUI in Sacramento not only carry criminal penalties, but also public embarrassment. In cases where a public official or celebrity is involved, the media can report extensively on it for months or years.

Our dedicated Sacramento DUI defense lawyers are prepared to help any defendant who gets caught up in such a charge. While DUIs are on a sharp decline nationwide, law enforcement and lobbying groups are still treating DUI issues like an epidemic. Police departments hold frequent DUI checkpoints, and they run television, print and online advertising campaigns.

DUI is one of the most frequently cited charges filed by police. A person charged with driving under the influence may not realize they are committing a crime if their blood-alcohol level is 0.08 or above. People can be legally intoxicated with a blood-alcohol level of 0.08 but not feel the effects like a person who has a blood-alcohol level of 0.04 based on weight, consumption and time factors.

The Sacramento Bee story shows that a one-time mistake can lead to a lot of frustration. California Finance Director Ana Matosantos, 36, was arrested and charged with suspicion of DUI, a misdemeanor charge.

Police spotted her car driving near the Capitol and saw the vehicle swerving. Officers also saw that her registration had expired. After making the stop, police conducted field sobriety tests and a breath test. Police refused to release the breath test results, the newspaper is reporting.

Matosantos offered her resignation, but it was declined and she is still working for Governor Jerry Brown. She is the first finance director in state history to be appointed by two governors of different political parties and she is thought to be the youngest.

While Matosantos gave a statement saying she had a lapse in judgment and took full responsibility for the incident, her employer decided to forgive her and keep her employed. Many other drivers aren't so lucky.

There are plenty of companies that will fire a worker simply for an arrest, which is no proof that a crime has been committed. Yet, this is commonplace in America. While a defendant looks forward to the fact that our criminal justice system is based on the notion of innocent until proven guilty, many employers don't see eye-to-eye with that idea.

They sometimes adhere to a zero-tolerance policy where an arrest means an automatic loss of job. In our difficult economy, this can be devastating. While an acquittal may not get a person's job back if they are fired, it certainly can't hurt. And for companies that will consider a probationary period until the case is resolved, fighting it aggressively is mandatory.

Even in cases where a person isn't employed, a DUI conviction can be expensive, so it must be aggressively fought. And picking up a criminal record after a conviction can make life in the future more frustrating also. Consult with a DUI attorney in Sacramento if you should ever find yourself in such a predicament.

Continue reading "California Budget Director Charged With DUI in Sacramento" »

A San Francisco woman was arrested and charged with suspicion of DUI after striking and injuring a pedestrian in the Richmond District, KTVU reports.

The accident comes as the Centers for Disease Control is reporting that drunken driving incidents have fallen 30 percent in the last five years. In 2010, they fell to the lowest mark in nearly 20 years, CBS News reports.

Charges of vehicular manslaughter in San Francisco and throughout California are serious and can lead to a prison sentence. If someone is convicted of vehicular manslaughter while intoxicated and they have a prior DUI conviction, that person can be charged with murder, since they presumably know the dangers of drunken driving.

This is a charge that is serious in its own right, but can be escalated to a major charge in short order. That's why hiring an experienced and dedicated San Francisco criminal defense lawyer to defend your rights and fight by your side is critical.

Any DUI charge is serious because it can lead to a huge hit to a person's reputation and hurt their chances of advancing in their career field or even finding a job if they are unemployed.

In this case, a 40-year-old woman was crossing Fulton Street at 20th Avenue in a crosswalk around 10 p.m. one Saturday when she was hit by a silver Volkswagen. The woman was taken to the hospital with a life-threatening skull fracture.

The 36-year-old driver, police said, stopped at the scene but was later arrested on suspicion of driving under the influence. While the woman only faces charges of suspicion of DUI at this point, the charges could be increased at any time. If the pedestrian's condition worsens or if she dies, she could face DUI-related vehicular manslaughter charges.

Her arrest comes as national numbers were recently released about the number of drivers drinking and driving on our roads. According to a new federal report, DUI incidents have fallen 30 percent in the last five years and are the lowest they've been in the last two decades.

Some predict that the poor economy has given people less money to spend on alcohol, while others believe people are staying home and drinking on the cheap rather than going to night clubs, restaurants and bars.

A 2010 telephone survey of 210,000 adults in the United States found that 1 in 50 said they have driven while intoxicated at least once in the previous month. That means about 4 million Americans drove while intoxicated in 2010. About 60 percent said they drove drunk just once, but some said they do it on a daily basis.

The responses equate to 112 million episodes of drunken driving in 2010, or 300,000 per day. That's still lower than in 2006, when 161 million incidents were estimated. The number of people killed in DUI accidents dropped from 11,711 in 2008 to 10,839 in 2009.

Continue reading "DUI Charges in San Francisco Levied After Pedestrian Accident" »

Famous anti-war mom Cindy Sheehan was arrested in Sacramento recently along with 18 other demonstrators at Cesar Chavez Park, The Sacramento Bee reports.

The 53-year-old was arrested on a charge of unlawful assembly in the park and failing to follow police orders to disperse. Occupy Sacramento is a planned protest in conjunction with the Occupy Wall Street and now nationwide and worldwide protests based on capitalism and greed that have led to financial problems across the globe.

Unlawful assembly charges in Sacramento or other misdemeanor charges are often defended by the suspects themselves, who have no experience in the law. Sometimes, judges will attempt to work with the suspect, by explaining the charges and some points about the criminal justice system. But not always.

While misdemeanor charges typically result in fines and fees or possible probation, it is possible that a jail term could be imposed, depending on the circumstances. These charges can show up on background checks and can lead to future problems, including loss of a job or disqualification from getting a job or problems with college or scholarship applications.

In some cases, police can charge someone with a misdemeanor only to see prosecutors review the case and change the charges to a felony. This would significantly enhance the possible penalties and certainly require the skills of an experienced Sacramento criminal defense lawyer.

Even in situations where felony charges aren't filed, an attorney can work to get the charges dropped or penalties lessened from possible jail time to probation or simply community service.

According to California Penal Code 407, unlawful assembly simply means when two or more people assemble to conduct an unlawful event, whether violent or if they have been warned to disperse.

According to The Sacramento Bee, the 53-year-old Sheehan was among more than a dozen supporters arrested recently. Since the protests started in early October, 58 people have been arrested at 9th and I streets across from City Hall.

Among those arrested were a person conducting a hunger strike, a person in a wheelchair and others who were protesting peacefully. Unless a person has an extensive criminal history or is a flight risk, most protesters who were arrested likely were released from custody and told to appear in court in a few days.

While it all seems like a minor situation, anyone accused of a crime faces a serious situation. Even if the alleged charge is only a misdemeanor, it is a mark on a person's criminal history record that may never go away.

In the moment, a protester might not think about the repercussions, but if their political leanings change, they want to consider a different career path or have a different outlook on life after many years go by,convictions could prove haunting.

Given the abundance of information on the Internet and the ability for people to access records and police mug shots, a person's face and information could be memorialized on the web forever. But fighting the charge, whatever it is, can preserve one's future and ensure a one-time blemish doesn't lead to a lifetime of problems.

Continue reading "Occupy Sacramento Leads to 19 Arrests, Including Cindy Sheehan" »

A 29-year-old man was shot and killed recently when he attempted to steal marijuana plants from the backyard of a North Sacramento house, The Sacramento Bee reports.

Detectives are investigating whether to file murder charges in Sacramento against the alleged shooter.

This case is eerily similar to a situation last fall in Fresno, where a 40-year-old man was killed when he tried to steal plants from a medical-marijuana garden. The 41-year-old shooter was tried, convicted and sentenced to 28 years in prison, The Fresno Bee reported at the time.

Most states have a "castle doctrine" or "stand your ground" law that allows homeowners or others who are threatened to use deadly force. But in cases where a theft is alleged, that defense may not be possible. Forms of self-defense may apply in murder cases, but only an experienced Sacramento criminal defense lawyer can sift through the facts and provide a strategy that will bring out the truth.

According to the newspaper, the 29-year-old was killed after two residents saw him attempting to steal plants from a home on Morey Avenue. When officers arrived, they found the man dead of a gunshot wound. Police said he also had blunt trauma injuries to his upper body.

The two residents were awakened by a noise in the backyard. One of the men confronted him after seeing the man trying to steal plants. Police say they are investigating the case as a homicide, and that the alleged thief was unarmed. Detectives are trying to determine whether the residents acted in self-defense or were in fear of their safety when they spotted the man in their backyard.

This will be a difficult case for police to handle because without witnesses other than the alleged shooters, they may not be able to tell if self-defense was a factor or not. Even if the man was unarmed, being awaken in the middle of the night by someone trying to steal from you can be frightening. And if the homeowner doesn't know whether the person is armed or not, how can police say they weren't in fear?

In the aforementioned Fresno case, the facts of the case did him in. While he claimed he was acting in self-defense, evidence showed the victim was fleeing the property after the man came out of his house with a shotgun. The victim in that case was killed while in a pickup truck.

While many in California have fought for years to make and keep marijuana use for legal, medical purposes a reality, there have been many issues. Among them, legal pot-plant growers who have been victimized by people trying to steal their plants to potentially sell the weed on the black market.

But those who attempted to defend their plants through the use of guns may not always be able to use self-defense in an attempt to avoid a murder or manslaughter conviction in California. It may be possible, but it depends on the facts. Consult with an experienced Sacramento criminal defense lawyer, a former prosecutor, who knows how the laws work in order to make them work for you.

Continue reading "Pot Thief Fatally Shot in Sacramento; Alleged Shooter Could Face Murder Charge" »

The Sacramento Bee reports that a man was recently arrested after allegedly running his car into a power pole that knocked out power to residents in portions of Woodland.

Picking up a DUI charge in Sacramento can be a harrowing experience. Most people who face this charge have never been thrown into the criminal justice system and don't know where to turn.

Hiring an experienced Sacramento DUI defense attorney should be the first point of order. Defendants have rights and many may not know all the specifics. But an attorney does. We can help you defend your rights and seek justice in your case.

This defendant, a 69-year-old man, is accused of driving a vehicle under the influence and driving into a power pole at County Road 98 and W. Beamer Street around 1:15 a.m. A 29-year-old passenger was injured in the crash, police said.

The newspaper reports that the roads were closed for seven hours while power crews dealt with the live wires, restoring power to the nearby residents. The article doesn't provide details about why police found him to be under the influence of drugs or alcohol.

Because it is a traffic accident, there are fewer details that can be challenged as opposed to a traffic stop by a law enforcement officer. In traffic stop situations, typically there must be proof that another traffic violation had taken place before the officer can lawfully pull over the vehicle. Some common violations in DUI cases:

• Swerving in and out of lanes


• Stopping and starting


• Running a stop sign or red light


• Not using a turn signal


• Speeding

Once an officer makes the stop, the defense's case doesn't stop there, however. Every action the officer takes must be looked at closely to determine if the defendant's rights were upheld at every stage of the investigation.

Law enforcement personnel get hours of training on how to properly conduct a DUI investigation. It's not as if this is new to even the rookie officer. So, they have few built-in excuses if they don't follow protocol when determining whether a driver is under the influence.

This includes not properly informing the driver of his or her rights, not explaining the consequences and benefits of refusing to participate in field sobriety or breath testing, and even poorly conducting these tests. Not being properly trained or purposely confusing a driver while giving these tests is also something to consider.

Weather conditions, eyewitness accounts, dashboard-mounted camera video surveillance and other factors must be explored by an experienced Sacramento DUI defense lawyer. The goal is to make sure the client gets a fair shot at defending the charges against him or her.

This is an intimidating process, but it doesn't mean it's a slam dunk for the state. Many DUI cases get overturned when the police, prosecutors or judges make procedural errors, or the state simply gets its facts wrong. The process is there for a reason -- to ensure the defendant's rights are upheld to get a fair trial.

Continue reading "Sacramento Man Charged With DUI, Causes Power Outage" »

The Sacramento Bee is reporting that a Craigslist ad led to a burglary arrest in a vacant Roseville home.

Burglary charges in Sacramento vary depending on many circumstances specific to each case. According to California Penal Code 458, burglary is entering a house or other structure with the specific intent to commit larceny or another felony.

That means the state must prove that a person or persons broke into a dwelling and it was their intent to steal from the homeowner, business owner or whoever owns the property. But they must show intent and that's first-degree burglary. Second-degree burglary is any other kind of burglary. And the stakes are high -- a defendant faces two, four or six years in prison for first-degree burglary and possibly a year in prison for second-degree burglary in Sacramento.

What sometimes happens in these situations is if officers find one person they believe committed a burglary, they then look at other area burglaries to try to determine if there are similar patterns in order to clear the glut of open burglary cases that are on the books. That can lead to a person facing multiple, and sometimes dozens, of burglary charges. Whether a person faces one charge of burglary or several charges of burglary, they must be well represented. Consulting with an experienced Sacramento Burglary Defense Lawyer should be the first step for a defendant facing these serious charges.

In this case, a Sacramento man has been arrested after police allege he broke into a vacant home that was listed for sale on the popular website Craigslist. The alleged victim told police a water heater was taken from the home.

The alleged burglary happened in Roseville, where police say a house that was unoccupied had a new, tankless water heater, still in its box stolen from the garage, along with tools the contractor was using.

The contractor, who had been in charge of remodeling the house, searched the same Craigslist site for the stolen property and found one that was listed for sale that matched the item stolen from the garage.

He contacted police and then contacted the person who put the water heater for sale on the website in order to meet to buy it. Officers met the seller, confirmed the water heater was the one stolen and arrested a 37-year-old man.

The police department reports there were burglary tools and a list of area homes for sale inside the man's truck. He is charged with suspicion of burglary, possession of stolen property and possession of burglar's tools.

What must be considered in this case is the connection between the house and the man who was trying to sell the water heater. If there are no witnesses who can 100 percent identify the man as the one who broke into the garage, the case may be tough for prosecutors.

For one, if there's no nexus -- or link -- between the burglarized house and the man it may be tough to prove he was the one who broke into the garage. Maybe he was shopping for a water heater and bought one that he didn't know was stolen. With Internet access on people's phones, a purchase could have been made very easily. It's also unclear from the news report how police connected the stolen water heater to the house.

There are possible explanations to the list of vacant homes in the area, as well. Simply suspecting a person was involved in a crime isn't the same as proving they were.

Continue reading "Craigslist Ad Leads to Sacramento Burglary Charge" »

Increased enforcement efforts will target motorists through the upcoming Labor Day weekend, with drunk driving charges in Sacramento being at the top of law enforcement's agenda.

The Sacramento Bee reports authorities will be out in force for the "Drive Sober or Get Pulled Over" campaign, which runs from Aug. 19 to Sept. 5.

The National Highway Traffic Safety Administration reports 29 people are killed by a drunk driver every day; between midnight and 3 a.m., someone is injured by a drunk driver every 23 minutes.

But the truth of the matter is that the number of drunk driving deaths on our roads has been in decline for decades -- down by 41 percent in California since 1988. Still, the California Department of Alcohol & Drug Programs reports nearly 215,000 people were charged with drunk driving in California in 2008.

That's almost 600 motorists a day.

Job loss, driver's license suspensions, jail time, fines, court costs and skyrocketing insurance premiums are just a few of the common costs of a drunk driving conviction. And a conviction leaves you more vulnerable for tougher sanctions for repeat violations. Statewide, nearly 1 in 5 DUI cases involve a repeat offender. Having a drunk driving conviction on your driving record is a real good way to be stopped, questioned and charged again.

A Sacramento DUI defense lawyer can help. A reduction or dismissal of the charges is often possible -- particularly for first time offenders. And an immediate appeal of your driver's license suspension must be requested via an administrative hearing through the department of motor vehicles.

Increased enforcement periods, such as those around Labor Day weekend, are problematic for a number of reasons:

-Law enforcement often activates reserve units, volunteers, desk personnel and other officers who may not have the proper training and experience to conduct a DUI arrest.

-Law enforcement roadblocks or sobriety checkpoints can violate a motorist's rights on a number of fronts -- these charges should always be handled by an experienced attorney.

-Emphasis on drunk driving enforcement can lead to marginal or unfair arrests.

There are many ways to challenge a DUI charge in San Francisco or Sacramento:

-Probable Cause: Police must have reason to stop your vehicle. They must also have reason to ask that you perform field sobriety tests or submit to a breathalyzer examination.

-Field Sobriety Tests: Motorists are under no obligation to take these tests. They result in nothing more than an officer's opinion about your level of sobriety. There are only three standardized tests and a right way and a wrong way to administer them.

-Breathalyzer Examinations: These results continue to be challenged by defense lawyers and thrown out of cases across California.

An arrest for DUI is not a conviction. An experienced lawyer can help. Having a drunk driving conviction on your record can impact your life for years to come. And the tiered nature of California's drunk driving laws makes it vital to fight the charges.

Continue reading "Labor Day Weekend increases risk of DUI Charges in Sacramento, San Francisco " »

Two men are facing gang charges in Lodi after a police pursuit that began after a woman reported being followed by possible masked gang members.

Traffic charges in Sacramento can lead to very serious criminal penalties when a police chase is involved. And gang enhancements can increase the penalties for many types of crime. An experienced Sacramento criminal defense attorney can often fight to have some of the charges reduced or dismissed when an alleged chase is involved. Authorities like nothing more than to pile on charges in these cases. What you are charged with is irrelevant; it's what you are convicted of that counts.

It can be particularly critical to fight gang charges. The law includes many ways that authorities can seek to associate you with a gang -- wearing the wrong colors or being friends with the wrong person can be enough. Once so associated, you may be subjected to more serious consequences in the event of an arrest.

In this case two men, ages 20 and 23, were jailed and are facing charges of being gang members, felons in possession of a firearm, evading police and resisting arrest.

The woman reported being followed about 8:30 p.m. and police attempted to stop a vehicle they believe was involved in the incident. The attempted stop occurred near Sacramento Street and Turner Road. Police say the car took off, nearly striking one of the officers.

It's unclear why police thought the vehicle was involved. Certainly an experienced defense attorney should argue police lacked probable cause to make the stop. Police may have lacked probable cause for stopping a vehicle that may or may not have been involved in an incident in which a woman reports she may or may not have been followed. If police lacked probable cause to make the stop, the resulting charges could be dismissed.

In other words, the defendants may be guilty of nothing more than driving behind another car in traffic.

Instead, police instigated a chase that reached speeds of 60 mph for about one mile, according to the report. Again, a defense lawyer should take a look at the speed limit on that particular stretch of road. What police characterize as a chase, could be nothing more than a delayed stop. Officers also frequently claim they were nearly struck by a vehicle -- or a defendant is charged with assault using a dangerous weapon.

Either must be proven. The reality is law enforcement officers are nearly struck just about any time a traffic stop is made on a busy street.

Fox40 News reports another police chase ended when a female officer crashed her patrol cruiser into a parked car.

Police were responding to a reported robbery and fight in Del Paso Park. Other officers chased the teen on foot. But the patrol car swerved to miss a pedestrian and slammed into a parked car. The teen suspect was arrested.

In such cases, it's not unusual for a suspect to be charged with assault. Whether the injured is an accomplice, bystander or victim, the law permits a defendant to be charged as if he or she committed the crime. Again, consulting an experienced juvenile defense lawyer in Sacramento is the best bet for protecting your rights.

Continue reading "Chases in Sacramento Often Lead to Serious Criminal Charges" »

As northern California drivers, most of us have had the unfortunate run-in with a friendly or not so friendly police officer who issued us a ticket to appear in court for a traffic violation. In most counties including Sacramento, Alameda and San Francisco the court permitted us to pay the inexplicably high fine through mail. For an additional amount you could even go to traffic school and have your case dismissed upon completion. Most of the time traffic school would make the court conviction virtually disappear, dismissing the case. Even though the wallet was a bit lighter most of us were glad to have the chance to go to traffic school and get the case dismissed. No one would have to find out about our conviction, not the DMV and not our car insurance company.

Under the current law, courts allow motorists cited with certain moving violations to attend traffic school as part of their sentence or offer outright dismissals upon completion of the traffic school. The legislature noticed that often times people would take advantage of this traffic school "loophole" and attend traffic school more than once every eighteen months as allowed by the law. The problem was that since the violation would be completely dismissed upon completion of traffic school other courts would have no way to know the reason behind the dismissal.

A new law, AB 2499, will take effect on July 1, 2011 and it will bring changes to the traffic school system. The main change is that upon completion of traffic school, a driver's DMV record will still show a conviction instead of a dismissal. It does provide however that upon completion of traffic school no points will be counted against the driver's record. The new law also removes any confidentiality of the conviction if the person holds a commercial driver's license, the violation occurred in a commercial vehicle, or the conviction places more than one point on the driver's record.

Under the new law drivers who receive a citation for a moving violation that carries one point can still attend traffic school in order to prevent the insurance companies from finding out about the violation. Since most insurance companies do conduct a periodic DMV record check for the people they insure, it is difficult to imagine how DMV will keep the conviction information away from the curious eyes of the insurance companies. After July 1, 2011 if you believe that your insurance company raised your rates based on a conviction for which you completed traffic school, it is advisable that you contact a traffic attorney.

The new law AB 2499 not only changes the entity in charge of keeping track of traffic school attendance but also tightens up the requirements for traffic school administrators.

Continue reading "Sacramento and Bay Area Traffic Attorneys: Traffic School No Longer Dismisses Your Ticket" »