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Who Oversees a DMV Hearing?

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

Legal Proceedings DMV hearings are administrative proceedings separate from the criminal court. Generally speaking, a hearing is a brief proceeding used to establish certain facts or issues relevant to the case. Typically, a hearing involves both the presentation of evidence and arguments. On the...

How Do I Find Out if My License Is Suspended?

Posted by Christopher Martens | Sep 11, 2017 | 0 Comments

Driving on a suspended license is a serious offense in California that can result in fines and even jail time. But believe it or not, many people are caught driving on a suspended license and argue they didn't know about the suspension. To make sure you aren't caught unaware, you should learn abo...

What Are 40509.5 Holds?

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

The Initial Hold Counties across California can issue steep fines for even minor traffic violations. And when you can't pay those fines—or go to court to contest them—you put your license at risk. 40509.5 is the legal code section that permits the traffic court to tell the DMV to put a hold on yo...

Understanding Your Right to Due Process

Posted by Christopher Martens | Sep 01, 2017 | 0 Comments

An Important Right Your right to due process is protected under the U.S. Constitution. This is an important right to understand because it protects you on all levels of government, including the state government in California. This right ensures that without fair judicial proceedings, you cannot ...

Stay Informed: Summer Sobriety Checkpoints

Posted by Christopher Martens | Aug 30, 2017 | 0 Comments

Summertime Sobriety Checkpoints Sobriety checkpoints are ubiquitous in summer months across the State of California. Summer, with its holidays, festivals, and other events and activities, can result in more drunk drivers on the road. California operates around 2,500 sobriety checkpoints across th...

DUI Accidents: The Consequences of a Conviction

Posted by Christopher Martens | Aug 24, 2017 | 0 Comments

A DUI With Complications Many factors can affect a DUI case in California. One of the more significant ones is whether you caused an accident, injured someone, or damaged property while driving under the influence. If you caused a minor accident and no one was injured, you will probably only face...

How to Fight Your Negligent Operator Status

Posted by Christopher Martens | Aug 18, 2017 | 0 Comments

When Your Status Changes The California Department of Motor Vehicle's Negligent Operator Treatment System keeps tabs on all Californian drivers. Acting as a centralized database of driving records, the system assigns points for driving code violations and accidents and takes action when a driver ...

Can I Expunge a Felony From My Record?

Posted by Christopher Martens | Aug 16, 2017 | 0 Comments

Removing Evidence of Serious Offenses California recognizes two main types of criminal offenses: misdemeanors and felonies. Between the two, felonies are more serious, and misdemeanors are less serious. Not surprisingly, a felony conviction can hold you back in many ways and haunt you for the res...

What Factors Determining Sentence for Theft?

Posted by Christopher Martens | Aug 14, 2017 | 0 Comments

Theft is a prevalent crime in California. How a defendant is sentenced for a theft conviction depends on many factors. There are two main theft crimes in California: grand theft and petty theft. Each is sentenced differently. Petty theft is typically charged as a misdemeanor. Misdemeanors are typ...

Defenses to Driving on a Suspended License Charge

Posted by Christopher Martens | Aug 10, 2017 | 0 Comments

Driving Without the Right The California Department of Motor Vehicles (DMV) can suspend or revoke your license for many reasons, some of which are unrelated to driving. Many people need a car to get around California where public transportation is lacking, and this creates a problem. If you need ...

What Does “Accessory After the Fact” Mean?

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

In California, you can be charged with a crime if you help—in any way—a felon avoid getting in trouble. Helping someone who has committed a felony avoid the authorities or prosecution is referred to as being an accessory after the fact. The legal definition of “accessory after the fact” is harbor...

Offensive Touching and Domestic Violence Charges

Posted by Christopher Martens | Aug 04, 2017 | 0 Comments

The Domestic Violence Threshold Domestic violence is one of the lesser-understood types of California criminal charges, in part because so many different actions can be considered domestic violence and there doesn't necessarily need to be hard proof of violence. A prosecuting attorney can file do...

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...

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