http://SanDiegoDefenders.com San Diego DUI defense attorney Dan Smith explains basic DUI procedure in military setting. We get a lot of questions at the office from sailors serving, active duty, or reserve about DUI’s. Basically there are a couple of ways a DUI can “go down” and three ways they can be adjudicated.
Got busted at the border? Don’t know what to do next? Call San Diego Defenders now and we can help! We specialize in drug arrest and DUI defense.
Not only the most experienced criminal defense and DUI defense law team in San Diego, but also conveniently located on 3rd Avenue in Chula Vista directly across street from the court house. Walk-ins are welcome and we can advise you how to proceed with your case.
Your arraignment is the first court appearance you will have in your DUI criminal proceedings. The arraignment provides you with your first opportunity to plead guilty, not guilty, or “no contest” to your California DUI charges. You may qualify for a public defender, in which case, you will be counseled prior to pleading guilty, if that is what you choose to do. Consequently, you have the opportunity to be sentenced immediately. However, if you have a viable defense, you may not see it in the initial reports and that is why many people choose to hire private counsel, especially if the law firm offers a payment plan, such as San Diego Defenders. Many times, people call a law firm and express how difficult it is to get a job with a DUI on their record. “I should have stopped to think of the consequences” is what is said. There are four divisions of the Superior Court in San Diego County. San Diego Central (Downtown San Diego), South Bay Division (Chula Vista), East County (El Cajon), and North County Division (Vista). This article links you with the map to each location. If you plead not guilty a future date (Readiness Conference) will be set for 4-6 weeks out. It will be noted if you have an attorney and if you do not you may be assigned a Public Defender. If you hire a private attorney, in between your Arraignment and Readiness you or your San Diego DUI lawyer will be able review the prosecution’s evidence (discovery). This includes a copy of the police report, any recordings visual or audio and access to the maintenance records of the testing instrument(s) that were used. If you or a loved one has been charged with a DUI or related crimes please contact our office at (619)233-6900 for a free and confidential consultation with an experienced attorney.
More States Considering Legalizing Marijuana
This year seven states have pending legislation or ballot measures regarding the legalization of marijuana. This comes amid the administation’s crackdown on legal dispensaries in California and Colorado. There is an evident disconnect between the apparent goals of the administration and many of the individual states’ views on the matter.
A record number of Americans now favor legalization. Many have come to understand the enormous amount of time, money and other available resources that are expended unsuccessfully trying to curb the use of this once legal substance. Billions of dollars are spent annually in enforcement, eradication and incarceration. Isn’t a more common sense approach to tax and legalize? This is what many citizens and politicians are beginning to think.
But acceptance of this idea is far from universal. The president would not be engaging in the current crackdown if he didn’t think there was political capital to be gained. Even the scandalous “Fast and Furious” program engineered by the Department of Justice has done little to derail the vast majority’s support of the war on drugs.
But as in any war, the first casualty is truth. The truth is that marijuana is not the menace it is portrayed to be. The war on drugs kills people and ruins lives. Most of the people in prison in this country are there for drug related offenses. People who get high on marijuana don’t kill people. Drug enforcement agents do.
But this is an emotional issue for many, much as the war of prohibition on alcohol was in the last century. There are many parallels. For instance, prohibition creates a culture of gangsterism. This was true in Al Capone’s day and it is true now. The drug cartels of today are just the political and economic descendants of the gangsters of old. When alcohol was re-legalized, the bootlegging gangsters disappeared. Unfortunately the law enforcement apparatus created to combat them did not.
But it seems we never learn. Prohibition has never worked and it never will. As long as there are disproportionate profits to be made, the gangsterism will continue and innocent people will continue to die.
San Diego Defenders
585 Third Avenue
Chula Vista, CA 91910
It is that time of year again. The sun is shining, the beaches are hopping and the police are arresting tourists like nobody’s business. Whether it is the California Highway Patrol, San Diego Police or any of the other law enforcement agencies in the county, many of our out of town visitors are getting arrested by the police. Frankly, they make easy targets. They are out enjoying themselves and often are not familiar with the area, so it is easy to catch them in some minor traffic violation and use that as an excuse to see if they have been drinking.
Getting arrested while on vacation in San Diego can be a terrible experience. First, it is a real downer for the vacation. Then, you have to figure out how to handle your court case. Don’t think that just because you live out of the State that you do not have to deal with it. You will have a warrant issued for your arrest and can have your home State’s driver’s license suspended.
You can hire a private DUI attorney in San Diego to help you out. The consultation and retainer can be done over the phone and through the mail. If it is a misdemeanor, you will not have to come to court, your private DUI lawyer can make all the court appearances for you. Plus, an experienced DUI lawyer will know how to handle the case and get you the best possible result.
Turning 18 usually means graduation from high school. Many young people are attending ceremonies this week and in early June that mark a transition from the familiar faces and routines which have changed little for many years. Some will be off to college or other vocational training. A few have already found employment. Some have no direction at all.
But turning 18 means much more than leaving some old friends behind. It also marks the beginning of adult responsibility in the eyes of the law, at least to some degree. You still can’t drink alcohol, legally. But for most other purposes, you are counted as an adult. Primarily, you are no longer under the jurisdiction of the juvenile justice system. If you run afoul of the law, you will be treated as an adult.
This means that if you are charged with a crime, you will no longer have the advantages of having your case heard in the juvenile system. You will not be able to have your record sealed. If you are sentenced to custody you will go to jail or prison. You will find that there are fewer opportunities for “second chances”. If you violate the terms of your probation or parole, you will face the increased possibility of more custody.
The differences are more pronounced with more serious offenses. For instance, if you are convicted of a “strike”, a serious or violent felony, you are presumed ineligible for probation. You will probably be sentenced to a significant amount of custody, possibly in state prison. This is very different from the juvenile programs which young offenders may have available in juvenile court. The horror stories you hear about prison are largely true, especially for younger inmates.
Even for minor offenses, the penalties are more severe. Writing an apology letter to your victim is usually not an option. Fines, fees, mandatory classes and potential jail time are all possible consequences of misdemeanor convictions ranging from shoplifting to DUI. If you break the law as an adult, both you liberty and your property are at risk.
But on the positive side, there are advantages to being treated as an adult in the criminal justice system. You are entitled to reasonable bail. You have a right to a trial by jury. That’s about it. The moral of the story is along with increased privileges come increased responsibility. If you are planning to party post graduation, keep that in mind.
San Diego Defenders, 585 Third Ave., Chula Vista, CA 91910 619-233-6900
As always, we at San Diego Defenders, encourage you to drink responsibly and do not drive when drinking. With that in mind, we all have places that we would like to go on Memorial Day Weekend to enjoy the festivities offered throughout the County. Sometimes getting to an event on time makes all the difference between having an okay time and having a fantastic time. We will be telling you about the DUI checkpoints in San Diego County that may cause you a delay in getting to your event in a timely manner. You can look for specifics on our Facebook page and don’t forget to ‘Like’ us!
DUI Checkpoint scheduled for Chula Vista tomorrow night! The Chula Vista Police Department Traffic Unit will be conducting a DUI/Drivers License checkpoint on 05/19/12, within the city limits between the hours of 6:00 p.m. and 1:30 a.m. Checkpoints are placed in locations that have the greatest opportunity for achieving drunk and drugged driving deterrence and provide the greatest safety for officers and the public.
Officers will be contacting motorists passing through looking for signs of alcohol or drug impairment. Drivers caught driving impaired may expect jail time, license suspension, thousands of dollars in fines and insurance increases.