Many of our clients claim that they were never given the opportunity to have a lawyer present during their DUI stop and therefore had their constitutional rights violated. Unfortunately, previous case law carves out an exception for those stopped for a DUI, and in many situations a person does not…
It is the officer’s job to gather evidence for a DUI case from the moment a person is stopped on the suspicion of being under the influence. They administer Blood Alcohol screening tests and prepare a report outlining observations that led to the belief of intoxication. The blood or breath…
When the Officer’s report is presented as evidence in court, it is generally weighed with greater credibility than that of the driver in a DUI case. There are several different factors that lead the Judge and Prosecution to believe that the officer’s account of the arrest holds higher validity than…
Many of our clients inform us that the police did not read them their Miranda Rights when stopped for a DUI. Unfortunately, when stopped on the suspicion of a DUI, the arresting officer is not required to read you your rights. This procedure is only specific to DUI cases, and…
When many of our clients are arrested for a DUI, they are not given a specific reason for being stopped. When a cop pulls you over, he must have a valid reason for doing so. Furthermore, if an alcohol screening test is administered, he must have probable cause. When a…
California Health and Safety Code §11350 makes it unlawful for any person to be in possession of a controlled substance. Controlled substances are those listed under California Health and Safety Code §§ 11054 and 11055. These sections include the majority of common recreational or “street” drugs like heroin, cocaine, methamphetamines,…
California Vehicle Code §23152(a) regulates Driving under the Influence of drugs (DUID). This same section also makes it unlawful to be driving under the influence of alcohol. Despite being charged under the same section, both types of cases invoke different arguments and defenses. Someone is considered to be intoxicated for…
California Health and Safety Code §11359 makes it unlawful to “possess for sale, any marijuana, except as otherwise provided by law”. The section is exclusively for possession for sale of marijuana, all other controlled substances and narcotics are regulated by California Health and Safety Code § 11351. There is no…
A possession of drugs for sale charge is regulated by California Health and Safety Code §11351. The section makes it unlawful for anyone to possess for sale, or purchase for sale any type of controlled substance or narcotic. These include the popular PCP, Cocaine, Heroin, Methamphetaminessand certain depressants and opiates.…
Plea Bargaining is a useful tool in many different criminal cases. A plea bargain is essentially an offer made by prosecution. If you agree to plead guilty prosecution will agree to give you a lesser charge and consequently a lesser penalty. In drug possession cases, plea bargaining can have beneficial…