Joshua Glotzer is a well-recognized and respected criminal defense attorney who has successfully defended numerous difficult and high-profile cases, garnering positive attention from Southern California news outlets like ABC 7 News. Visit http://www.socalcriminallawyer.com/ to connect with Attorney Glotzer.
As many people watched the Netflix documentary “Making a Murderer” about the murder trials of Steven Avery and his 16 year old nephew Brendan Dassey, it becomes apparent that a statement or “confession” made to the police can often times be a mountain too high
'DUI Saturation Patrols' under way Lompoc Record Officers from the Lompoc Police Department are taking part in a special campaign to stop and arrest alcohol and drug-impaired drivers.
Joshua Glotzer's insight:
It appears the fight against drunk drivers in California including Los Angeles, Orange and Ventura Counties, while it obviously has its advantages to society, does bring up legal issues which citizens should be aware of especially if you intend to have only 1 drink and drive.
1. Defending A DUI Criminal Case in Court and with the DMV
It is always prudent to hire an experience DUI Criminal Defense Attorney in order to obtain the best representation for persons accused of misdemeanor and felony DUI offenses. Whenever a person is accused of a DUI, a corresponding DMV license suspension hearing is automatically triggered. As such, persons arrested for DUI need an attorney who can competently guide them through the criminal proceeding and the DMV proceedings in order to ensure your chances of maintaining your driving privileges.
Clearly, when one is accused of a DUI, you always want to obtain a dismissal and/or reduction in charges in both felony and misdemeanor DUI cases. When defending against Drunk Driving charges both in court and DMV hearings most experienced DUI Criminal Defense Attorneys employ a respected forensic toxicologist who has succeeded in providing expert testimony to discredit and challenge all technical issues involved in the successful defense of a DUI case. Along with employing an expert toxicologist to assist in uncovering defenses in DUI matters, DUI attorneys can successfully defend drunk driving cases by challenging the treatment of persons arrested in such matters on constitutional grounds. A person accused of such offenses should always seek advice of a competent defense attorney in order to obtain the best possible result in a DUI/Drunk Driving case.
In the majority of DUI cases, the criminal charges will include two offenses (1) driving while under the influence of alcohol and (2) driving with a .08% or higher blood-alcohol concentration. A person charged with both offenses can be convicted of both but only punished for one. The penalties for the two charges are identical. If you are charged with refusingto take the test you will be charged with driving under the influence and an additional enhancement charge of refusal to take a chemical test. As discussed above, along with the criminal proceeding, you will be subject to a DMV administrative license suspension hearing for either having a blood alcohol level of .08% or higher or refusing to take the chemical test at the time of arrest.
2. Penalties for DUI in California
Under the existing California DUI Sentencing Law, a person convicted of a first offense may be sentenced to jail up to a maximum of 6 months. The fine and penalty assessments in a first offense will usually amount to over $1,500.00 depending upon the jurisdiction in California. Further, along with the DMV, the Court can impose a 6 month license suspension. Moreover, a DUI sentence will include a mandatory attendance of 3 months of DUI classes which could be increased for high levels of blood alcohol at the time of arrest. A court may also have the discretion to require an ignition interlock device, attendance at AA meetings, attendance at a MAAD meeting and additional community service.
Persons arrested for DUI may also be exposed for increased penalties if certain enhancements are charged and proved. Increased penalties may be imposed if person was driving in excess of 20 MPH over the speed limit, refused to take a chemical test, had a child under 14 in the car or having on or more prior convictions within 10 years of the current offense. If the prosecution can prove an intentional refusal, a person’s driver’s license is suspended for one year and there is no possibility of obtaining a restricted license within that year. Moreover, a refusal may expose a person to mandatory jail time. A speed enhancement can carry a minimum of a 60-day jail enhancement. In addition, prior convictions can increase jail time and when three or more prior convictions are involved, a person may be charged with a felony and exposed to time in state prison.
On a first offense, the DMV may impose a 4 month license suspension upon proof at a hearing that a driver had a blood alcohol concentration of .08 or higher. It is imperative that within 10 days of being arrested, you must contact the DMV and request a “stay” and “hearing” on your license suspension in order to obtain a temporary license until your attorney can successfully defend you at the later DMV hearing. In order to avoid jeopardizing your chances of avoiding unnecessary penalties and suspensions, we recommend that you contact an experienced criminal defense attorney immediately so that you may start the necessary steps to protect your rights after an arrest. The smartest thing to do after being arrested for DUI or any criminal defense is to contact an attorney with 24 hours of such arrest.
See the Automobile Clubs (AAA) site for an overview of the DUI Laws and Penalties including issues regarding license suspension.
A Bakersfield man was sentenced to 13 years in prison for a drunk-driving crash that killed a small child and another passenger. On Thursday, Lonnie Haynes, 26, was sentenced after taking a plea deal in the case.
Joshua Glotzer's insight:
In most cases where a person pleads guilty to a DUI or similar alcohol related driving offense including pleas of guilty or no contest to Wet Reckless charges, a Judge will remind a person that if a person kills another while driving under the influence they can be charged with murder. Such warning is not only true but probably the single greatest reason that DUI laws in the United States including California are so stringent.
If you kill a person while driving under the influence in California, you can be charged with Second Degree Murder commonly known as a "Watson Murder." Under a Second Degree Murder charge, a person is accused of intentionally committing a dangerous act with knowledge of the danger to, and with conscious disregard for, human life. This implied malice is set forth in California Penal Code section 187 as an alternative means of finding intent for murder. If convicted of Second Degree Murder in California, a person faces up to 15 years to life in prison pursuant to Penal Code section 190(a).
Depending on the circumstances of and egregiousness of the accident, prosecutors do have the option of charging a person with Vehicular Manslaughter which carries a sentence as low as 1 year in County Jail or up to 6 years in state prison for vehicular manslaughter convictions involving gross negligence under California Penal Code section 191.5. A person accussed of such a serious crime, should always attempt to consult with and/or retain an experienced Criminal Defense Attorney.
CBS News Rihanna and Chris Brown reunite, cozy up at the Grammys CBS News CBSNews.com; /; CBS Evening News; /; CBS This Morning; /; 48 Hours; /; 60 Minutes; /; Sunday Morning; /; Face the Nation · Video · US · World · Politics · Entertainment ·...
It seems that Rihanna has more than forgiven Chris Brown and they are not only allowed to have contact with each other pursuant to an amended protective order in Chris Brown's felony domestic violence case but they are also allowed to have a relationship. Chris Brown may have had a very good Criminal Defense Attorney in Los Angeles to help him get his charges resolved from what looked like a possible prison term to no jail time but the average person facing such charges can also seek out a competent criminal defense attorney to resolve similar felony and/or misdemeanor domestic violence and assault charges.
Under California Penal Code section 273.5, a person a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.
Depending on the seriousness of the injury to the alleged victim of domestic abuse, the District Attoreny can charge a domestic violence case as either a misdemeanor or felony. A compentent Criminal Defense Attorney can explore many avenues not only to get criminal charges dismissed but also get a serious felony charges reduced from a felony to a misdemeanor.
Many times a good Criminal Defense Lawyer can take very serious domestic violence charges where a defendant is looking at jail or even prison time and have the charge reduced to a misdmeanor and work out a plea bargain with a District Attorney. Many instances a plea bargain will include domestic violence classes, anger management classes and/or parenting classes in lieu of jail or prison time.
In addition, on many occasions, the Court will allow a spouse or cohabitant to have contact with the Defendant spouse or cohabitant but a person facing such situation should first contact and consult with a compentent Criminal Defense Attorney to avoid being found in violation of any Court stay away orders.
Domestic violence and related assault charges are very serious and tough to face unless you find a competent Criminal Defense Attorney to defend you and let you know all the avenues you have to successfully defend against criminal misdemeanor or felony charges.
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