Mr. Tev, while intoxicated, was driving his vehicle on the wrong side of the road at a high rate of speed. He crashed head-on into a car traveling on the road, killing the driver of that vehicle. Mr. Tev was charged with second-degree murder among other offenses. Mr. Tev had…
Articles Posted in DUI
THE FINAL WORD IS IN: MISDEMEANOR DIVERSION IS NOT AVAILABLE FOR DUI DEFENDANTS
On again, off again. There has been much confusion surrounding diversion for misdemeanor DUIs. You may have read my earlier post where I discussed the differing opinions in the county superior courts. If not, a brief recap is as follows: On January 1, 2021, a new law took effect which…
WHAT HAPPENS IF I AM ARRESTED FOR DUI WHILE ON A NON-IMMIGRANT VISA?
For foreign nationals living or visiting the United States on a temporary basis, a DUI arrest has consequences that may affect the individual’s right to enter the U.S. in the future. A non-immigrant visa holder faces the same legal consequences that citizen or permanent resident faces after DUI arrest, but…
REASONABLE SUSPICION STANDARD ON A DUI TRAFFIC STOP
Driving on a residential road, Ms. Binkowski approached a stop sign. She stopped, but her front tires were slightly over the limit line. A patrol officer observed this violation of Vehicle Code section 22450, which requires a driver approaching a stop sign to stop at the limit line. (Bet many…
CAN YOUR SELF-DRIVING CAR BE YOUR DESIGNATED DRIVER?
Several years ago when self-driving cars were still in the experimentation phase, I wrote a blog speculating on the effect self-driving cars may have on DUI laws. Now that self-driving cars are becoming more commonplace, especially in Southern California, we are about to find out. I have an acquaintance who…
Is Penal Code Section 1001.95 Diversion Available to DUI Defendants?
In September 2020 Assembly Bill 3234 was enacted adding Penal Code section 1001.95 to California law. Section 1001.95 became law on January 1, 2021. Section 1001.95 allows a judge, at his or her discretion, to order a pretrial grant of diversion to a defendant charged with a misdemeanor. The diversion…
ATTEMPTED DUI
Yes, Virginia, there is such a crime. After leaving a bar, Mitch found his car had a flat tire. Although he was somewhat inebriated after drinking three beers, he was able to jack up his car, remove the lug nuts and replace the flat tire with his spare. As…
DUI DIVERSION PROGRAM FOR ENLISTED MILITARY AND VETERANS
Military veterans arrested on a first-time DUI may be eligible for what is billed as a “therapeutic and support” alternative to the criminal proceedings that usually accompany a charge of driving under the influence (or alcohol or drugs). This alternative is codified into California law under Penal Code section 1001.80…
DUI ARRESTS ARE UP DURING THE YEAR OF COVID
According to the National Highway Traffic Safety Administration, drunk driving is responsible for approximately one-third of all traffic fatalities on our nation’s roads. In recent years, around 10,500 people lose their lives due to a traffic fatality involving a drunk driver. This does not even take into account fatalities that…
WHEN RESTITUTION IS ORDERED AS PART OF A DUI CONVICTION
Most Californians are aware that a DUI conviction costs more than just attorney fees and the fines and fees levied by the court. After a DUI conviction, insurance rates are bound to increase, there are costs associated with the installation and maintenance of an Ignition Interlock Device, DMV fees, and…