A Marsden motion is where you complain to the court that your free appointed counsel is inadequate. A lawyer who disrespects their client should consider another career, especially one who serves as court-appointed counsel. However, disrespect is not considered in whether the attorney can...Read more »
False statements by a peace officer go to the officer's credibility at trial or motion. Assertions that the officer lied in a report can only yield a dismissal of the charges if you fight your case. The prosecutor assigned to file cases will take the officer at their word and file charges....Read more »
Yes! In most cases you would be required to book if you are convicted. Make sure to appear in court or have a private criminal defense attorney appear on your behalf. If you have or can get a valid license you may be able to gain a dismissal or reduction of the charge to an infraction.
You have a not-driving defense. You will need a quality lawyer who will take the time to gather all the evidence and develop the defense. Obtaining patrol video, body-worn camera video and digital audio will be essential. You may also want to get sworn statement from your brother stating the...Read more »
It is possible to negotiate a wet reckless if the evidence supports it. However, a defendant with three prior convictions for DUI who is arrested for a fourth, is less likely to gain a more favorable negotiated disposition. If you are charged with a fourth DUI within 10-years you could be facing a...Read more »
The accident may not be by itself enough but Vehicle Code 40300.5 permits an officer to arrest without a warrant and not personally witnessing the event if he has reasonable suspicion you were driving under the influence.
Many DUI suspects either admit driving or are seen by a witness...Read more »
If you have a warrant for failure to complete a court ordered alcohol education program you will want to personally recall the warrant or have an attorney do this for you. The benefit of having an attorney do this for you is that it is less likely you will suffer a severe penalty. After this is...Read more »
I am 19 years old I got the DUI 5 days ago. I was on the side of the road with my hazard lights on(did not get pulled over). CHP approached me and ask if I was drinking I said "no". They smelt alcohol in my car and asked me to perform some test. I know I passed all of them. However, I did... Read more »
Driving with a BAC of 0.01% or more is a violation of 23136 VC, an infraction. If this charge is substantiated the penalty is a one-year suspension of your driving privilege. Based on the facts as you’ve described them you be able to argue that the PAS breath test was invalid and/or that there...Read more »
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