The Miranda rights are a set of warnings that police officers are required to give to criminal suspects in custody before they are interrogated. The Miranda warnings are based on the Supreme Court's decision in Miranda v. Arizona, which held that a suspect's Fifth Amendment rights against self-in...
Because driving under the influence (DUI) is a crime in California, DUI-defense attorneys are technically criminal defense attorneys who focus their practice on a small niche. However, just because DUI-defense attorneys only defend one particular crime does not mean they cant use the legal defen...
Police have lots of ways of enforcing Californias laws against driving under the influence (DUI). Some of them are better at detecting or deterring drunk drivers than others. Sobriety checkpoints, to the surprise of many, are among the worst. Further, they infringe on the privacy of hundreds, if...
If a police officer in California suspects you of driving under the influence (DUI), their best friend is a pretextual traffic stop. These stops are not technically for DUI; theyre for another road violation. However, once they have you on the side of the road, the cop is in a prime position to ...
One confusing aspect of Californias laws for driving under the influence (DUI) is the difference between the crime of DUI, on the one hand, and the administrative violation of implied consent, on the other. While the difference between our states DUI law and its implied consent law is small and...
Traffic stops can be incredibly stressful. Even if you know what you were doing wrong – whether you were speeding, or changed lanes without signaling – you can count on police using the traffic stop as an excuse to find something else to arrest you for, as well. Often, police officers turn mundan...
Utahs decision to lower the legal blood alcohol content (BAC) level from 0.08% down to 0.05% highlights the political nature of driving under the influence (DUI), as well as the abilities of states in the U.S. to experiment with how they enforce their laws. Utah Lowers Legal BAC Limit Back in ...
When it comes to enforcing Californias law for driving under the influence (DUI), a pretextual stop is a police officers best friend. Understanding how they work, therefore, can be a huge help in avoiding a wrongful arrest and criminal charge for drunk driving that can change your life and stri...
Facing a charge for driving under the influence (DUI) in California is stressful. However, it can also be confusing, as well. Many people who are facing DUI charges find there are more hearings than they had expected, while those who are familiar with the criminal justice system – maybe from watc...
California is known for many things, from sandy beaches to Hollywood movies to beautiful weather nearly year-round. It is also known for police pursuits, the most infamous of which is likely the 1994 slow-speed chase involving O.J. Simpson. Car chases occur frequently in Southern California, with...
Every state has its own unique set of laws concerning driving under the influence. While some states can be fairly lenient on DUI drivers, other states can be much harsher. This past August, WalletHub released a study that looked at which state had the strictest DUI laws in the country. The stud...
In recent years, the legalization of marijuana for recreational purposes has gained increasing acceptance in the U.S. According to the Pew Research Center, “57% of U.S. adults say the use of marijuana should be made legal.” Just 37% still say the substance should still be against the law. This is...
I recently had a client that had to spend 96 hours in the Rio Consumes Correctional Center (RCCC), also known as the Branch Jail. While I do my best to keep my clients from having to spend any time behind bars, this was my clients second DUI offense and California law requires those with two DUI...
Instagram is one of the most popular social media applications and currently has approximately 700 million users worldwide. The company launched a new feature called Instagram Live in late 2016 which allows users to show their followers what they are doing in real time. It is because of this feat...
In June of 2016, the U.S. Supreme Court handed down a ruling about warrantless blood draws and breath tests during DUI investigations cited as Birchfield v. North Dakota. The Court ruled that imposing a criminal penalty on a DUI suspect who refuses to take a blood test is unconstitutional. The Co...
Your Cell Phone and the Police – Know Your Rights As if you didn't have enough to worry about when being charged with a suspected DUI, now you can add the concern that your right to privacy may be compromised, particularly if you're a woman. News agencies in California have seized upon a story r...
Breath test results are off by 6.58% for each degree breath is above 34 degrees C.
2010 CA DUI convictions broken down by age and sex.
In 2011, Hispanics (42.9%) again represented the largest ethnic group among DUI arrestees, as they have each year for over a decade. Hispanics continued to be arrested at a rate substantially higher than their estimated 2011 population parity of 34.8% (Department of Finance, Demographic Research ...
Without knowing the entire story this video depicts a CHP officer violently punching a woman in her head as he straddles her. Law enforcement has a difficult job and I do not know what preceding this beating but it is hard to understand why this was necessary. Let's follow up inn this and see i...
At one time the legal limit for driving under the influence in California was .15, then it was reduce to .10 and now it resides at .08. Clearly the human body has not changed in it's reaction to alcohol so is there any agreement amongst nations? Not really, only Swaziland set their limit at .10...
Sacramento court's DUI bail policies surprise you with bail at your first appearance. You have a right to 48 hours notice before you are required to answer. It is generally a bad idea to enter a plea at your first court appearance before an experienced DUI lawyer has thoroughly reviewed all the facts of your case.
The Law Office of John Campanella is available to assist you 24 hours a day, 7 days a week. Please call today at 916-498-8460 for a free consultation to go over the details of your case.
901 H St. Suite 301
Sacramento, CA 95814
(916) 498-8460
(916) 476-6350 (fax)
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