If you have been arrested for a DUI in California, you may be wondering if the police can search your vehicle. The answer is not always straightforward. In general, the police can only search your vehicle if they have probable cause to believe that the search will yield evidence of a crime. This means that
William Weinberg
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What Happens When You Violate Court Ordered Terms of Probation Following a DUI Conviction?
If you are convicted on a DUI (driving under the influence of alcohol or drugs) violation in California, you will be required to attend DUI classes as part of your sentence. The court may also order additional terms of your DUI probation such as attending AA meetings or community service. Failure to abide by the…
HOW EFFECTIVE ARE IGNITION INTERLOCK DEVICES?
For over four years now in California, ignition interlock installations are required after an arrest for driving under the influence of alcohol (even for first-time offenses) if the driver wants to avoid a temporary suspension of his or her license to drive and mandatory for almost all D.U.I. convictions. The ignition interlock law has…
WHEN A FIRST-TIME DUI MAY BE CHARGED AS AFELONY
In California, a first-time driving under the influence (DUI) is a misdemeanor offense. However, there are a few exceptions where even a first time DUI may be charged as a felony.
Under Vehicle Code section 23550.5, subdivision (b) a conviction for a first time DUI within a ten-year period can result in a felony conviction…
Did You Make a New Year’s Resolution to Quit Drinking?
A DUI arrest may surprise the casual drinker. That happened to my client Linda. She is not a big drinker but several years ago she had two glasses of wine while out to dinner. She drank those glasses over the hour-long dinner and thought she was fine to drive. She exited the parking lot onto…
FEDERAL LAW MAY SOON REQUIRE DRUNK AND IMPAIRED DRIVING TECHNOLOGY ON NEW PASSENGER VEHICLES.
On New Year’s Day 2021 in Central California, a driver with twice the legal limit of 0.08% blood alcohol concentration (BAC) in his system was speeding at approximately 90 mph on a two-lane roadway. He lost control of his vehicle and crossed over the centerline causing a head-on collision with a truck traveling in the…
IMPLIED MALICE A NECESSARY ELEMENT TO CONVICT ON SECOND DEGREE VEHICULAR MURDER
In 2018, 19-year-old Davion Murphy, driving through residential Lancaster, California at a speed of 88 miles per hour, with a posted speed limit was 40 mph, ran a red light colliding with another vehicle. The collision caused the death of all three occupants in the vehicle Mr. Murphy’s vehicle hit. Mr. Murphy was arrested at…
DUI DEATHS IN ORANGE COUNTY – A SUMMER REVIEW
Run a search of the Orange County Register articles this summer on DUIs and you will learn that a woman suspected of DUI drove her car into Newport Bay, you will read about DUI crashes, some involving injury, and you will also read about DUI drivers who caused the death of innocent people.
A Santa…
THE UNEXPECTED DUI
The news of the DUI arrest of Paul Pelosi, Nancy Pelosi’s husband, has been splashed all over the news this week. Mr. Pelosi was arrested for driving under the influence of alcohol after his Porsche was hit by another vehicle. Fortunately, the collision was minor, and no one was hurt
This incident serves as a…
CAUSING THE DEATH OF ANOTHER WHILE DRIVING UNDER THE INFLUENCE AND IMPLIED MALICE
Mr. Tev, while intoxicated, was driving his vehicle on the wrong side of the road at a high rate of speed. He crashed head-on into a car traveling on the road, killing the driver of that vehicle. Mr. Tev was charged with second-degree murder among other offenses. Mr. Tev had no intention to kill another…