DUI - Page 5

Many drivers in California know that they cannot drink alcohol and operate a vehicle legally. But what about just having a drink in your car if you aren’t driving? Are you allowed to drink in your car if it’s turned off? Legally, you are able to drink alcohol in a vehicle that isn’t running. However, you should know that police officers may conclude that you were previously drinking and driving...

How do you write a motion to dismiss charges for driving under the influence (DUI) in California? Writing your own motion to dismiss may get complicated. However, you can write this motion if you include: An introduction An accurate narrative regarding your charges Reasons for your charges to get dismissed Information about relevant laws You can write a motion to dismiss if you are representing yourself in California. You can...

How long do you have to file a response to a motion in California? Generally, the court gives you 15 days to serve and file an opposition to a motion. After these 15 days expire, you may no longer oppose a motion in court in California. This applies to individuals accused of a crime as well as the prosecution. A lawyer can file multiple motions for you if you are...

Is a deadly accident caused by drunk driving considered involuntary manslaughter in California? The state of California uses specific legal codes to handle fatal drunk driving accidents. You will not face “normal” involuntary manslaughter charges. Instead, you could face charges under: Penal Code Section 191.5(a) Penal Code Section 191.5(b) These charges could lead to years of time in jail, fines, and other penalties. Find out how vehicular manslaughter charges differ...

What does an order denying a motion to suppress mean in California? Generally, this kind of order means that the court will not block evidence against you. The prosecution may continue to use this evidence to build their case. A lawyer can help you file a motion to suppress evidence in California. Your lawyer can also continue working on your defense if you receive an order denying a motion to...

When can a motion to dismiss be filed in California? In many cases, a lawyer may file your motion to dismiss at any point in your criminal case. However, these motions are generally filed early after you are arrested. You can learn about the best time to file a motion to dismiss in this article. You can also review the uses of a motion to dismiss in California. Consider how...

Why shouldn’t you drive after taking Ambien? Ambien is a sleep medication used by many people in California. This medication may make you drowsy and it could reduce your ability to safely operate a vehicle. This could result in an accident or even a ticket for driving under the influence of drugs (DUID). You can learn more about the effects of driving after taking Ambien in this article. Find out...

You may accept a “wet” reckless plea bargain after you are charged with driving under the influence (DUI) in California. A wet reckless charge may come with less serious penalties. However, it still has effects on your life. Many drivers wonder if a wet reckless affects employment, for example. Any criminal conviction could impact your employment. Accepting a plea bargain counts as a conviction on your record. However, a wet...

Were you offered a plea bargain after an arrest for driving under the influence (DUI) in California? In this situation, you may wonder about the purpose of a plea bargain. These deals are designed to end your criminal case. They require you to plead guilty or no contest to a lesser charge, and they could reduce the penalties you’re facing. Plea bargains resolve many DUI cases in California. Find out...

Many drivers in California wonder about the differences between “dry” reckless and “wet” reckless charges. How do these charges compare to one another? Both dry and wet reckless charges lead to the same penalties. However, wet reckless charges are “priorable” and dry reckless charges are not. Learn more about the effects of dry and wet reckless charges right here. Find out how these charges are tied to driving under the...