A second DUI conviction in California is treated as a substantially more serious matter than a first — under Vehicle Code § 23540, the enhanced penalty structure includes mandatory minimum jail time, longer probation, an 18-month DUI program, automatic ignition interlock requirements, and a license revocation that can run two years. But the threshold question…
A parked car DUI in California is one of the most misunderstood scenarios in criminal defense law — both by the public and by other jurisdictions’ frameworks that get cited as if they applied here. The short answer is that California is one of only a handful of states that does not allow a DUI…
A first-time DUI in California is a misdemeanor under Vehicle Code § 23152, punishable by up to six months in county jail, a base statutory fine of $390 to $1,000 (with assessments typically inflating the actual paid amount to roughly $2,500 to $3,500), a four-month Administrative Per Se license suspension under VC § 13353.2 running…
A DMV hearing after a DUI arrest is one of the most procedurally distinctive proceedings in California law. It is administrative rather than criminal. The decisionmaker is a DMV employee rather than a judge. The standard of proof is preponderance of the evidence rather than beyond a reasonable doubt. The rules of evidence are relaxed….
You took the medication your doctor prescribed, at the dose your doctor told you to take, and you were still arrested for driving under the influence. That is not a misunderstanding the law will fix on its own — California can and does charge drivers who are impaired by lawfully prescribed medication. But it is…
When a DUI accident hurts someone — a passenger in the car, another driver, a pedestrian, a cyclist — the case is treated under a different law than a regular DUI. California Vehicle Code § 23153 applies, and the same drunk driving that would otherwise be a misdemeanor can now be filed as a felony…
If you’ve been arrested for a drug DUI in Murrieta, Temecula, or anywhere in Southwest Riverside County, your case will be handled at the Southwest Justice Center and prosecuted by the Riverside County District Attorney’s office — and the most important thing to understand is something that works in your favor: California has no legal…
If you were pulled over and arrested for DUI anywhere in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, or French Valley, there is a good chance the police report describes you as having displayed the “objective symptoms of intoxication.” It is one of the most common phrases in a California DUI report —…
We have written posts on this blog before questioning whether DUI checkpoints are worth it. These setups are expensive, involve many officers and, it could be argued that they violate the rights of many innocent people who are not suspected of committing any crime. Are they worth all the time and effort? What prompts us…
Drivers beware: Law enforcement agencies throughout Riverside County are conducting extra DUI enforcement this Winter. One of these DUI sweeps has already occurred.The Press-Enterprise reported that between Friday, Dec. 13 and Thursday, Dec. 19, 2013, law enforcement officers arrested 250 people for suspicion of driving while intoxicated. It isn’t yet known how many of those…
Several dozen people were cited or arrested after officers from the Lake Elsinore Police Department conducted a drivers’ license/DUI checkpoint the night between Friday, Sept. 20 and Saturday, Sept. 21. Officers stationed themselves at the intersection of State Highway 74 and the El Toro cutoff in Lake Elsinore between 7 p.m. and 2 a.m. Some…
Many of my clients are embarrassed and ashamed after receiving a DUI. Most have never been through an arrest before, and many are unsure what to do next. You need to release those feelings as soon as possible and turn your attention to ensuring the best possible outcome from here. As an experienced and proven…
If you or a loved one is facing criminal charges in Southwest Riverside County, time is critical. Contact the Law Office of Nic Cocis today for a free, no-obligation case evaluation.
