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If you are enlisted, and receive a first time misdemeanor DUI (no one was injured), unless you have other problems in your jacket, there are usually three possible scenarios for someone in the military who gets a DUI. If you were arrested off base, the case will be prosecuted by the civilian authorities in State…
If you do not hire a private attorney before your first court date (arraignment) you will have to appear in person at the time and place lasted. You will most likely be assigned a Public Defender at your arraignment date who will enter a plea of not guilty on your behalf. After your arraignment date…
California Penal Code 1203.3 PC allows a judge to terminate a defendant’s probation ahead of schedule. If the judge grants an early termination of probation, you may request for your record to be expunged at that time or a later date. Before terminating your probation early, the judge will inquire that: 1. you have successfully…
More and more we are hearing about people who are convicted of crimes and sent to prison based on eye witnesses, who turn out to be innocent. DNA evidence is helping more and more wrongly convicted people to be freed. Of those, three quarters of people who have been proven to be innocent were convicted…
An Imperial Beach man was arrested for driving under the influence not once, not twice but three times over the period of a week. On Sunday January 22nd Sheriff’s Deputies were called in response to a report of a drunken driver. Upon arrival deputies came upon Mr. Lakarnafeaux in a bar and arrested him for…
California’s minor in possession “MIP” law (Business and Professions Code 25662 BP / Vehicle Code 13202.5 VC) prohibits minors…that is, persons under 21…from possessing alcoholic beverages in any public place. Before a prosecutor can prove that you violated California’s MIP law, they must prove the following facts: at the time of the offense, you were under…
California Open Container Laws (Vehicle Code Sections 23221 to 23229) make it illegal to have an opened alcoholic beverage in the passenger compartment of a motor vehicle. More specifically, the laws prohibit: drinking in a car; possession of an open container in a car; storing open containers in a car, and storing open containers in a…
Your arraignment is the first stage of 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. If you plead guilty, you will be sentenced and your case will be closed. If you plead not guilty a future date (Readiness…
Many people who are arrested for DUI in San Diego will have their blood alcohol concentration (BAC) determined by a breath test machine, or breathalyzer. The breathalyzer is a complex electronic device. While it is often an accurate measure of one’s BAC, the machine is not infallible. This short video gives a glimpse into the…
Disturbing the Peace has several subdivisions each which you can be charged with. They include: 1. Unlawful fighting; 2. Unreasonable Noise; 3. Fighting Words. A violation of any of the above can result in a charge of disturbing the peace and in fact all subdivisions can be charged. Disturbing the Peace is a “wobbler” which…
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