Posted by Christopher Martens | Oct 24, 2014 |
Your DUI charges are keeping you awake at night,
Ever since you saw those headlights in your rearview mirror and heard the blare of police sirens, you haven't been able to concentrate or think about your life, business or relationships. You know you need to engage in emergency measures to protect...
Posted by Christopher Martens | Oct 23, 2014 |
You face a felony charge that could lead to the LOSS OF YOUR REAL ESTATE LICENSE as well as substantial jail time and other penalties. What can you do?
Perhaps you did break the law or at least engage in dubious activities, but maybe not to the extent that your felony charges suggest. Or maybe yo...
Posted by Christopher Martens | Oct 22, 2014 |
As a California pharmacist, you spend a lot of time with patients, doctors and other stakeholders in the medical process. You love what you do, but you've recently been arrested on scary felony, theft, drug or alcohol charges. You want to avoid jail time, SAVE YOUR LICENSE, and protect your digni...
Posted by Christopher Martens | Oct 21, 2014 |
DUI charges are no joke. It bears repeating: A DUI conviction can CHANGE YOUR LIFE and lead to jail, license suspension, constrictive probation terms, fines and fees, legal costs, heightened insurance rates, and disruption to your professional and personal world.
But even these threats often do n...
Posted by Christopher Martens | Oct 20, 2014 |
Driving under the influence of alcohol is unquestionably dangerous and dumb.
But did you know that if you drive without a license or drive on a suspended license, you could also go to jail as well as suffer a smorgasbord of nasty punitive consequences? California Vehicle Code section 12500 establ...
Posted by Christopher Martens | Sep 24, 2014 |
The people of the State of California entrusted you with responsibilities to the public good. But now you stand accused of a felony crime or a crime of moral turpitude.
You're at a pivotal moment in your career and your life. Will you go to jail? Will you lose your job? What special punishments m...
Posted by Christopher Martens | Sep 23, 2014 |
Knowingly driving under the influence of alcohol or drugs or prescription medications is wrong. You know it. All California drivers know it. More importantly, prosecutors know it.
But if you drive DUI and THEN HURT SOMEONE in the process, you enter an entirely different (and more formidable) defe...
Posted by Christopher Martens | Sep 22, 2014 |
Perhaps a police officer in Fresno busted you at a checkpoint, after you stumbled during the walk the line test. Or maybe you found yourself in handcuffs, after an injury accident on the 5 or on a nearby surface street. In either case, you desperately want to avoid jail time and massive fines and...
Posted by Christopher Martens | Sep 22, 2014 |
If you just got arrested for driving under the influence (DUI), the clock is ticking … and fast.
Per California law, if you want a hearing at the Department of Motor Vehicles (DMV) to protect your license from being automatically suspended, you need to make that request within 10 days. The DMV...
Posted by Christopher Martens | Sep 19, 2014 |
You have a keen drive to help people and improve others' lives and health as a nurse. Whether police stopped you or arrested you unfairly; or whether you did something that you instantly regretted (like smoked marijuana before getting behind the wheel), you're terrified.
What could a DUI convicti...
Posted by Christopher Martens | Sep 18, 2014 |
Getting a DUI is horrendous for many reasons. First of all, let's not beat around the bush: driving DUI is stupid. You know it. Society knows it. Prosecutors and judges know it. It is dangerous. It can lead to senseless injuries and deaths. But whether you actually, technically broke the law or n...
Posted by Christopher Martens | Sep 16, 2014 |
Maybe you're a family doctor in Fresno who made a bad judgment one night after partying in the Tower District. Now you face a felony DUI charge, because you hit someone and hurt him. California Vehicle Code Section 23153 – the injury DUI section – elevates standard misdemeanor charges to felonies...
Posted by Christopher Martens | Sep 15, 2014 |
Have you been arrested for a major crime, like assault and battery, vehicular manslaughter, or DUI? If you are scared, you SHOULD be.
California prosecutors are notorious for seeking extensive prison sentences and other draconian penalties, even against first time offenders. Even if you didn't hu...
Posted by Christopher Martens | Sep 09, 2014 |
In theory, defending a DUI may not sound that hard, or at least not that complex.
For instance, perhaps police arrested you because you failed your field sobriety tests or because you failed a breath test at a checkpoint stop. Your situation seems straightforward. So you might be under the impres...
Posted by Christopher Martens | Sep 08, 2014 |
Perhaps police stopped you at a checkpoint and arrested you, after you tested to have a BAC just over the California legal limit of 0.08%. Or perhaps you caused a multi-car collision that injured several people, including a child. You are terrified of the possible consequences, and you should be....
Posted by Christopher Martens | Sep 05, 2014 |
Sleep Driving - Ambien DUI
When doctors prescribe Ambien or Zolpidem for insomnia they may or my not inform their clients that one side-effect is sleep activities. Sleep: walking, eating, driving and memory loss. These side-effects are considered rare; however, many people are now charged with a ...
Posted by Christopher Martens | Aug 25, 2014 |
The key case on point is Kellett v. Superior Court (1966) 63 Cal.2d 822 (Kellett). It set forth the fundamental standards that we must follow.
Kellett established a standard for determining when a successive prosecution is barred that remains viable today. "When . . . the prosecution is or should...
Posted by Christopher Martens | Feb 26, 2014 |
Challenging your California DUI: Field Sobriety Test
If you or someone you know has recently been charged and/or arrested for driving under the influence (DUI) in or around Visalia, California, there are various circumstances surrounding your DUI arrest your attorney might choose to challenge dep...
Posted by Christopher Martens | Feb 24, 2014 |
Alcohol Effects on the Human Body and How its Absorption Rate Works
While many might be unaware of alcohol effects on the human body and its absorption rate over time, most might be shocked to realize that depending upon their body's rate of absorption and other physical and/or clinical factors, ...
Posted by Christopher Martens | Feb 10, 2014 |
Visalia, California, Spousal Abuse
In Visalia, California, when law enforcement officials arrive to the scene of a domestic violence disturbance, the officers will essentially always arrest the abusive person. While many people might think that the suspect in these specific cases are always male,...
Posted by Christopher Martens | Feb 04, 2014 |
Murder is the unlawful killing of another human with malice aforethought. Malice aforethought can be defined as the intent, actual or implied, to kill someone else. The actual intent is when a person truly means to kill someone. The implied intent is when a person wishes harm someone, but ends up...
Posted by Christopher Martens | Nov 02, 2013 |
What is a crime? It's an act or omission prohibited by law for the benefit of the public. Violation of these law is prosecuted by the government and can result in imprisonment, restrictions of liberty or fines.
What if the victim doesn't want to press charges? Can the case be dismissed, maybe not...
Posted by Christopher Martens | Nov 02, 2013 |
In California, most people arrested for a DUI believe that the evidence stacked against them makes their case hopeless. Most of those people, however, are incorrect. People believe that pleading guilty is easier than actually fighting the DUI charge. That is also wrong because fighting a DUI is e...
Posted by Christopher Martens | Jul 11, 2013 |
What is the best way to beat a DUI case?
Most Visalia and Fresno criminal defense lawyers talk about ways of challenging a DUI or Driving Under the Influence case by talking about breath test, blood test, driving patterns, or field sobriety test. But the best way to beat a DUI charge is by showin...
Posted by Christopher Martens | Jul 10, 2013 |
At your arraignment the judge will ask you how you plead (guilty, not guilty, or no contest) and if you have an attorney or need the court appoint you a lawyer (if you can't afford one) or represent yourself.
You have the right to represent yourself.
However, this in not usually advisable. If yo...