Posted on April 27, 2017 in DUI

Medical marijuana has been legal in California for two decades. Last year’s election also brought an approval of recreational cannabis use in California. Unfortunately, there is still a lot of confusion about what it means to drive under the influence of marijuana. Learn more about the laws, and what you can do if you are arrested for driving under the influence of cannabis.

California Still Lacks a Definitive Limit

With alcohol intoxication, the law is straightforward: anyone driving with a blood alcohol content of 0.08 or greater is subject to criminal charges. With cannabis, there is no such limit. Recently, a bill that would impose a 5ng/ml blood level for delta-9-tetrahydrocannabinol (THC) was passed through the Committee on Public Safety. It is now heading to the Committee on Appropriations. Until it passes fully through the system, the law remains confusing and contradictory. There is no limit, and that means one person might be arrested for trace amounts, despite not being intoxicated, but another person might not be.

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 Posted on March 31, 2017 in DUI

If you were recently arrested for an alleged DUI, you might be concerned about what happens next. You may also be wondering what this might mean when it comes to your license. Rest assured: it is possible to fight back against the DUI charges and your California license suspension. Learn more with help from the following information.

What Happens to Your License?

When an officer arrests an individual under the suspicion of drunk driving, they are required to immediately forward a copy of the driver’s license to the California Department of Motor Vehicles (DMV). The license of the driver may be immediately confiscated, and the officer may issue a temporary license and an Order of Suspension. Upon receipt of the Order of Suspension, the driver has up to 10 days to request an administrative hearing with the DMV. However, the driver may continue to drive using their temporary license for up to 30 days. 

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 Posted on January 31, 2017 in DUI

Most people understand that a charge of driving under the influence (DUI) is not limited to drunk driving. Alcohol is just one of many substances that can impair a driver’s judgment and ability to operate a motor vehicle safely. In California, you can be charged with DUI if police suspect that you are impaired by any substance, including illegal drugs and drugs taken as prescribed by a doctor. Getting a conviction, however, requires prosecutors to prove beyond a reasonable doubt that you were driving under the influence which can be much more difficult—especially if the only drug found in your system is caffeine.

DUI Arrest and Charges

In August of 2015, a 36-year-old was pulled over in Fairfield, California, for driving erratically. According to reports, the police officer administered several field sobriety tests and, based on his observations and driver’s attitude, arrested the driver on suspicion of DUI. The man submitted to a blood test following his arrest.

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 Posted on December 27, 2016 in Criminal Defense

A “wet reckless” is the only crime in the Penal Code for which one cannot be arrested. Over an inch and a half thick, the Vehicle Code (not the Penal Code, which metes out punishments for yet other crimes) proscribes everything from no front license plate to vehicular homicide. Yet a “wet reckless” exists only as a tool to plea bargain DUI cases - it is not a crime one can commit unless one agrees to the prosecutor and judge using it to amend a complaint alleging a DUI case.

Specifically, allowing the complaint to be amended from a VC 23152 to a VC 23103 per 23103.5. Vehicle Code section 23103 makes reckless driving unlawful; adding the 23103.5 means it was reckless “with alcohol involved.” The big difference between a 23103 (mere reckless, or “dry reckless”) and a 23103 per 23103.5 (wet reckless) is that a wet reckless can be used against you as a prior should you be arrested and convicted of a DUI in the future. 

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 Posted on November 17, 2016 in Drug Crimes

By John W. Thornton

Marijuana is now legal in California, but subject to a lot of rules. For the ordinary fan of weed, or someone who has loved ones or friends who partake, this is a large step towards keeping them being labeled a criminal for doing something that endangers a bag of Cheetos more than the user, the public, or the neighbor’s dog. 

But what about those folks who have marijuana-related convictions on their records? Well, a lot can be done for many of those folks. Were you caught growing years ago and are considered a felon? Did you sell a bag of bud and get caught? Did you get pulled over in a car with a few pounds and suffered a felony for transportation? One aspect of this new law allows such felons to change those felonies into misdemeanors. One treatise going around summarizes this aspect of the law as follows:

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 Posted on October 11, 2016 in DUI

Driving under the influence if you are incapable of safely operating a moving vehicle is in direct violation of the law. With any DUI conviction potentially comes harsh punishments. However, if you are participating in underage drinking and then also choose to drive a vehicle, the repercussions can be life-altering. At an age when the majority of your life is ahead of you, it is important to understand the charges you may be facing, how they can affect your future, as well as how to protect your rights and freedoms.

The Allegation

If you are underage and driving under the influence, you may be subjected to several charges against you. Not only that, but the people who furnished the alcohol and the owners of the property on which you consumed alcohol may also be charged due to their involvement in your delinquency. The potential charges against you will depend on the circumstances of your case, but may include:

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 Posted on September 15, 2016 in Shoplifting, Robbery & Burglary

Does profiling exist? It would be very difficult to argue that it does not. However, there are various forms of profiling; some are discriminatory while others can be useful tools. When it comes to shoplifter profiling, even to FBI agents will agree that, when appropriately used, profiling can be used to catch and prevent theft. However, if incorrectly practiced for shoplifting prevention, the profiling can be leveraged against a business in a court of law.

Useful Profiling

Without conscious decision, many of us often profile others. The behavior is a tool that is ingrained in us, perhaps as a survival instinct. Typically, profiling is directly linked to the behavior characteristics of others. For instance, if a stranger is in a dark alley hiding behind a dumpster and they pop out and run towards you, the first thought that comes to mind is not often that the approaching stranger wants a hug. An instinctual decision is made that is based on previous behavior, perhaps what they were wearing, and any other factors you can decipher at the time. If this person mugs you, you, in turn, may be leery of other people hiding behind dumpsters in dark alleys in the future, regardless of what their real intent may be.

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 Posted on August 15, 2016 in DUI

Driving while intoxicated is illegal. An officer of the law cannot make an arrest on private property without a warrant. Both of these statements are true in general, but it is within the authority of the law to make an arrest on private property for DUI. However, there are always exceptions to every rule. Circumstances do exist where the legality of an arrest may be questionable.

Drunk Driving Is Illegal Everywhere

A common misconception exists that driving drunk on a road other than a public road is okay. The idea is not entirely without merit. Prior to 1982, the vehicle codes expressed that drunken driving was prohibited on public roads and highways, making no mention of private driveways and property. However, the law was altered to make no specification regarding public or private property. A ruling in 1992 became a defining moment when Ronald Dean Arnold Malvitz was found guilty of DUI even though he was driving on private property. The court determined during this case that driving and operating any vehicle in any location while under the influence of alcohol or drugs was dangerous to society.

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 Posted on July 25, 2016 in DUI

Summer is the favorite season for a large percentage of Americans. With summer comes longer days, time off from school, and a schedule often unlike from the rest of the year. In response to the rise in temperatures, many seek to beat the heat by spending their days relaxing by a body of water. It may be likely that you will find yourself on a boat, lazily floating, soaking up the sunshine, fishing or even playing like you were a teenager again. Amidst the summertime fun, alcohol is frequently involved. It is important to understand how a charge of driving under the influence (DUI) could arise from a day on the water. 

Boating Under the Influence

The act of boating under the influence occurs when an individual consumes enough alcohol to impair their ability to operate his or her boat safely. It is also known as boating DUI, BUI, DUI boating, or drunk boating. Although boating is the name of the charge, the vehicle in question does not necessarily need to be just a boat. This law pertains to any motorized watercraft, including but not limited to:

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 Posted on June 23, 2016 in Shoplifting, Robbery & Burglary

Many people mistakenly use the terms burglary, robbery, and theft interchangeably. In everyday conversation, this is not an issue. Most people understand the terms to mean that someone is accused of taking something from someone else without permission. However, there are vast differences between the terms when it comes to the law. Not only do they mean different things, but they also carry varying penalties. Therefore, when reading the charges filed, it is important to understand what you are being accused of before you can defend yourself against it.

Burglary

Burglary, by definition, is breaking and entering into a dwelling with the intent to commit a felony. This crime occurs without the consent of the victim and involves opening a previously closed area to enter the property. How the premises becomes open makes no matter. If a window or a door is opened that was unlocked, it is still considered breaking. Entering is any physical portion of the intruders body crossing the exterior boundary of the premises, even if it is just a hand or a foot. California statutes define burglary as “entering any home, room, apartment, store, barn, floating home (or many other qualifying buildings) when the doors are secure, for the purpose of committing grand or petit larceny.”

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