Can I Transfer My DUI Classes From California To Another State?
Can I Transfer My DUI Classes From California To Another State?
If you are ordered by a court in California to take DUI classes then most courts would allow you to take comparable DUI classes in another state. First, you must add your case onto the calendar in the court where your case was heard to get permission from the Judge to take the classes in the other state and the Judge must also approve the classes you intend to take.…
Read MoreWhat are the consequences for driving on a suspended license?
California Vehicle Code section 14601.2 (a) punishes you for driving if you knew your license was revoked or suspended because of a DUI conviction. This is the most serious of the Vehicle Code 14601 violations and carries a minimum 10-day county jail sentence for a first offense and a minimum 30-day county jail sentence for a second offense. In addition, you may be required to install an ignition interlock device…
Read MoreA friend was charged with robbery when he broke into a home he thought was empty. A resident woke up and fired a shot at him. Is this robbery or burglary?
The answer depends on the reaction to the crime by the resident of the home and whether any of that person’s property was actually taken by your friend. California burglary law, under Penal Code 459, requires that your intended to commit a petty theft, grand theft, or other felony once inside. It isn't necessary for the prosecutor to prove that your friend actually committed the intended crime, only that he…
Read MoreWhat is the difference between larceny and embezzlement?
The major difference between larceny and embezzlement is the way in which the property changes hands. With larceny, the property is carried away; it was never in the possession of the perpetrator, the perpetrator never owned it nor had any legal right to possess it. With embezzlement, however, the perpetrator has lawfully possessed the property, but then has converted it into his/her own property. A good example is when a…
Read MoreI was arrested for carrying a concealed firearm in California. What are my potential defenses?
Prosecution for carrying a concealed firearm in California is serious and can result in misdemeanor or felony charges depending on the situation. Common defenses include: the fact that you had a valid concealed weapons permit(CCW); that the firearm was in open view in compliance with California’s “open carry” laws; that the firearm in your vehicle was unloaded and in the trunk or a locked container in compliance with the law;…
Read MoreWhat is the consequence for driving on a suspended license when the suspension was due to a DUI conviction?
California Vehicle Code 14601 and its related sections prohibit driving when you know that your driver’s license has been suspended or revoked. California Vehicle Code 14601 offenses are misdemeanor crimes, subjecting you to county jail time and substantial fines. Before you can be convicted of any of these charges, prosecutors must prove that you were driving with the knowledge that you weren’t permitted to do so.
Read MoreCan A DUI Stop Can Be Based Solely On a Vehicle Code or Equipment Violation?
Yes. One of the most frequent causes of drunk driving arrests is being pulled over for something as trivial and an vehicle equipment violation. Some commonly cited equipment violations frequently used to justify a stop and subsequent DUI investigation include: defective headlight, taillight, brake light, absence of license plate, etc. To prevent a possible DUI investigation, do your best to make sure your vehicle is free from easily apparent equipment…
Read MoreWhat is the difference between corporal injury on spouse-Penal Code Section 273.5 and domestic battery-Penal Code Section 243(e)(1)?
Penal Code 243 (e) (1) -simple domestic battery is the least serious offense compared to infliction of corporal injury on spouse-PC 273.5. The prosecution can seek this offense even if you don’t injure your spouse. This is charged as a misdemeanor offense by the prosecution. Penal Code 273.5 Intentional Infliction of Corporal Injury spouse: This offense can be filed either as a misdemeanor or as a felony. This offense is…
Read MoreWhat is considered a “drug” for purposes of Orange County California DUI Drug laws?
The term “drug” means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions. (See California Vehicle Code…
Read MoreWhat level of “impairment” is required for a Drug-based Drunk Driving conviction in Orange County?
In the context of DUI Drugs under California Vehicle Code 23152(a), the prosecution must prove "impairment" based upon drugs. It is very difficult for the prosecution to meet its burden of proving impairment beyond a reasonable doubt. This is especially true when the charges are based solely upon alleged drug use, with no evidence that alcohol was involved. For a conviction based in whole or in part on drug use,…
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