by Denis Honeychurch | Mar 25, 2020 | Drunk Driving
Overview of DMV Administrative Per Se Hearings Following a DUI Arrest When a driver is arrested for a DUI, within 10 days they may request what is called an “Administrative Per Se” (APS) hearing with the California DMV to challenge the legitimacy of the...
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 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...
by Denis Honeychurch | Nov 21, 2017 | Drunk Driving, Misdemeanors
As of September 28, 2016, Governor Brown approved a new regime governing restricted licenses in DUI cases. Currently, for a first time DUI, there is a mandatory “hard” suspension period of 30 days, after which the driver can apply for a restricted license...