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Law Offices of Jonthan Franklin - Blog
Sadly, accidents occur every time on our roads and can happen to anyone. However, what turns an accident into a criminal offense relates to how reckless the person was driving or whether he/she was under the influence of illegal drugs or alcohol. If you are under arrest or charged as a suspect in a DUI (driving under the influence) case that involves a fatal accident, the prosecutor could file Watson murder charges against you.
As the most grave DUI-related charge you can face on the Penal Code, a Watson murder charge could attract harsh and life-changing consequences upon conviction, including the possible life in jail. Because of this, hiring an experienced attorney would be a wise decision if you are under investigation or detained as a suspect in any Watson murder case. After all, your future and reputation are at stake.
Arrests by law enforcement usually cause panic. It will even be more overwhelming if you are a first-time arrestee. The situation is no different for persons apprehended for driving under the influence (DUI). However, you can deal with the arrest better when you understand the DUI court process, from arrest, arraignment, and DMV hearings to the jury trial. Discussed below is the court process for DUI offenses.
The court process for drinking and driving cases begins with traffic stops or a sobriety checkpoint. Typically, the process starts when an officer observes you violating traffic rules and pulls you over. The police stop you when you run a red light, weave lanes, speed, or operate a car with a defect. These driving patterns are objective intoxication signs. Other intoxication symptoms include having red-shot eyes, slurred speech, and an alcohol odor.
Gross vehicular manslaughter is a DUI homicide offense that occurs when you cause a fatal crash by operating a vehicle while intoxicated with drugs or alcohol. It requires your actions to be grossly negligent, making it a severely punished offense under the law. Under PC 191.5(a), the offense is a felony, attracting a maximum ten-year state prison sentence and a hefty court fine. It could also result in the suspension or revocation of your driver’s license and other life-changing consequences.
However, you can push for a favorable outcome in your case with the assistance of a skilled DUI attorney. Your attorney will advise you on your options, defend your rights, and offer legal representation. They will be by your side until you are satisfied with the outcome.
In California, operating a vehicle under the influence of alcohol or drugs while carrying a passenger younger than 14 years old attracts severe penalties. According to Vehicle Code section 23572, the consequences for a violation include additional jail time along with the standard penalties for driving under the influence in California.
You could also be charged with child endangerment, as any conduct endangering children's lives is considered child endangerment. Having a solid defense strategy can help you fight these charges. This article gives a detailed guide on DUI with a child under 14 in a car.
You may face severe conse͏quences if ͏you have been convicted of a DUI, including a͏n order to install an ignition interlock device (IID͏) inside your v͏ehicle.
However, w͏hat happens if you do not own the vehic͏l͏e? This is where a declaration of non͏-ownership of a vehicle comes in handy. With this declaration, you can assert that you do not own the vehicle involved in your DUI case, thereby influencing the court’s perception of your responsibility for the incident. Contact us if you need help fi͏lli͏ng or submitting this form.
After your driving under the influence (DUI) arrest, the police will request that you submit to chemical testing. If the blood alcohol content is at least 0.08%, you will face criminal charges and a Department of Motor Vehicles administrative hearing. The law enforcer will seize your license and issue you a notice to request your administrative hearing within ten days of the arrest. Unless you act fast, the DMV will withdraw your driving privileges. This article teaches you more about the hearing and how to win your hearing and keep your license.
Typically, a DUI conviction does not result in serious consequences for immigrants living in California. However, that can change under specific circumstances, including driving while under the influence with a minor under 14 in the car or driving while under the influence when you are an alcohol or drug addict. If your DUI conviction affects your immigration status, you could face deportation or be marked as inadmissible in the United States. That means losing everything you have worked hard for in America, including your family, friends, and property.
It helps to work closely with an experienced criminal attorney if you face DUI charges that could result in serious immigration consequences. A skilled attorney will find and use the best defense strategies to compel the judge to reduce or dismiss your charges for a more favorable outcome.
Enjoying a night out with friends or celebrating special occasions often involves socializing over a few drinks. While revelry is part of our culture, it is crucial to be mindful of the legal consequences that can follow if alcohol consumption leads to impaired driving.
Driving under the influence (DUI) charges can have serious and lasting repercussions, affecting everything from your driving record to your personal and professional life. In this article, we will share easy and practical tips to help you stay on the right side of the law and avoid the pitfalls of impaired driving.
Drunk driving is a severe offense under California law. You commit this offense when you operate a vehicle with a blood alcohol content that exceeds the legal limit or when your general conduct is impaired by alcohol or drug use. Since alcohol impairs a driver’s judgment, a drunk driver can potentially cause serious accidents and injuries to other road users.
Often, a DUI case will begin when a driver is topped by a traffic officer on suspicion of drunk driving. A driver’s conduct on the road may create a probable cause for the arrest. The officers will further assess the driver to find signs supporting probable cause for arrest.
Authorities are continually adapting technology to aid in the fight against drunken or drugged driving. To test for drugs in drivers' systems, mouth swab tests (MST) were introduced after police officers became concerned about the rise in incidents of drivers operating cars while under the influence of marijuana following the passage of Prop 64 in 2016. Today, arresting officers conduct MSTs when they suspect you are driving under the influence of drugs (DUID) at sobriety checkpoints or after traffic stops. The tests detect specific narcotics, like cannabis or cocaine, unlike breathalyzer tests.
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