Dmv Dui

Who has burden in DMV Hearings

Who has burden in DMV Hearings

The DMV has the burden of proof in the Administrative Per Se (APS) hearing. The burden of proof is that there is more evidence weighted towards driving under the influence of alcohol than not. State law has mandated that the burden rests with the DMV to justify its order of suspension.
There are only 3 issues that are legally relevant in an APS hearing. The DMV must prevail on all 3 issues. Thus, if the DMV meets the burden of proof on only 2 of the issues, the DMV must set aside the license suspension. The issues are:
1. Did the officer have reasonable cause to believe the individual was driving a vehicle in violation of California Vehicle Code Sections 23152 or 23153?
2. Was the defendant lawfully arrested?
3. Was the defendant driving a vehicle with a BAC of .08% or over?
The DMV relies on the paperwork submitted to it by the police who made the DUI arrest. The paperwork is on preprinted forms which the officer fills out, detailing the specific facts of the arrest. The information detailed includes the date and time of arrest, the probable cause to stop and detain the defendant, and the specific facts which support a finding of intoxication. If probable cause exists, then the arrest was justified. There are four areas which are often cited to support a finding of intoxication, that make up the probable cause determination needed to justify the license suspension
1. Driving pattern
2. Physical appearance
3. Performance on field sobriety tests (FST’s)
4. Results of chemical tests.
The DMV makes a prima facie showing at the APS hearing that the defendant drove with a BAC at or above .08%. Once the DMV makes such a showing, then the burden shifts to the defendant to dispute that showing. If the preponderance of the evidence supports a finding of intoxication, then the DMV has successfully met its burden of proof. The DMV may do this by showing that any person arrested for driving under the influence:
• Takes a breath test which shows a Blood Alcohol Concentrate (BAC) of 0.08% or more OR 0.05% or more if under age 21, or
• Takes a blood or urine test and the officer believes that the driver is at or above the 0.08% BAC OR 0.05% if under age 21, or
• Refuses to take or fails to complete a blood, breath or urine test of his or her BAC.

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California Dui Laws

California Dui Expungement: What are the Benefits?

If you’re arrested and charged with a DUI in the state of California, it is highly likely that the incident will go on your criminal record, or “rap sheet”. However, there is the possibility that you can get a DUI charged expunged. An expungement has different definitions in every state, but generally it is a formal process of deleting or clearing a DUI charge from your record. However, due to the drunk driving laws being different in each state, it’s important to consult with a drunk driving defense attorney to get help with your DUI case.

In the state of California you can get the DUI charge expunged after completion of probation. However, keep in mind that a DUI charge or conviction in California will not necessarily be removed permanently from your criminal record. Furthermore, if you have a second DUI charge within ten years, the first DUI incident could still be used as prior conviction. For example, if DUI #1 is expunged but later the person is charged with another DUI (#2), it will still be considered a second offense.

Benefits of a DUI Expungement in California

So what then are the benefits of a DUI expungement if it can’t be completely removed from your record?

1. The current case will be dismissed by the court

2. You do not have disclose the DUI charge when applying for a job with a private employer. However, if applying for any government or state-related position, it must be disclosed.

Lawrence Taylor, California DUI Attorney Interview (6 of 13)

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California Drunk Driving

How Effective is the Ignition Interlock Device in Preventing Drunk Driving?

Over the past few decades there have been many preventive measures implemented to reduce the risks of drunk driving. The courts and motor vehicle departments have used traditional countermeasures such as fines, jail terms, and license suspensions to control drunk driving offenders. Now there are instruments like the ignition interlock device (IID) that are being used as punishment. However, the question that lawmakers have been asking is: How effective is the IID? Has it indeed lowered the reoccurrences of drunk driving in repeat offenders?

IIDs are instruments installed in automobiles that measure the alcohol on a driver’s breath. The driver provides a breath sample and if the IID detects alcohol, the car will not start. IIDs were developed and have been researched since the 1960s, however, it wasn’t until recently that these instruments have been used and accepted by the courts. California was the first state to enact legislation that authorized judges to order DUI offenders to install IIDs. California was also the first state in which the ignition interlock program was evaluated.

There have been a few studies in various states to determine whether or not IIDs are effective in reducing DUIs. The results of these studies have been mixed, although most of the results suggested that IIDs have reduced DUI reoccurrences in offenders. That’s only if the instrument remains in the car. However, once the IID is removed from the car, the chances of another DUI incident occurring goes back up. This suggests that IIDs are not going to actually change people’s behavior. It only prevents them from driving their own car when they’re drunk. They’re going to continue to drink whether or not the instrument is installed.

In September 2005 a study released by the Department of Motor Vehicles (DMV) in California concluded that IIDs can be effective at reducing the occurrence of subsequent DUIs. Unfortunately, judges have not always ordered DUI offenders to install an IID in their car. Technically, the IID is effective, but it’s the actual program that is not effective.

Based on the results of this September 2005 study, the researchers offered these recommendations to improve the program:

1. An improved monitoring system for DUI offenders ordered by judges to install an IID. It’s important for the courts to be consistent because installing the device does have a significant effect in reducing DUIs.

2. Allow second DUI offenders the chance to reinstate their driver’s license if they install the IID in their vehicle. This gives repeat offenders incentive to put in the device if the court does not mandate it. Another way to encourage offenders to install an IID is to reduce the period of license suspension.

3. Impound the vehicle of a person who is caught without an IID in their car. This applies to those people restricted to driving an IID-equipped vehicle.

4. Investigate the barriers to the use of the IID and find more effective programs to implement these devices. The DMV should have the responsibility of leading this task force and finding the resources to fund it.

5. Do not emphasize the use of the IID for first-time offenders. Currently there is no evidence that the device is effective at reducing the reoccurrence of a DUI in first-time offenders.

6. Continue to support the law that requires judges to order DUI offenders to install the IID in their vehicle.

The ignition interlock device is not going to be the key to completely wipe out drunk driving. However, preventative measures combined with consistent action is a step in the right direction.

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California Dui Defense

Considerations in Finding the Best California DUI Attorney

You know that your state has a law regarding traffic rules and regulations which all drivers and car owners need to follow. These laws should not be taken for granted for you will face a lot of problems if you have violated any of these laws. If you happen to be arrested because of DUI in California, you need a California DUI Attorney who will help you come out in your case. Some of the punishments you will face upon your conviction are stiff fines, suspension of your driver’s license and even jail time depending on the damage you have caused. All of these will be handled by your California DUI Attorney and so worry no more.

Although it is very embarrassing to be convicted with DUI and there is a big possibility that you will have difficulty in finding a future job because of this, your DUI Attorney will make it easier for you to face such problems. This is why it is important for you to find a dependable DUI Attorney who has the ability to get you out of the case in the soonest possible time. But prior to your search of DUI Attorney in California, you should do some researching to make sure that you will be hiring the right person.

You should spend enough time in your search of California DUI Attorney. You should know that there are several DUI Attorneys who are serving in California but you cannot be sure that all of them can help you with your legal case. Thus you have to make sure that you will be getting the best DUI Attorney. It is not easy to face the charges against you and so you should have a good relationship with your DUI Attorney. This way you will build a solid defense against your case. Working with a person whom you are comfortable with will make things easier.

There are things you need to consider when you sought DUI Attorney ion your state. Some of the things you should bear in your mind are the number of cases the DUI Attorney has handled, the certifications and rewards he received, the duration of service of the DUI Attorney and the educational attainment of the DUI Attorney.

Since you are already facing a financial problem regarding your charges, you will surely prefer to work with DUI attorney that will fit your budget. But this does not mean that you will choose the least expensive DUI Attorney because this might not be the best DUI Attorney in your place.

Well it is not impossible for you to look California DUI Attorney which will not cost you too much. With the help of your internet, you can find the finest DUI Attorney serving in California who will be very happy to help you get out of your case. What is more exciting about this is that you can possibly find a California DUI Attorney who will be willing to evaluate your case for free. This is a great chance for you to save while getting the best DUI Attorney in town.

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California Dwi Laws

The Use of Medical Marijuana in California

At least one dozen states have laws legalizing the use of marijuana for medicinal purposes. In 1996, the people of California voted to pass Proposition 215, also known as the Compassionate Use Act of 1996. The act was codified as California Health and Safety Code 11362.5 which states that people have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician.

In California, the Medical Marijuana Program is operated at the county level, not the state level. In order to obtain a license, you must first find out if your county has any regulations that you must follow in order to obtain it. Typically, one will have to fill out a form and obtain a written recommendation from a physician. It is evident by doing a simple search in google that a medical marijuana license may be easier to obtain than expected. There are doctors that will provide a recommendation for a license for a mere $99.00.

Since the act was enacted, California has has a significant surge in medical marijuana dispensaries. So much so that just like some coffee shops have baristas, medical marijuana dispensaries have “cannabaristas.” At these dispensaries, a person with a medical marijuana license may purchase anything from multiple grades of herb to marijuana-infused candy bars
and baked goods.

It is important to know that although the law in California allows the use of medical marijuana, federal law still lists marijuana as an illegal narcotic. Many dispensaries have faced federal criminal charges as a result of federal law. However, with the election of President Obama, dispensary raids that were common during the Bush Administration, have ceased.

In California, the laws on penalties for possession of marijuana will differ depending on the quantity possessed. If you possess no more than 28.5 grams of marijuana, then there is a $100.00 fine. If you possess more than 28.5 grams of marijuana, then you may be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment. The charges filed, either a felony or a misdemeanor, will depend on the type of crime committed, the type of drug under possession, and the amount of the drug under possession. If you are a repeat offender, or if you have solicited to minors, you may be subject to enhanced criminal charges and sentencing.
There are seemingly infinite loopholes in the system that can be used against you. We strongly encourage you to be vigilant in the defense of your rights and take advantage of the benefit of an experienced and aggressive defense firm such as Sonia Pascher.

Collision Video – DWI’s To Blame

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California DUI/DWI Arrest Survival Guide James W. Harwood is a practicing criminal defense attorney licensed to practice in California. He earned a Bachelor of Arts degree from the University of Puget Sound, in Tacoma, Washington. He earned his Juris Doctor degree from the University of California, Hastings College of the Law, in San Francisco, California. Mr. Harwood appears on behalf of clients throughout the Bay Area and Mendocino Cou…

California DUI/DWI Arrest Survival Guide $16.95 James W. Harwood is a practicing criminal defense attorney licensed to practice in California. He earned a Bachelor of Arts degree from the University of Puget Sound, in Tacoma, Washington. He earned his Juris Doctor degree from the University of California, Hastings College of the Law, in San Francisco, California. Mr. Harwood appears on behalf of clients throughout the Bay Area and Mendocin…