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Articles Posted in DUI

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Using criminal process to collect court fees and assessments from indigents is unconstitutional

Defendants who plead or are found guilty of traffic violations and other misdemeanors are typically assessed court fees and fines under Gov. Code, § 70373, Pen. Code, § 1465.8, and Pen. Code, § 1202.4, Unpaid fines usually go to collections without further order of the court. Courts must determine a…

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‘Implied Consent’ and How You Possibly Can Avoid a Suspension of Your California Driver’s License for Failing to Provide an Adequate Breath or Blood Sample

California has something called an “implied consent” law. This means if you are arrested for driving while intoxicated, it is implied that you have consented to a blood or breath test. Your refusal can trigger a suspension of your driver’s license. You may be able to avoid that license suspension,…

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New Bill Effective July 1 Changes the California’s Legal Limit for a DUI Charge for People Operating as Rideshare Drivers

Ridesharing services have been very successful in recent years, and many times these businesses provide a valuable service to the communities they serve. They can also provide a valuable source of income for the drivers with whom the companies contract. As of Jul 1, 2018, the law has changed and…

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San Diego Man Gets Jail Time for DUI Charges that He Dodged for 6+ Years, According to News Report

With all the talk today about “fake news” and the quality of journalistic reporting, some have come to question the value of what they read or hear from news sources. One thing news sources do unquestionably well, though, is highlight cases that serve as “what not to do” warnings for…

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Military Diversion: One Extra Option Available to Some Veterans Charged with DUI in California

If you’ve just been charged with misdemeanor drunk driving, you may think that this type of charge doesn’t really require you to retain legal counsel. After all, it’s just a misdemeanor, so it won’t affect your life that much, right? Furthermore, you might think that you can “get out of…

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When Blood Evidence Collected Without a Warrant Should Be Excluded in a California DUI Trial

The U.S. and California Constitutions protect citizens from unreasonable searches. That protection can be especially important if you have been accused of driving while under the influence of alcohol. If the police have obtained your blood without first getting your informed consent or a valid search warrant, the blood-alcohol content…

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