DUI_sleep_driving_drunk

How Could You Get a DUI When You Weren’t Driving a Vehicle?

How Could You Get a DUI When You Weren’t Driving a Vehicle? You’re out at a bar and you’ve consumed too much alcohol. You thought you were going to have one beer and drive home, but now you can’t risk drinking and driving. You decide to curl up in the driver’s seat of your car and wait for sobriety to set in. Seems like a sure way to avoid DUI…

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Defend Yourself

Can It Be a Crime to Defend Yourself in Your Home?

Can It Be a Crime to Defend Yourself in Your Home? Late at night, you are suddenly awakened by the sound of breaking glass. A burglar is entering your home. Fearing for the safety of you and your family, you open your gun safe and retrieve your pistol. The burglar hears you and flees out the window. You chase after him, following him outside, and you demand he stop. On…

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Raise Your Voice, Not Your Fists: A Guide to Lawful Protests

Raise Your Voice, Not Your Fists: A Guide to Lawful Protests

Raise Your Voice, Not Your Fists: A Guide to Lawful Protests As we’ve seen recently, when a controversial figure or event comes to town, it can cause people to raise their voices in protest. In many cases, though, those protests end in arrests. How can this be in a country where the First Amendment to the Bill of Rights guarantees free speech and peaceable assembly? Simply put, “free” speech is…

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DUI checkpoint

Is it a Crime to Warn Others about DUI Checkpoints?

Is it a Crime to Warn Others about DUI Checkpoints? There are few things more frustrating on the road than a DUI checkpoint. Nobody wants to wait in long lines for a forced interaction with police. So if you observed someone with a sign telling you that you were approaching a DUI checkpoint, you would probably appreciate the notice. While DUI checkpoints are publicly announced ahead of time, and checkpoint…

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PettyTheft

I Received a Civil Demand Letter. What Should I Do?

I Received a Civil Demand Letter. What Should I Do? If you are accused of stealing an item from a store, you may receive a letter claiming that you owe the store money. This letter is called a “civil demand letter.” This type of letter often demands that you pay far more than the cost of the item you attempted to steal or you could face criminal charges or a…

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BAC

How Your Attorney Can Challenge a DUI Blood Test

How Your Attorney Can Challenge a DUI Blood Test If you are arrested for driving under the influence of alcohol, you may be required to take a blood or breath test in order to measure your blood-alcohol concentration. Many people think that a blood test is the most reliable way to measure your BAC. However, an experienced DUI attorney may be able to challenge the results of a blood test.…

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Intoxication DUI Defense

The Body-Induced Intoxication DUI Defense

The Body-Induced Intoxication DUI Defense Imagine driving home after having a nice dinner at a restaurant. You had a glass of wine, but nothing that impacts your ability to drive. So imagine your surprise when you are pulled over and a Breathalyzer test shows that you four times over the legal blood-alcohol limit for driving. This may sound like an urban legend told to scare you in regards to drinking…

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missed your court date

Missed Your Court Date? Here’s What to Do Next

Missed Your Court Date? Here’s What to Do Next If you were late for your court date or failed to appear, the court could issue a warrant for your arrest. You could also be charged with the separate crime of failure to appear (FTA) under California Penal Code Sections 1320 and 1320.5. You will likely be arrested by police and held in custody until your next court date. If you…

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defenses to bad check fraud

Legal Defenses to Bad Check Fraud Charges (PC 476)

Legal Defenses to Bad Check Fraud Charges (PC 476) California Penal Code Section 476 makes it a crime to make, pass or possess (or attempt to make or pass) a fake or altered check. To be convicted of this crime, the prosecutor must prove that you knew that it was fake or altered, and that you intended to defraud another person by passing off the check as genuine. Under California…

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What Does being Charged with a “Wobbler” Offense in California Mean?

What Does being Charged with a "Wobbler" Offense in California Mean? The term "wobbler" is one that is frequently used with regards to the penalties, punishment and sentencing associated with California crimes. However, many people are unfamiliar with what the phrase "wobbler offense" actually means. What is a Wobbler Offense in California? California law defines a "wobbler" offense as an offense that prosecutors can elect to file as either a…

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