California DUI Attorney

SANTA MARIA, California — Santa Maria Police Department conducted yet another unconstitutional and illegal DUI / Driver’s license checkpoint as part of California Office of Traffic Safety’s (OTS) “Year of the Checkpoint” campaign for 2010. The Santa Maria checkpoint was only one of more than 2500 (ostensibly) OTS-funded checkpoints which are due to be carried out within the state of California during 2010. (Following the money trail, the funding actually traces back to the National Highway Traffic Safety Administration (NHTSA), which is an agency under the federal Department of Transportation (DOT), which is a cabinet position under the President of the United States.) If OTS’s “Year of the Checkpoint” campaign is successfully carried out, then California drivers will endure more than 208 of these unconstitutional / illegal checkpoints per month. “To my knowledge, California conducts more checkpoints than any other state,” said OTS Director Christopher J. Murphy. While DUI checkpoints were officially (if unconstitutionally) sanctioned by the Supreme Court’s Michigan vs. Sitz case, driver’s license checkpoints were not. However, a quick survey of police department websites reveals that most DUI / sobriety checkpoints are dual purpose; that is, police officers regularly check for driver’s licenses in addition to checking for driver impairment. Even though driver’s license checkpoints are not legal according to case law, most drivers are unaware of this fact and so the …

Understanding Felony and Misdemeanor DUI in California. Welcome everyone to the DUI Minute, a series of educational videos brought to you by San Diego Defenders. Hi I’m Dan Smith, your host, the supervising attorney for San Diego Defenders, and I want to remind you that today’s video is not to be construed as legal advice but merely as pointers to help you navigate through the DUI process. Today’s subject is what is the difference between a felony DUI and a misdemeanor DUI? Well to start with, a felony DUI is more serious and it sounds more serious. Generally speaking if you’re driving under the influence or driving with a greater then .08 blood alcohol content and you get into an accident for instance and somebody gets hauled off in the ambulance, generally speaking that is going to be charged as a felony DUI. I can give you another example: I had a client that was driving along and hit a parked car that was while the individual was changing his tire. The individual got a scrape above his eye, had to be hauled off, and got a couple stitches. That constituted an injury. If it’s a DUI with injury generally it will be charged as a felony. The second most common area that you will see a felony DUI charge is when you get to your fourth DUI; it’s not a place that you want to be in. But after you get past your third DUI the state can charge your fourth DUI as a felony, and they will be looking for prison time. A misdemeanor DUI again is your typical DUI you hear about from your …

Shouse Law Group www.southern-california-dui-defense.com Ifyou’ve been arrested for drunk driving or a DUI-related offense, please join us for a free case evaluation before making any decision to plead guilty. Call us to set up an appointment with an expert DUI lawyer or submit a DUI Intake Form online. If you or a loved one faces misdemeanor or felony charges, contact our Los Angeles criminal attorneys for help. We would be glad to meet with you for a free consultation at one of our local offices in Los Angeles, Van Nuys, Pasadena, Long Beach, Orange County, Rancho Cucamonga, San Bernardino or Riverside. Call us at (888) 327-4652