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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...

What Is a Habitual Traffic Offender?

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

The Penalties for Points Think driving is a right? Think again. In California, driving is a privilege. And if you take advantage of that privilege, it can be suspended or revoked. If you continue to drive and accumulate more points on your driving record while your privilege is suspended or revok...

What Happens if a DV Witness Refuses to Testify?

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

When the Key Witness Won't Speak In domestic violence cases, the victim plays an influential role. Often, it is the victim who notifies law enforcement and provides necessary information regarding the offense. If the police decide to file a report, this commences the domestic violence case proces...

DUIs and Drugs: What Substances Can Land You in Jail

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

Drugged Driving       Under California law, it is illegal to drive under the influence of any drug, under Vehicle Code 23152 (f). With the advent of medical and now recreational marijuana, authorities have stressed this section of California DUI law in an attempt to dissuade drugged driving. But ...

How Long Can a Restraining Order Remain in Effect?

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

Restraining Order Duration Periods Restraining orders are commonly issued in cases involving crimes such as assault, harassment, and domestic violence.  They can also be issued in certain family law matters. A judge can issue one of a few types of restraining orders, each of which may remain in e...

Combating False Allegations of Domestic Violence

Posted by Christopher Martens | May 22, 2017 | 0 Comments

Where's the Evidence? We like to think that hard evidence is necessary in order to file charges against or convict someone in a criminal court. But this belief in justice can leave you unprepared for the reality of domestic violence cases. Typically, sufficient evidence is required to take legal ...

Navigating DUI Pre-Trial Proceedings

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

Steps Prior to Trial There are many stages in a DUI criminal case, beginning with the arrest and ending, in some cases, with a trial. Now, not all cases that are on the trial track actually make it there. In many criminal cases, a deal can be worked out before trial, thus saving both the defense ...

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