Matthew J DUI/DWI Law Blog

California law permits a district attorney to charge someone with DUI with a prior if the case concerns a matter in which the accused has suffered a case in the past for driving while under the influence.  One Huntington Beach DUI Attorney points out that any finding of an out-of-state juvenile court judge, referee, or juvenile hearing officer of a commission of an offense which, if committed in this state, would have been a violation of Veh C §23152 if committed in California, constit... Read More

As in many states, the District Attorney in California is vested with the discretion to charge a criminal DUI case  as a felony in certain, very limited circumstances of drinking and driving.  According to one Van Nuys DUI Attorney, The prosecutor has the discretion to charge a violation of Vehicle Code §23152 as a felony when the accused has... Read More

Here is the scenario, a person is charged with DUI and decides to go to a jury trial.  Problem is that he has a prior conviction for the same thing that the District Attorney has alleged it in the new complaint to enhance the sentence.   The lawyer will not want the jury to know about the previous DUI conviction as the jury may be prejudiced against the defendant based soley on the fact he has done it before. What can be done?... Read More

In many states the law imposes severe consequences if the driver in a DUI case engages in reckless conduct over and above the drunk driving alone.  California for example says a person who is convicted of violating Veh C §23152 or §23153 while driving a vehicle 30 or more miles per hour above the speed limit on a freeway, or 20 or more miles per hour over the speed limit on any other street or highway in violation of Veh C §23103 (reckless driving), must be punished by an add... Read More

In the United States today it is estimated that over half the population takes drugs of some kind on a daily basis. With that use it is almost certain that a huge segment of that group will be stopped by the police and suspected to be under the influence of the drug as it realtes to driving. When a defendant is charged with driving under the influence of a drug in california, a showing of a specific measurable amount of the drug in the defendant’s blood is not required says one Los Angeles... Read More

The defendant in a drunk driving case may challenge the constitutionality of a prior conviction entered in a separate proceeding that has not been challenged previously and upheld in accordance with California Vehicle Code §§23624, 41403 (determination that prior conviction was unconstitutional is res judicata in all subsequent cases). Even if a separate conviction has been challenged and previously upheld, the defendant may challenge it again if an appellate court decision announced a... Read More

When a person is arrested for a DUI an Alhambra DUI Attorney can help.  The law is very complicated and full of potential peril and pitfalls.  Most Judges will encourage a person charged with DUI to seek experienced legal counsel.  The following is an excerpt of California Law regarding drivers license suspensions following a drunk driving arrest.... Read More

The ordinary corse and practice of most, if not all, Court regarding DUI cases in Los Angeles County is to require an ignition interlock only as the DMV requires, which is typically 4 months, the same is not true for Redondo Beach Criminal DUI cases.  If an individual is convicted of a DUI in that Court it is common practice to require an IID for up to 9 months as a term of probation, according to a local Redondo Beach Criminal Defense Lawyer . ... Read More

Nurses have tough jobs, the stress the low pay the BS they are required to put up with from Doctors, just to name a few.  To add insult to injury,  when a Nurse gets a DUI they face losing their job even though the arrest was not job related.  Recently,  Nurse DUI Defense Attorney Matthew Ruff had the pleasure of defending an R.N. charged with a DUI.... Read More

DUI cases are complex, there are many different facets  to a DUI case in California, the DMV aspects and the Criminal Court Process.  This article intends to explain the Court component of the process.  The first step of the system is called an arraignment, this is a time when the accused will enter a "not guilty" plea and schedule your case for a pretrial if you are represented by a lawyer, he or she may elect to not enter any plea at all, and contin... Read More