What are the most common reasons for traffic stops leading to DUI?
What are the most common reasons for traffic stops leading to DUI?
While there are almost an unlimited number of reasons an officer may use as a basis for conducting a vehicle stop, there are a few regularly recurring reasons for enforcement stops that result in DUI charges. One of the most common reasons for a traffic stops is allegations of “weaving within the lane.” Weaving within the lane—Courts have found that weaving within the lane provides an officer with reasonable cause…
Read MoreWhat does “articulable and reasonable suspicion” mean?
The key question in determining whether a law enforcement vehicle stop was unconstitutional is whether or not the officer had an “articulable and reasonable suspicion” of unlawful activity. The officer need not have probable cause to stop a motorist. The probable cause standard is the standard used to determine the propriety of an arrest—not a detention. The articulable and reasonable suspicion standard is an admittedly vague guidepost for evaluating the…
Read MoreDoes a police officer need “reasonable suspicion” to stop my car?
A police officer needs reasonable suspicion of unlawful conduct to stop a motorist. The types of driving transgressions that result in an officer’s reasonable suspicion of a DUI violation vary greatly. There are several reasons for this variation: reasonable minds can disagree on the question of what is reasonable suspicion; the facts differ in every case; and states have different statutes making up what constitute traffic violations. The first question…
Read MoreI was arrested for a DUI and I blew a .08. Is it possible to have the DUI charge reduced to a lesser charge? CVC 23152a
YES, when our experienced DUI defense firm is retained to help our clients who were arrested for a DUI, it is our goal to have the DUI charge reduced to a lesser charge. There are 3 common “plea bargains” that can occur in a DUI case. A "wet reckless” is a lesser charge than a DUI. The fine is less, and it is better than a DUI, but it still…
Read MoreMy girlfriend called the police a week ago and told them that 2 years ago when she was 17 and I was 23 that I had sex with her? We broke up two weeks ago and she is trying to get back at me? Can I still be prosecuted after two years?
The answer is YES. There is a three year statute of limitations for having sexual intercourse with someone under age 18. (Penal Code Section 261.5) This means that you can be arrested and prosecuted for up to three years from the last date of sexual intercourse if your girlfriend was under age 18 at the time. However, in reality since she waited this long there is a good chance that…
Read MoreThe judge sentenced me to 90 days in jail for my second petty theft conviction (PC 484). Is there any way that I can hire a lawyer who can help me convince the judge to let me do something other than time in jail?
YES. In a high percentage of our misdemeanor cases our clients are allowed to do something “other” than time in county jail. Everyone of our criminal defense lawyers knows “their courts” extremely well and knows what is available as alternatives to jail time in that court. In many courts you can receive “community work service” instead of jail time. In other courts you can be ordered to do “home confinement”…
Read MoreWhat are the potential penalties if I am found guilty of Health and Safety Code 11550 for being under the influence of a controlled substance?
If you are found guilty of this offense you are facing a maximum of one year in county jail. However, what makes this a very serious offense is the law requires that you must do a minimum of 90 days in jail for your first offense. This means you need to retain an expert criminal defense law firm such as Wallin and Klarich to do all they can to avoid…
Read MoreWhen I am stopped for a DUI and the officer asks me to blow into the handheld machine at the scene should I do so? Am I required by law to do so?
You are not required by law to submit to the breathalyzer test that the officer offers you at the scene. We almost always suggest that our clients refuse to submit to the test at the scene. There is no legal penalty for refusing to do so and if in fact you are at .08 or above then they will not have that evidence to use against you. On the other…
Read MoreI posted bail with a bondsman when I was arrested and he let me make payments. I lost my job and cant pay the bondsman? Does that mean I will go back to jail?
The answer is probably yes. The bail bondsman entered into an agreement with you to bail you out of jail. If you violate that agreement, which includes making payments to him in a timely manner on the premium you owe him, he can advise the court that he feels you are not a good “risk” and can arrest you and place you back in custody. I would strongly suggest you…
Read MoreI passed a lie detector (polygraph) test? Can the results be admitted at my criminal trial?
The answer is NO. Under California law the results of a polygraph test are not admissible unless both the prosecution and defense agree that the results are admissible. If you passed a lie detector test the odds are that the prosecutor will never agree to let the jurors hear about it. Learn more about California Criminal Process on our website.
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