Posted by Christopher Martens | Nov 20, 2014 |
What's the truth about your recent DUI arrest? Had you really consumed enough alcohol to be over California's legal limit of 0.08% BAC? Or were you on the line? Did you actually fail your roadside field sobriety tests because you're been under the influence, or did police unfairly or inaccurately...
Posted by Christopher Martens | Nov 19, 2014 |
Getting stopped for driving under the influence (DUI) can be a nervy, anxiety-producing event. The fear has a basis in reality. A conviction for DUI can lead to JAIL TIME as well as to a license suspension, strict probation terms, forced alcohol education classes, legal fees, court fees, inflated...
Posted by Christopher Martens | Nov 12, 2014 |
Getting busted for DUI in California can be a humiliating, painful, and expensive experience.
Unfortunately, many defendants (and their families) get so confused and terrified by the arrest that they fail to take critical actions to investigate potential defenses. They miss out on obvious strateg...
Posted by Christopher Martens | Nov 10, 2014 |
Did police recently stop you for a DUI in Tulare, Fresno, or Kings County? If so, you probably have certain assumptions about what defense options might be available to you.
But odds are that you may not be thinking diversely or creatively enough, because you just don't know what sophisticated DU...
Posted by Christopher Martens | Nov 07, 2014 |
Does this describe you?
Police stopped you in Porterville or Tulare for DUI and tested you at the station using a breath or blood test. You clocked in at just over the legal limit -- around 0.09% BAC. That was still an illegal and unacceptable BAC level, as stipulated by California Vehicle Code S...
Posted by Christopher Martens | Nov 05, 2014 |
When and how do you have the right to refuse a PAS test for California DUI?
The answer depends on circumstances of your arrest. In some cases you do; in some cases, you don't. Why would you want to refuse the test? Let's say you believe that you were on the bubble of the legal limit; you might wa...
Posted by Christopher Martens | Nov 03, 2014 |
Racking up a DUI can lead to major punishments and massive inconveniences, including LOSS OF YOUR LICENSE, mandatory jail time, probation and forced installation of a device in your vehicle that prevents you from starting your car without blowing into a breathalyzer-like device first.
To stay out...
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...