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There are six common sentencing alternatives to jail for driving under the influence (DUI). They are: drug or alcohol treatment or rehab, Mothers Against Drunk Driving (MADD) Victim Impact Program, community service, electronic monitoring with a SCRAM device, sober living, and DUI school. Each of these alternative sentencing options can help defendants avoid jail time. …
DUI charges can stem from any drug that impairs the ability to operate a vehicle safely. There are five prescription drugs in particular that commonly lead to DUI charges: Adderall, Xanax, Ambien, Vicodin, and Clarinex. Each of these can cause a motorist to be under the influence. None of these drugs cause any alcohol to enter the bloodstream. …
Yes, it is possible to get charged with a DUI for operating an e-scooter under the influence of drugs or alcohol. Most states have DUI laws that apply to motorized scooters. This includes Lime or Bird e-scooters. However, some states have DUI laws that only apply to vehicles with larger motors. The particular language in each …
It is legal to have unopened alcohol in your car if you are over 21 years old. If you are under 21, it is illegal to be in possession of alcohol even if it is unopened. The only exception for under 21 drivers is the transport of unopened alcohol at the direction of a parent, …
Senate Bill 1129 was signed into law by Gov. Brown in September 2018. The bill applies to divorce proceedings and it has two main impacts on California’s divorce laws. These are: it prohibits spousal support to those spouses convicted of a violent sexual felony or a domestic violence felony, when the acts were committed against …
The legal definition of domestic battery is (1) any willful and unlawful touching, (2) that is harmful or offensive and (3) is committed against an intimate partner. Examples of this include: Lisa pushes her boyfriend during a fight. Marcos, feeling frustrated with his ex-wife, grabs her shirt and rips it. Candice is angry with her boyfriend …
Shoplifting is often a crime of moral turpitude (CIMT). If it is, it can increase the consequences of a conviction. It can impact a non-citizen’s immigration status. In some contexts, however, shoplifting is not serious enough to count as a CIMT. Such petty offenses are exempted from crimes of moral turpitude. Serious shoplifting cases can affect …
Missing a jury duty date will usually lead to a second summons for jury duty. However, ignoring a summons may be penalized. It can be treated as contempt of court. Jurors can prevent this from happening by showing they were excused from jury service. California courts have a great deal of discretion as to how to …
Yes, so long as the relationship is not sexual. If they have sexual intercourse, the 21-year-old can face criminal charges for statutory rape if they are not married. The penalties for statutory rape carry up to 3 years in jail. They can also land in deeper legal trouble if they drink or do drugs together. The …
Yes, it is illegal to remove a VIN number. Doing so can violate state law. It is also a violation of federal law. There are, however, some exceptions that can apply. Under federal law, removing a VIN number is a felony offense. A conviction can carry up to: 5 years in jail, and $250,000 in …
“Dismissed without prejudice” refers to a situation in which a is dismissed, but the petitioner is not necessarily precluded from later refiling it. The case can be criminal, though it is more common for civil cases to be dismissed without prejudice. Plaintiffs who have had their case dismissed without prejudice can correct the errors in their …
Domestic Violence can be considered a crime of moral turpitude in CA Domestic violence can be a crime of moral turpitude. In many states, it will be if the alleged victim is a spouse. If it is a crime of moral turpitude, the collateral consequences of the conviction will be worse. It can prevent someone …
Retrograde extrapolation is a way to estimate a DUI suspect’s blood alcohol content (BAC). Police use the method to calculate what someone’s BAC was, hours before they were tested. Retrograde extrapolation is significant because it is often inaccurate. Suspects accused of driving under the influence can challenge the process and defend against a DUI charge. …
Penal Code 647j PC is the California statute that makes “invasion of privacy” a crime. This code section defines “invasion of privacy” as any of three distinct, yet related, crimes: Penal Code 647j1 – using a device to look through a hole or opening, Penal Code 647j2 – using a concealed camera to look under …
Hit and run can be charged as either a California misdemeanor or a felony depending on: the facts of the case, and what Vehicle Code section the offense is charged under. Vehicle Code 20002 VC is the California statute that defines the crime of misdemeanor hit and run. This section makes it a crime for …
The elements of a conspiracy under California criminal law are: the defendant agreed with another person, or persons, to commit a crime, one of the parties to the agreement took an overt act to further or advance that agreement, and the overt act was committed in California. The “elements of a crime” refer to the …
Penal Code 29.4 is the California statute that sets forth the legal defense of voluntary intoxication. This defense is available in criminal cases that involve a specific intent crime. And, it allows a defendant to introduce evidence of voluntary intoxication in order to show that the accused did not have the specific intent to commit …
Fixed ladders with no cage at the top are accidents waiting to happen. These ladders often go well over 20 feet in the air. When they have no cage, people climbing them have nothing to protect them from a fall. The cage is especially important at the top of the ladder. If you fall from …
Some short-term costs of a violation of a DUI law include: three to five years of summary probation, six months to several years in county jail (depending on the specific DUI offense charged), fines and penalty assessments that can total up towards $5,000, and completion of DUI school ranging from three to nine months. Some …
Skylight injuries can happen in lots of different ways. The injuries that they can cause are often serious. Sometimes, they are life-threatening or fatal. Bringing a personal injury lawsuit can be the best way to recover the compensation you deserve if you have been a victim. If you were on the job at the time …
There are at least 10 types of E-scooter malfunctions. Each one of these can cause serious injuries that lead to an E-scooter lawsuit. E-scooter sharing companies Bird and Lime are aware of these design defects. However, they have been slow to correct them. The delay has put thousands of E-scooter riders at unnecessary risk. 1. …
There are at least 12 reasons why shared E-scooters are so dangerous. 5 of them involve the poor designs used by E-scooter sharing companies like Lime and Bird. Others revolve around how difficult E-scooters are to ride and how little instruction riders get. Still others center on the lack of safety precautions E-scooter sharing companies …
If you have ridden a shared electric scooter, or E-scooter, you may have already waived your right to sue. E-scooter sharing companies Lime and Bird have extremely strict user agreements. Several provisions in them require you to waive some of your rights before riding. Overcoming these provisions and waivers can be difficult. Your ability to …
The jail time for a felony probation violation is either: the jail time that was suspended before probation was ordered, or if no suspension, the maximum jail time for the offense the defendant was initially convicted of. Note that a judge does not automatically have to place a party in jail if that person commits …
In some felony cases it may be beneficial for the accused to waive the preliminary hearing. (See Penal Code 860). Although unusual, some reasons to give up the right to a preliminary examination include: it avoids preserving testimony of witnesses (especially reluctant ones), bail status might be affected if evidence shows the crime to be …