Can I Be Charged With A DUI For Being Under The Influence Of Prescription Medication? (California Vehicle Code 23152(a))
Prosecutors often charge a person with driving under the influence of drugs pursuant to California Vehicle Code Section 23152(a). If you are accused of this crime it is critical you immediately retain an experienced DUI defense firm to represent you. This is because prosecutors often have a difficult time convicting a person of driving under the influence of prescription medication or illegal drugs since there is no precise “level” that…
Read MoreWill My DUI Case Be Dismissed If I Was Not Read My Miranda Rights? (California Vehicle Code 23152)
In general, DUI and traffic stops based on reasonable suspicion do not require the reading of Miranda warnings because the suspect is not considered to be "in custody" for the purposes of Miranda. However, before law enforcement questions you during a custodial interrogation, he or she must read you your Miranda rights. If you are not given Miranda warning, it is likely any statements made to the police will be…
Read MoreAre My Field Sobriety Test Results Invalid If They Were Conducted On A Hill?
An officer must explain and conduct field sobriety tests with strict compliance as to the location of the field sobriety tests, the instructions given and the performance evaluation. For field sobriety tests to be valid and admissible there are certain requirements that an officer must follow. For example, if the area where the field sobriety tests were administered was not on a level surface, the results may not accurately measure…
Read MoreCan I Be Arrested Or Convicted Of DUI Even If No Officer Saw Me Driving? (CVC 23152(A)
Yes. Even without an officer's direct observation of driving, an arrest for DUI may be lawful depending on the surrounding facts and circumstances. If there is sufficient circumstantial evidence that you had been operating a motor vehicle, an arrest and conviction may be justified. An example of circumstantial evidence is eye-witness testimony as to your driving. Further examples of circumstantial evidence include: (1) Location of the vehicle; (2) Position of…
Read MoreWhat are the consequences of violation of probation for a DUI in California?
When convicted of a misdemeanor DUI in California (California Vehicle Code 23152), you will most likely be placed on "informal probation." for a specified period of time. It is essential to comply with each and every term of probation. Misdemeanor probation terms may are usually included on your "probation order" or "minute order" which is given by the court at the time of the conviction. Terms of probation may include:…
Read MoreI got a DUI in Los Angeles. How can a Los Angeles DUI lawyer at Wallin & Klarich prove that I was not legally stopped by the police officer. (CVC 23152)
The first and arguably the most critical element in every DUI case is whether an officer had probable cause to pull you over and ask you to perform field sobriety tests. Every Los Angeles Wallin & Klarich lawyer is highly trained in the law that applies to probable cause for detention and arrest. If you took a blood test or breathe test after you were arrested and the result was…
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