Archive for Criminal Law in LA

Police Arrest 438 for California DUI During New Year’s Celebration

Drunk DrivingThe California Highway Patrol reported an up-tick in arrests for drunk driving across the state. A total of 438 motorists were charged with driving under the influence in California, with 11 traffic related deaths attributable to alcohol. Last year there were 362 arrests and 4 fatalities.

In the San Francisco Bay Area, officers arrested 84 drivers for California DUI, more than twice the number in 2007. The increase in drunk driving arrests surprised law enforcement officers, as the number of DUI arrests made during the Christmas holiday were down as much as 40%.

The arrest reporting period started early evening New Year’s Eve and ended early morning on New Year’s Day.

Have you been arrested for DUI in CA?

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Changes to California DUI Laws

Effective Thursday, January 1, there will be zero tolerance for repeat offenders of driving under the influence in California. A new law stipulates that a person convicted of CA DUI cannot operate a motor vehicle with a blood alcohol content of .01 per cent or greater while on probation for the DUI offense. A motorist on probation for California DUI is required to submit to a breath test when requested by a law enforcement officer. Refusal to do so will result in a ticket being issued, driver’s license being seized, driving privileges suspended and impoundment of vehicle.

The same penalties apply if a breath test reveals a BAC of .01% or greater.

Have you been arrested for DUI in CA?

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Northern California DUI Arrest Holiday Update

The ‘Avoid the 21’ crackdown on drunk driving in Alameda County has reported a drop in the number of arrests for driving under the influence in California. 708 arrests were tallied through midnight Christmas Eve, compared to 847 at that time last year. The campaign is named for the 21 law enforcement agencies conducted the CA DUI crackdown. ‘Avoid the 21’ started December 12 and ends New Year’s Day.

San Francisco has a similar campaign titled ‘Avoid the 14’, and it runs during the same time as Alameda County’s effort. Through midnight Friday, law enforcement reported 85 arrests for suspicion of drunk driving in San Francisco, a slight increase over last year. So far this season there have been no traffic fatalities attributable to alcohol.

Sonoma County also reported a decrease in California DUI arrests, from 165 last year to 143 this year.

The California Highway Patrol has said that DUI arrests are down statewide this holiday season by more than a third. Through Friday, CHP officers attributed for 48 of the arrests for DUI in the Bay Area, a steep drop from the 164 arrests made in 2007.

Were you arrested for DUI in Northern CA?

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Alameda County to Use Special Flashlight for California DUI

Law enforcement agencies around Alameda County California are gearing up for their holiday effort to keep drunk drivers of the streets. They have a new tool to help them, though there are questions about its legality. Members participating in the ‘Avoid the 21’ campaign starting this weekend will be issued a flashlight that doubles as a passive alcohol detector. When a motorist is stopped for a traffic violation the device detects alcohol in the air and alerts the officer to suspicion of driving under the influence.

The flashlights have been used in Livermore California and are beginning to see wider acceptance. The sensor has a color-based measurement scale that goes from green to red depending on the amount of alcohol detected. A Livermore officer says they are a great tool for California DUI enforcement, when used properly.

The California Vehicle Code, however, clearly states that a law enforcement officer requires the permission of the driver to take a preliminary alcohol test. Typically a portable breath test device is used when drunk driving in California is suspected. The American Civil Liberties Union and other critics say the special alcohol detecting flashlights infringe on an individual’s rights. They clarify that the device only tests the ambient air, meaning that a completely sober person, like a designated driver, could be forced to undergo further tests and even be arrested for CA DUI.

Police say the flashlight is just another tool. When alcohol is detected, the officer is supposed to perform additional investigative techniques, such as conducting a field sobriety tests or taking a breath or blood sample.

Traffic injuries attributable to California DUI in Alameda County are down 10% over the past five years.

Are you searching for an Alameda, CA DUI lawyer?

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Moviemaker Jon Peters in Violation of California DUI Parole

Jon PetersHollywood producer Jon Peters has been ordered to appear in court after reportedly not completing the terms of his California DUI parole. Peters was charged with drunk driving in Ventura County, California in February 2006 after being found asleep in his vehicle. He pleaded no contest and was ordered to complete an alcohol awareness program, regularly report to a probation officer and perform community service.

Peters was to work with the charity Homeboy Industries, which helps gang members rehabilitate after a prison sentence. While a proof of completion for 40 hours of community service was submitted to the court, when Homeboy Industries was contacted, they were only able to confirm 4 hours of involvement.

Peters has been ordered to appear in the Ventura County Court on January 16, 2009. The length of his probation for the 2006 CA DUI was three years, so he could be sent to prison under a parole violation.

Peters produced ‘Superman Returns’ and is the former lover of Barbra Streisand. A spokesperson for Peters was not available for comment.

If you or a friend have been charged with drunk driving in Ventura County you will need to hire a DUI lawyer in Southern California for representation on your DUI charge and DMV hearing.

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No California DUI Arrests During ‘Causeway Classic’

Avoid The EightLaw enforcement agencies from Yolo County and the Sacramento area joined forces in a saturation patrol last Saturday. Their target was motorists suspected of California DUI during the annual ‘Causeway Classic’ football game. Officers stopped 116 motorists. They had 5 drivers perform field sobriety tests, though no one was arrested for drunk driving in California. Twelve citations were issued for safety and vehicle code violations.

The campaign was part of the ‘Avoid the Eight’ program funded by the California Office of Traffic Safety and the National Highway Traffic Safety Administration.

If you or a friend have been arrested for drunk driving in Northern California you will need to hire a Northern California DUI lawyer for representation on your drunk driving charge and DMV hearing.

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California Law Enforcement to Have Intensive DUI Patrols During Causeway Classic

California DUI PatrolThe city of Davis will be drawing crowds this Saturday for the Causeway Classic between UC Davis Aggies and Sacramento State Hornets. The ‘Avoid the Eight’ DUI Enforcement Task Force will also be out in big numbers looking for motorists suspected of drunk driving in California.

Law enforcement agencies will be joining forces for intensive CA DUI saturation patrols between noon and 6:00 pm Saturday. Included are officers from the California Highway Patrol, Yolo County Sheriff’s Department and Yolo County Probation Department, local police departments from Davis, West Sacramento, Sacramento, Winters and Woodland, as well as the UC Davis police department.

The ‘Avoid the Eight’ campaigns are aimed at warning motorists to avoid drinking and driving with a blood-alcohol content over the legal limit of .08%. The programs are funded by grants from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

If you have been arrested for drunk driving in California you need to hire a DUI lawyer in California to represent you on your drunk driving charge and DMV hearing.

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California DUI Applies to Bicyclists

The law states that bicyclists are subject to the same rights as other vehicles, which conversely means they are subject to the same penalties, including DUI in California. The California Vehicle Code states that it is unlawful for a person to ride a bicycle on a highway while under the influence of alcohol or any drug.

As with a motorized vehicle, a first time DUI offense is typically filed as a misdemeanor. The penalties can include fines and mandatory community service. If convicted, a bicycle DUI in California will remain on a person’s Department of Motor Vehicles driving record for three years.

If you have been charged with driving under the influence in California you need to hire an experienced CA DUI Lawyer.

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Immigration and Criminal Law Specialist

Criminal lawyers must have a good understanding of immigration law to protect their clients.  Failure of a criminal lawyer to fully understand the consequences of a criminal plea can lead to disastrous immigration consequences.    A person can legally be in the United States, even possess a resident alien card, (Green Card), and still find themselves in removal (deportation) proceedings.   Unless a person is a United States citizen, a conviction, even for the most minor crimes can cause serious immigration consequences.  One example of this is driving without a drivers license.

Driving without a license, in violation of California Vehicle Code 12500, can be charged as either a misdemeanor or an infraction.  If it is a misdemeanor, it can lead to an immigrants removal from the United States.   Before you say, just get a license, keep in mind this may not be possible. Depending on the persons status they may or may not be able to get a license.

Here is a couple of situations where this can occur:

A person can legally be in the United States pursuant to Temporary Protected Status-  These regulations can be found in 8 C.F.R. § 244.   Under TPS, if a person is convicted of two misdemeanors, they can lose this status.  Therefore, getting convicted twice of driving without a license could result is the status being revoked, and the immigrant being removed from the country.

Also, if a person does not have any legal status, and they are arrested for driving without a license, they could find themselves in county jail, with an immigration hold.  This could also lead to their removal from the country.

The best solution in these situations is to consult an immigration attorney BEFORE taking any sort of plea to any type of criminal case.

The Law Offices of Craig Renetzky is one of only a few firms in California with experts in the area of both criminal and immigration law.  For a free consultation fill out our online form.

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