Articles by Topic or Issue (DUI Continued - Extradition)

DUI Continued

DUI Offenses Continued

1. How Much Does a DUI Really Cost? $10,000? $15,000?
   

2. Are Breathalyzer Tests Meaningless? CA State Supreme Court Says No

3. Does DUI Conviction in Another State 'Count' As a Prior DUI?

4. Can an Unconscious DUI Suspect Consent to BAC Test?

5. When Is a Traffic Stop by Police a Detention for a DUI?

6. DUI Checkpoint Stops - Can This Method Beat Them? We Say No

7. Is a Warrantless Blood Draw Proper If Suspect Fights Police?

8. Can Silence After a Car Crash Be Used Against Someone?

9. In DUI, Police Can Download Car's Computer to Show Speed

10. DUI Double Jeopardy: Is Military NJP a Bar to Civilian Case?

11. Is Being Unconscious While DUI a Defense to Murder Charge?

12. Five Years of PAS Device Records Found Inaccurate in San Francisco

13. Anonymous Cell Phone Call to Police Leads to Stop for DUI?

14. Second-Time DUI and Restricted License After 90 Days?

15. Sixth Amendment Met When Lab Report Author Not Available

16. DUI Arrest Proper When Man Stumbles in Middle of Road

17. Second-Time DUI Offender’s Prison Sentence Upheld on Appeal

18. Court Makes Mistake in DUI Case by Doubling Sentence

19. I Got a Bill from the CHP After My DUI – What Should I Do?

20. Lower Standards for DUI Stop Based on Anonymous 911 Call

21. Conviction for Refusing to Submit to DUI Test Reversed

22. In a DUI, May an Officer Rely Upon Old Law to Draw Blood?

23. Is a Sentence of 25 Years to Life Proper for Non-injury DUI?

24. Beware of the Civil Consequences of a DUI or Sex Case

25. DUI Stop When Passenger Flicks Cigarette Ash out Window? No

26. What Is Vehicular Manslaughter (Penal Code § 192(c))?

27. What If I’m Caught Driving without a Court-Ordered IID?
28. Is Diversion Available for Veterans for a DUI? Yes
29. Does McNeely Give a DUI Suspect the Right to Demand a Warrant?
30. Got a DUI and Live Outside CA? What Is a 1650 Waiver?
31. Are DUI Convictions for 23153(a) and 23153(f) Duplicative?
32. I Was Not the Driver, But I Face DUI Charges? What to Do?
33. I Was Arrested for DUI and I Have a Class A License
34. 10 Problems with the Datamaster DUI Breath Test Machine
35. At What BAC Can One Display Objective Signs of Intoxication?
36. DUI, the SR-22 and a Supplemental Insurance Policy
37. I Got a Felony DUI – Can I Sue the Bar or Party Host?
38. Why Is Reverse Extrapolation of One’s BAC Junk Science?
39. In a DUI, When Can Someone Be Convicted of Murder?
40. Does an Improper DUI Admonition Make the Test Involuntary?
41. If Police Only Offer Blood Test, Is Consent Invalid?
42. In a DUI, Is a Blood Test Involuntary If No Admonition?
43. What Is SB 1046 Regarding Ignition Interlock Devices?
44. Can a Judge Deny a Request to Expunge a DUI under 1203.4(c)?
45. VC 23153: Felony DUI Requirements, Penalties & Defenses
46. Gross Vehicular Manslaughter While Intoxicated, PC 191.5(a)?
47. DUI with a Passenger under Age 14 – What Happens?
48. Does a “Win” at a DMV Hearing Bar My DUI Case?
49. Motion to Suppress After Police Detention for DUI?
50. How to Fight a DUI from a DUI Checkpoint Stop
51. How Do I Get My Driver’s License Back After a DUI?
52. Does a DUI Affect DACA Eligibility? Immigration Bond?
53. What Is Officer-Induced Confusion in a DUI Admonition?
54. Is Consent to a Blood Test Illegal If Jail Threatened?
55. Before Using an Ignition Interlock Device (IID), Read This.
56. What is the Auto-Brewery Syndrome – A DUI Defense?
57. DUI Tests and Evidence Code § 664 Presumptions
58. What is the Horizontal Gaze Nystagmus Test in a DUI?
59. According to the NHTSA, What Type of Driving is DUI?
60. What is Vehicle Code § 23247(e), Defenses and Punishment?
61. DUI Refusal Defense – Background Noise of Radio?
62. Great Bodily Injury Enhancement (12022.7) in DUI?
63. Gross Vehicular Manslaughter Based on DUI Due to THC?
64. When’s an Attempted DUI Considered an Attempted Felony DUI?
65. Are You Charged with DUI and Need to Travel to Canada?
66. Felony DUI under Vehicle Code § 23152 – Requirements?
67. Judicial Diversion for DUI? Fourth District Says No
68. After a DUI Conviction, What Happens to One’s License?
69. After a DUI Arrest, What Happens to One’s License?
70. Appellate Court Rules DMV Hearings are Unconstitutional
71. Sixth Appellate Court: No Judicial Diversion for DUI
72. Vehicular Homicide – Smoking Pot & Implied Malic
73. DUI and a Commercial Driver’s License (Class B or C)
74. IID Obligation from CA DMV If One Lives Outside CA?
    

Elder Abuse

1. I Am or Know a Victim of Elder Abuse – What Should I Do?

2. Elder Abuse for Embezzlement & Moving Heir out of House

3. Restitution in Financial Elder Abuse Case Includes Interest

4. Insurance Broker’s Financial Elder Abuse Conviction Reversed

5. What Is Involved and Needed in a Civil Case for Elder Abuse?
6. What is Elder Abuse (Penal Code 368)? Defenses? Punishment?
7. Do Mandatory Reporters Have Immunity for False Report
   

Evading / Resisting Arrest

1. Defenses to Evading a Police Officer Depend upon the Facts

2. Evading a Police Officer a Violent Felony under Federal Law?

3. What Is Resisting Arrest under Penal Code § 148(a)(1)?

4. What Is “Resisting Arrest” under Penal Code § 69? Defenses?

5. Evidence of Prior Resisting Arrest Incidents Improper

6. Felony Resisting Arrest (P.C. § 69) Conviction Reversed

7. Is a Promise to Disobey a Police Officer’s Order a Crime?

8. Is Felony Evading Arrest Subject to AB109 and County Jail?

9. Does Vehicle Code § 2800.2 Apply on a Private Road?
10. Is VC 23103 a Lesser Included Offense of VC 2800.2?
    

Expungement / Motion to Modify Probation

1. Is Expungement Worth It? What Does It Really Do for Me?

2. Expungement of an Infraction? What Benefit Is This?

3. Expunged Convictions and State License Applications?

4. Expungement Not Available When Probation Terminated?

5. Expungement Available for Attempted Sex Offense (PC 288)?

6. Deportation Risk No Exception to Expungement Requirements

7. Expungement on Joint Suspended Sentence Is Available

8. Expungement of DNA Record if Prop 47 Relief Granted?

9. Can Prop 47 Apply After a Felony Conviction is Expunged?

10. Judge Makes Mistake in Denying Motion to Withdraw Plea

11. Early Termination of Probation – What Does a Judge Consider?

12. I Served 16 Months, Got Prop 47 Relief, Now Can I Expunge?
13. What’s Ineligible for Expungement? What Doesn’t Change?
14. Can I Expunge a Conviction If I Served Time in Prison?
15. Can I Have My DNA Destroyed If My Conviction Was Expunged?
16. What Is Penal Code § 1203.43? Who Does It Benefit?
17. Can a Judge Deny a Request to Expunge a DUI under 1203.4(c)?
18. What Will a Background Search Show After My Expungement?
19. Expungement If One Went to Jail or Prison? What’s 1203.4(a)?
20. Don’t Forget About Restitution If Seeking Expungement
21. What is the Difference Between Expungement and Sealing?
22. Can Conduct in Custody Count under PC 1203.4a(a)?
23. AB 1076 – What Does this New Law Provide and When?
24. Little Known Facts About Expungement to Keep in Mind
25. Were You a Firefighter in Prison of Jail? What is AB 2147?
26. Expungement if One Went to Prison; What’s § 1203.42?
    

Extradition

1. What Is an Extradition Hearing and How to Fight Extradition?
2. What Are the Deadlines for Extradition or Being Released?
3. What Documents Are Needed to Support an Extradition Warrant?
4. What Are the Procedures for Resisting Extradition?
5. In Extradition Matters, What Is an Identity Hearing?
6. What Are Ten Good Arguments Against Extradition?
7. How to Seek Case Settlement on Extradition Request?
8. Is a Waiver of Extradition Enforceable in California?
9. Extradition: Is a 14 Week Wait to Be Moved Too Long?
   

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