Posted by Christopher Martens | May 19, 2015 |
If you are arrested for a DUI, your license will be automatically confiscated by your arresting officer. You will at that time be issued an official notice of your suspension, called an Order of Suspension/Revocation. When you get your Order, you will also be issued a temporary license, which is ...
Posted by Christopher Martens | May 18, 2015 |
California has high DUI rates and high rates of DUI recidivism. Legislature, over the years, has led to more DUI laws with more defined and harsher penalties. First time offenders are given a fairly standard sentencing however multiple DUI offenders are punished for their recidivism. While the pe...
Posted by Christopher Martens | May 15, 2015 |
As part of your DUI sentencing, you may be ordered to install an Ignition Interlock Device, or IID, in your car. If you were charged in Alameda, Los Angeles, Sacramento or Tulare counties, you will be automatically ordered to install an IID under the Ignition Interlock Device pilot program. IIDs ...
Posted by Christopher Martens | May 14, 2015 |
Finding a job can be hard enough and having a DUI on your criminal record can be a source of anxiety when you are job hunting. Many employers do standard background checks for all employees and may discriminate against you as an offender. There are several reasons why an employer may not want to ...
Posted by Christopher Martens | May 13, 2015 |
The State of California has strict DUI laws and takes many actions to reduce DUI offenses and DUI recidivism. DUI checkpoints, also called sobriety checkpoints or roadblocks, are a way to identify and catch drunk drivers but also a way to deter drinking and driving. DUI checkpoints are stopping o...
Posted by Christopher Martens | May 12, 2015 |
Being charged with a DUI in California will put in motion two processes. One is your case in the criminal court system. You will be tried in a criminal court and the conviction will show up on your criminal record. The second process is through the DMV, which handles DUIs independently of the cou...
Posted by Christopher Martens | May 11, 2015 |
Conducting your self in a disorderly manner, under California Penal Code 647, can result in a misdemeanor charge of disorderly conduct. Disorderly conduct is not just being out of order; it actually covers a range of actions and behaviors. It is an umbrella charge, so to speak, for otherwise just...
Posted by Christopher Martens | May 08, 2015 |
When you are convicted with a DUI, you might be ordered to install an Ignition Interlock Device (IID) in your car. IIDs are installed into your ignition in your car. They require you blow a breath sample with no traces of alcohol in it before starting your car and periodically while driving. You ...
Posted by Christopher Martens | May 07, 2015 |
As part of your sentencing for a drug or alcohol related charge, the court may order you to complete a drug and alcohol evaluation or assessment, along with other penalties. If your charge involved driving, you may also be required to get evaluated to have your license reinstated. You can also be...
Posted by Christopher Martens | May 06, 2015 |
Your Blood Alcohol Concentration, or BAC, is a measurement of how much alcohol is in your blood. It can be measured through a breath test with a Breathalyzer or by a blood test, one of which you a required to take if pulled over for drunk driving. DUI laws are based on BAC readings so it is in yo...
Posted by Christopher Martens | May 06, 2015 |
The Three Strikes Law is perhaps one of the most well known and talked about laws. The Three Strikes Law dictates that with three "strikes" against your criminal record, with strikes being considered as serious felony convictions, you may face a prison sentence of 25 years to life. Similarly, und...
Posted by Christopher Martens | May 05, 2015 |
Drinking on the job, while acceptable in some professions, is dangerous to do if you drive a commercial vehicle as part of your work. Having a beer with lunch might be fine for some people, but those with certain job duties can land themselves in serious trouble for taking the same liberty. The B...
Posted by Christopher Martens | May 04, 2015 |
Domestic violence does not have to be limited to physical violence within the family home. Today, with family situations becoming increasingly diverse and with more people communicating online, domestic violence can be found wherever you are in contact with a close family member or someone you've...
Posted by Christopher Martens | May 01, 2015 |
Getting arrested is a stressful experience. It is understandable to not fully understand the process or make poor decisions under this kind of distress. Resisting arrest, however, is a chargeable crime and it takes less than you think. You may have a possible defense in court if you feel you were...
Posted by Christopher Martens | Apr 30, 2015 |
California citizens have a right to have freedom from violence. This right is safe guarded by laws that cover many different kinds of harm, threats to harm included. Even if you never actually hurt someone, you can still be charged with criminal threat if you make a threat to cause serious bodily...
Posted by Christopher Martens | Apr 29, 2015 |
Getting a DUI is hard enough; the fines, penalties and conditions of your sentencing are designed to severely deter recidivism. However, other facts about the crime could increase the severity of your sentencing even more. Things that aggravate your sentencing are called sentencing enhancements. ...
Posted by Christopher Martens | Apr 28, 2015 |
Along with all the limitations that come along with a Domestic Violence Restraining Order, like staying out of a certain proximity to the protected person or limiting contact with them, you can also be ordered to relinquish ownership of all firearms and ammunition for the duration of the order. E...
Posted by Christopher Martens | Apr 27, 2015 |
Domestic violence affects all members of a household. Family pets are now mainstream members in many family households. Family pets are also at risk when domestic violence occurs. People sometimes let their anger out on the family pet and while this may deflect anger away from the other family me...
Posted by Christopher Martens | Apr 24, 2015 |
The court system has a powerful role in our society. The system expects respect and obeisance by all citizens. Not obeying or showing disrespect for the court system is called contempt of court. Contempt of court is a criminal charge that can come complete with fees, jail time and community servi...
Posted by Christopher Martens | Apr 23, 2015 |
Rape is a sex crime in California, generally characterized by sexual intercourse that one party did not consent to. We may traditionally think of rape as when a man physically forces a woman to have sex with him. In reality, there are other scenarios that are covered under PC 261, California's ra...
Posted by Christopher Martens | Apr 22, 2015 |
After you've committed a crime and have paid your debt to society, you may be eligible to apply for a Certificate of Rehabilitation. A Certificate of Rehabilitation does not mean your crime is erased from the record or even sealed. A Certificate of Rehabilitation can't erase the fact that you wer...
Posted by Christopher Martens | Apr 21, 2015 |
Drinking and driving is a serious offense in California. While the legal age of drinking in California is 21, underage drinking is still relatively common. Underage drinkers who drive tend to cause more accidents so California courts have strict regulations on underage drinking and a zero toleran...
Posted by Christopher Martens | Apr 20, 2015 |
If you've been served with a temporary Domestic Violence Restraining Order, you might not know where to start. The order itself can be packed with crucial information you need to heed. You also will have to appear in court if you want to disagree with or dispute the order in any way. With one pie...
Posted by Christopher Martens | Apr 17, 2015 |
Hurting someone is a crime. Under California state law, assault and battery are serious charges that can result from hurting, or attempting to hurt, another person. While you do not have to have actual physical contact with someone to assault them, making physical contact can land you with a conv...
Posted by Christopher Martens | Apr 16, 2015 |
Rape, including date rape, is a serious charge. With a minimum 3-8 year prison sentence, it will disrupt your life for years to come. On top of your court sentence: which can include prison time, fees, community service or educational classes, you will also have to register as a sex offender in t...