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Dealing With DUI Proceedings as a Freight Trucker

Posted by Christopher Martens | Aug 02, 2017 | 0 Comments

When Your Career Is on the Line The future of freight is changing as the push to get self-driving trucks on the road continues. Eventually, freight truckers might face job insecurity because of this new technology, but until we reach that point, truckers are a vital part of our economy.   Freight...

Maximum Jail Sentences for Misdemeanors

Posted by Christopher Martens | Jul 27, 2017 | 0 Comments

What Is the Maximum Sentence? California recognizes three categories of criminal offenses: infractions, misdemeanors, and felonies. Infractions are the least serious and aren't considered true criminal convictions. Many infractions are simple traffic citations and are punishable by nothing more t...

Criminal Traffic Violations

Posted by Christopher Martens | Jul 21, 2017 | 0 Comments

Infractions vs. Criminal Convictions Not all traffic tickets are created equal. Traffic citations (i.e. tickets) can vary in seriousness from simple “fix-it” tickets for non-moving violations to criminal traffic violations for offenses such as driving under the influence or reckless driving. And,...

Reckless Driving and Your Commercial License

Posted by Christopher Martens | Jul 19, 2017 | 0 Comments

Commercial drivers in California are held to higher standards than non-commercial drivers are, both on and off-duty. A commercial driver's entire career can be on the line if he or she does not drive safely at all times. Unfortunately, they face an increased risk of committing traffic offenses du...

Witness Testimony and DMV Administrative Hearings

Posted by Christopher Martens | Jul 17, 2017 | 0 Comments

Defending Yourself at the DMV If you are facing DUI charges, you will be involved in two separate proceedings: the criminal court process and the DMV administrative process. The DMV is only concerned with your driving privileges. As a DUI defendant, you have a right to request an administrative h...

DMV Proceedings and Your Rights

Posted by Christopher Martens | Jul 13, 2017 | 0 Comments

Your Legal Rights According to both the state and federal constitution, you have a right to due process of the law. That right applies to both criminal and civil court and administrative systems, such as the California Department of Motor Vehicles. The DMV must provide a hearing before taking act...

Is My Criminal Record Publically Available?

Posted by Christopher Martens | Jul 07, 2017 | 0 Comments

Is Your Private Business Public? In the interest of public safety and transparency in the court system, many court records, including records of criminal convictions, are part of the public record. To make matter worse, private companies compile public records from courts all over the U.S. and se...

Common Reasons for California License Suspensions

Posted by Christopher Martens | Jul 05, 2017 | 0 Comments

It Takes Less Than You Think to Lose your License in California Driving in California is a privilege, not a right. The California Department of Motor Vehicles (DMV) oversees the driving privileges of California residents and can issue, suspend or revoke licenses. The DMV can suspend your driving ...

New Testing for Drugs During DUI Stops

Posted by Christopher Martens | Jul 03, 2017 | 0 Comments

Changing Times Call for A New Method Public opinion on the safety of marijuana has grown in recent years, which has prompted the legalization of recreational use. Though many agree marijuana is a relatively safe substance to use, law enforcement argues recreational use is not safe when driving. A...

Interfering With Domestic Violence Reporting

Posted by Christopher Martens | Jun 27, 2017 | 0 Comments

Obstructing the Aid Response We rely on law enforcement and EMTs to help us in our time of need. Access to emergency aid is a right, but sometimes this right is violated. In domestic violence cases, in particular, it is not uncommon for the alleged abuser to attempt to prevent the alleged victim ...

How to Get a Stay of Your License Suspension

Posted by Christopher Martens | Jun 23, 2017 | 0 Comments

Putting Your License Suspension on Hold If you've received notice that the California Department of Motor Vehicles (DMV) will suspend your driver license, you might be wondering what, if anything, you can do to keep your license. You might have a specified period of time before your suspension go...

Can I Get a Suspended Sentence for a Felony?

Posted by Christopher Martens | Jun 19, 2017 | 0 Comments

Alternatives to Imprisonment Being convicted of a felony can change your life. A felony in California is punishable by up to three years in a county jail, up to life in prison, or the death penalty. That's nothing to bat an eye at considering the many non-violent crimes that can be charged as fel...

Employment Bans and Criminal Convictions

Posted by Christopher Martens | Jun 15, 2017 | 0 Comments

Banned For Good When you are convicted of a crime in California, you end up with more than just a criminal record. You gain a stigmatization that will make it difficult to find a job, too. Needless to say, few employers will give an applicant with a criminal record a chance. And in certain fields...

Understanding the California DMV Point System

Posted by Christopher Martens | Jun 12, 2017 | 0 Comments

Tracking Unsafe Drivers To keep tabs on dangerous drivers, the California Department of Motor Vehicles (DMV) operates the Negligent Operator Treatment System (NOTS). Under the NOTS, the DMV assigns points to traffic code violations that involve or affect safely operating a vehicle. These points a...

DUI Convictions and Rideshare Driver Eligibility

Posted by Christopher Martens | Jun 09, 2017 | 0 Comments

DUIs and Missed Opportunities The consequences of a California DUI conviction are far reaching. Missing out on certain employment opportunities is just one of them. Driving for rideshare services such as Uber and Lyft is an easy way to make some extra money, but a DUI conviction can jeopardize yo...

Defining Injury in Domestic Violence Cases

Posted by Christopher Martens | Jun 08, 2017 | 0 Comments

Injuries Matter In domestic violence cases, the victim's injuries or lack thereof play a significant role in how a defendant is charged and sentenced. Because not all domestic violence victims sustain injuries, California law distinguishes between two types of domestic violence charges: spousal b...

Evidence and Your DMV Administrative Hearing

Posted by Christopher Martens | Jun 06, 2017 | 2 Comments

An Administrative Review A California driver who has received notice from the DMV regarding action taken against his or her driving privileges (e.g. a suspension) may request an administrative hearing to challenge the action. Administrative hearings differ from court hearings in several ways. The...

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