by Denis Honeychurch | Sep 4, 2018 | Drunk Driving
DUIs Require that “Driving” be Proven Driving Under the Influence of Alcohol or With a 0.08 Percent or Higher Blood Alcohol Content, are described by Vehicle Code section 23152, subsections (a) and (b) respectively. Cal. Vehicle Code § 23152(a)-(b)....
by Denis Honeychurch | Feb 9, 2018 | Domestic Violence, Drunk Driving, Felonies, Firearms, Juvenile, Misdemeanors, Three Strikes, Traffic Cases
Almost all states, as well as the Federal Government, have codified their criminal laws into statutes that one can refer to in text form. The Courts interpret the statutes and determine the intent of the Legislature, and, when the statutes are challenged as...
by Denis Honeychurch | Jan 30, 2018 | Domestic Violence, Drunk Driving, Felonies, Misdemeanors
Generally, a criminal defendant must be personally present in felony cases. Cal. Penal Code § 977(b). However, this general rule does not apply in most misdemeanor cases, and the defense attorney may appear on their client’s behalf. See Cal. Penal Code § 977(a)...
by Denis Honeychurch | Dec 21, 2017 | Drunk Driving, Felonies, Misdemeanors, Traffic Cases
DUI Blood Draws Justified on grounds of Exigent Circumstances under the Schmerber and McNeely decisions. In Schmerber v. California (1966) 384 U.S. 757, the US Supreme Court determined that a warrantless compulsory seizure of blood for the purpose of a...
by Denis Honeychurch | Dec 11, 2017 | Drunk Driving, Expungements, Misdemeanors
California Voter’s approved recreational marijuana for statewide use last November 2016 with Proposition 64. What many may not know is that the passage of the Proposition is that the law was changed not just to allow future use and possession/ cultivation of...
by Denis Honeychurch | Dec 8, 2017 | Drunk Driving, Felonies, Misdemeanors, Traffic Cases
Holiday season means DUI checkpoints increase across the State of California. DUI checkpoints are legal and police may use them in an effort to protect public safety, if they follow certain guidelines in setting up and operating the checkpoint. Vehicle Checkpoints and...