Blog Posts in March, 2011
Posted on Mar 30, 2011 By Gold & Witham
I was recently informed by the District Attorney's Office in Westminster that they intend to dismiss the DUI prosecution for a client of mine due to a lack of evidence. The DUI charge was based on ...
Continue reading "Marijuana and DUI" »
Posted on Mar 28, 2011 By Gold & Witham
I was in Southbay Superior Court in Torrance this morning representing a client charged with a first time DUI. The facts of the case were that he was stopped at a sobriety checkpoint and submitted to ...
Continue reading "Wet Reckless, Torrance Court." »
Posted on Mar 25, 2011 By Gold & Witham
Before a Judge will accept any form of negotiated plea on a DUI case, he or she will advise a defendant that any criminal conviction may lead to immigration consequences if the defendant is not a ...
Continue reading "Immigration Consequences of a DUI" »
Posted on Mar 24, 2011 By Gold & Witham
I received an Order of Set Aside today following a DMV Hearing for a client who allegedly refused to submit to a chemical test. The Licensee had been pulled over for weaving into opposite lanes of ...
Continue reading "DMV Win in Refusal Case" »
Posted on Mar 23, 2011 By Gold & Witham
A conviction for a DUI or "Wet Reckless" remains a prior for sentencing purposes for a period of ten years in California. This means that if a defendant is convicted of another DUI within ten years of ...
Continue reading "Prior DUI Convictions and Sentence Enhancements" »
Posted on Mar 18, 2011 By Gold & Witham
A conviction for a felony DUI carries with it serious consequences independent of the actual court penalties. A felony conviction will end many job opportunities. However, a felony conviction does not ...
Continue reading "Felony DUI and Motion to Reduce to Misdemeanor" »
Posted on Mar 15, 2011 By Gold & Witham
A major difficulty faced by anyone arrested for a DUI in Los Angeles is that a conviction will lead to a requirement by the DMV to install in any vehicle owned or operated by the defendant an ignition ...
Continue reading "DUI and Drugs" »
Posted on Mar 10, 2011 By Gold & Witham
California State Law states that if a person is lawfully arrested for a DUI, that person has impliedly consented to submit to a chemical test to determine his or her blood or breath alcohol level. A ...
Continue reading "Denial of Choice of Test" »
Posted on Mar 7, 2011 By Gold & Witham
California Vehicle Code Section 14601.2 sets out the penalties for driving on a suspended license when the suspension was imposed as a result of a DUI conviction. Proof of knowledge of the suspension ...
Continue reading "Driving on a Suspended License" »
Posted on Mar 3, 2011 By Gold & Witham
It is not uncommon for the police to attend a dwelling to arrest someone for DUI. This often occurs after a traffic collision and a hit and run where the license plate of the vehicle was obtained by a ...
Continue reading "Entry of a Dwelling for a DUI Arrest." »