The Court of Appeal reversed the trial court’s sanctions imposed on a San Francisco Public Defender for failing to provide the prosecution with the name and statements taken from a witness called by the co-defendant’s lawyer. The Public Defender asserted that the trial judge improperly imposed a $950 sanction on…
San Francisco Criminal Lawyer Blog
When Points on Your California License Can Lead to Suspension — And What You Can Do to Avoid That
They are the sights and sounds no driver ever wants to see or hear. They are flashing lights of a law enforcement vehicle pulling you over, or the disheartening thump or crunch of your vehicle colliding with another. While these things may have an immediate impact on you in areas…
No Probable Cause to Search a Car if an Officer Smells Unmoked Marijuana
The San Francisco Superior Court granted a motion to suppress a handgun found in a car that was searched by a Police Officer after he smelled the weaker odor of unburnt marijuana. The car, driven by a husband on a date-night with his wife, was stopped on the Embarcadero for…
New Laws Affecting Motorists
New and changed laws that took effect January 1 will affect drivers in California. The following information was issued by the California Department of Motor Vehicles. Temporary License Plate Program (AB 516, Mullin): Designed to reduce toll evasion Licensed California dealers, of new and used vehicles must attach temporary paper…
Criminal Justice Administrative Fees: San Francisco owes refunds to thousands
On February 6, 2018, San Francisco introduced legislation to eliminate all criminal justice administrative fees and cancel all outstanding debt from these criminal justice fees. The ordinance changed the Administrative Code to abolish fees associated with probation costs, restitution, booking, the Sheriff’s Work Alternative Program, the automated county warrant system,…
The California DMV Has Suspended Your Driver’s License for Lapses of Consciousness–Now What?
Like any governmental agency, the DMV is an imperfect machine and, while those responsible for deciding who drives and who doesn’t may have good intentions, that “imperfect machine ” may still sometimes take away driving privileges from people who shouldn’t be sidelined. When that happens to you due to your…
Lawyers Can Sue DMV to Challenge Fairness of Administrative Per Se Hearings
A lawyers association has standing to sue the Department of Motor Vehicles (DMV) for alleged waste of government funds in conducting unfair administrative hearings. The California Dui Lawyers Association (CDLA) brought a taxpayer action claiming the DMV wasted funds by violating the due process of drivers in DMV’s administrative per…
Removing Barriers to Employment from Criminal Records
Californians with criminal records face obstacles and barriers to employment. For example, Uber has announced more intense screening of its drivers, including background checks every two years and checks on new criminal and DUI charges. But recent laws limit how employers may use an applicant’s criminal history and open licensed…
Felony-Murder For Aiders and Abettors Ended by Senate Bill 1437
Senate Bill 1437 takes effect January 1, 2019 and will limit first-degree felony-murder for any aider-abettor who is not the actual killer. Under this new law, a defendant must be the actual killer, act with intent to kill, or be a major participant in the underlying felony who acted with…
When the California DMV Can Take Your License Based on Your Medical Condition and What You Can Do About It
California law gives the DMV the authority to suspend a driver’s driving privileges for a variety of reasons. One of these reasons involves physical or medical problems. These conditions can range from epilepsy to Alzheimer’s to diabetes to cataracts. If the DMV is considering taking your license due to medical…