Blog Posts in 2012
Posted on May 9, 2012 By Gold & Witham
The warrantless entry of a house or dwelling for the purposes of arresting someone for DUI is an unreasonable search and seizure in violation of the Fourth Amendment of the United States Constitution, ...
Continue reading "Entry of a home to arrest for DUI." »
Posted on May 1, 2012 By Gold & Witham
The penalties for driving on a suspended license in California vary depending on the original and underlying reason for the suspension. When the suspension was imposed by the DMV following a ...
Continue reading "Driving on Suspended License" »
Posted on Apr 24, 2012 By Gold & Witham
When my clients receive a copy of the police or arrest report prepared in their case, there is often surprise or consternation that the arresting officer's report of the events is so at odds with ...
Continue reading "Framing the issues. How to deal with bad facts." »
Posted on Apr 10, 2012 By Gold & Witham
A third DUI conviction in California carries a mandatory minimum 120 days county jail sentence . However, mandatory jail is not necessarily mandatory. Penal Code section 2900.5(f) provides as follows; ...
Continue reading "Sentencing Alternatives to Mandatory Jail" »
Posted on Apr 3, 2012 By Gold & Witham
For those arrested for a DUI in California , there are obvious and immediate concerns such as the possibility of serving county jail time or losing one's privilege to drive for a period of time. ...
Continue reading "Unexpected Consequences of DUI" »
Posted on Mar 27, 2012 By Gold & Witham
According to a recent news report in the Los Angeles Times, The Los Angeles Sheriffs Department is considering closing part of the antiquated Mens Central Jail in downtown Los Angeles. The plan would ...
Continue reading "Los Angeles County Jail and overcrowding." »
Posted on Mar 22, 2012 By Gold & Witham
California Vehicle Code section 22348 sets forth penalties for driving a vehicle on a highway at a speed exceeding 100mph . The fines for this infraction range from $500 to $1000 plus penalty ...
Continue reading "Speeding over 100mph and License Suspension" »
Posted on Mar 13, 2012 By Gold & Witham
California law provides that if a person elects to submit to a breath test following a DUI arrest in California , that person must be advised that the breath machine does not retain a sample of breath ...
Continue reading "Independent Blood Sample" »
Posted on Mar 6, 2012 By Gold & Witham
Effective January 1, 2012, new legislation made changes to the California Vehicle Code to allow a person with a prior DUI conviction, who is convicted of an alcohol related "wet reckless", ...
Continue reading "Wet Reckless and DMV" »
Posted on Mar 2, 2012 By Gold & Witham
Effective January 1, 2012, new legislation allows courts to order a ten year revocation of the privilege to drive of a defendant convicted of a third or subsequent DUI within ten years in California. ...
Continue reading "10 Year License Revocation for third DUI" »
Posted on Feb 28, 2012 By Gold & Witham
Two States are considering the legality of DUI checkpoints. Unfortunately, California is not one of them. In Utah a Bill will soon be considered that would completely ban DUI checkpoints. It is ...
Continue reading "DUI Checkpoints" »
Posted on Feb 14, 2012 By Gold & Witham
Effective January 1, 2011, the California DMV discontinued issuing Commercial Driver Licenses to firefighters. Instead, firefighters must apply for a firefighter endorsement. Applicants applying for a ...
Continue reading "Firefighters, DMV and DUI" »
Posted on Feb 8, 2012 By Gold & Witham
For relatively minor drug possession and possession of drug paraphernalia cases, drug diversion is available which results in the defendant attending a drug diversion program and agreeing to remain ...
Continue reading "Drug Diversion and DUI" »
Posted on Feb 2, 2012 By Gold & Witham
Penal Code Section 12022.7 provides for an additional three year prison term in the event that a defendant is convicted of a felony involving great bodily injury to another person in California. Great ...
Continue reading "Great Bodily Injury Enhancements for Felony DUI" »
Posted on Jan 27, 2012 By Gold & Witham
Following an arrest for DUI in California , a suspect has the choice of whether to consent to a breath or a blood test. A breath test does not allow for independent testing on a future date as the ...
Continue reading "Re-analysis of blood test evidence." »
Posted on Jan 18, 2012 By Gold & Witham
For those arrested for a DUI under the age of 21 in Los Angeles or Orange County , the court penalties include a requirement to attend a youth drug and alcohol deterrence program (YDAD). The YDAD ...
Continue reading "Youth Drug and Alcohol Deterrence Program (YDAD)" »
Posted on Jan 9, 2012 By Gold & Witham
We won two DMV hearings in DUI cases last week on the same issue. Both clients had .09/.10 breath test results. In both cases, our toxicologist, Henry Greenberg testified that he believed that the ...
Continue reading "DMV Wins." »
Posted on Jan 3, 2012 By Gold & Witham
As a result of a new law in California, as of january the first 2012, any third time DUI offender faces the possibility of a ten year revocation of his or her license. The new law gives judges the ...
Continue reading "Tougher Penalties for third DUI conviction." »