Warrantless Search of Vehicles
The Fourth Amendment to the US Constitution, as well as Article 1 of the California Constitution, establishes the principle that all citizens have the right to be free from unreasonable searches and seizures. Generally, this means that law enforcement must first get a valid search warrant before acting. However, case law has created numerous exceptions […]
VC 12500: Driving Without a License
Per California Vehicle Code Section 12500(a): A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued under this code, except those persons who are expressly exempted under this code. An important distinction to be aware of is if you have had your license […]
Plea Bargains in Your DUI Case
Like the vast majority of criminal matters, few DUI cases end with a trial. More typically, a plea agreement will be reached between the district attorney assigned to your case and your Los Angeles DUI attorney. Whether or not it is wise to opt for such an agreement will depend on the specific facts and […]
PC 488: Petty Theft
Theft crimes are charged in California primarily, but not exclusively, based on the value of the item taken. Generally, under PC 487, if the value of the money, labor, personal property or real property is greater than $950, the offense will be charged as grand theft, with specific exceptions for certain types of property listed […]
Defenses to Counter a High BAC
Perhaps the most potentially damning evidence in a DUI case is a blood alcohol content in excess of the 0.08 legal limit. Because California law, under VC 23152(b), allows for a conviction based solely on your BAC without necessarily proof of any signs of alcohol impairment, much rides on the results of the chemical test, […]