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San Jose California Criminal Defense Blog

The California point system: You could lose your driving rights

Commuters and travelers throughout California have the right to a safe roadway. If you commit traffic violations often, the chance of an officer pulling you over and ticketing you for your actions greatly increases. In addition to a ticket, however, you accumulate “points” on your driving record in California.

It is essential to follow all traffic laws in California, or a court holds the right to suspend your license. Although you may not commit serious crimes such as a DUI offense, your smaller criminal driving actions could add up to a suspended or revoked license.

Prominent DUI day coming up

An increased number of drivers on the roads tends to also bring a higher number of impaired drivers. With Labor Day weekend approaching, drivers and pedestrians alike should inform themselves of the added dangers on roadways during peak travel periods like holiday weekends.

The National Highway Traffic Safety Administration reports more than 10,000 people die every year in the United States in alcohol-related driving accidents. July, August and September are the deadliest months, particularly due to summer travel and holidays such as the Fourth of July and Labor Day.

State makes DUI law change regarding ridesharing drivers

Here in California, the general legal limit for drivers is a BAC of 0.08. However, state law  does set a lower limit for certain drivers.

For some motorists, driving with a BAC at or above 0.04 is against the law here in California. Commercial vehicle drivers are on this list. A recent law change added another group to the list.

When domestic violence accusations lead to battery charges

Being accused of violence against a partner or spouse can be life-shattering. It can have major impacts on one’s reputation and family life. It could also expose a person to significant criminal charges.

Various charges could arise in connection to such allegations here in California. One type of charge individuals accused of such violence sometimes face is battery.

What is the difference between assault and battery?

It is common to hear assault and battery used in the same sentence: both words make a person cringe. Shock factor aside, these two charges have completely different meanings and penalties. The crimes are similar to an extent, but equally distinct. It is time to unpackage the phrase "assault and battery."

California assault law

California DUIs and your driving record

Among the things getting a DUI conviction here in California impacts is your record. This doesn’t just include your criminal record. It also includes your driving record.

When a person is convicted of DUI in the state, the DUI is put on his or her driving record. How long does the DUI stay on this record? Generally, it remains for 10 years after the DUI offense, after which it is removed. This has been the case since 2007, when a state law went into effect that raised the reporting period from 7 years to 10 years. As a note, the rules are different for drivers with a CDL.

Fraud: Know the rules so you can stay in the game

Dilated pupils, trembling hands, excessive sweating, rapid heartbeat: these evolutionary traits are telling you that something is wrong. If accused of fraud, your body is right to sense danger.

Upon the first signs of peril, a body under stress tends to choose one of two options: fight-or-flight. In the case of fraudulent charges, you need to fight. But unlike our ancestors of the past, this battle will take place in the courtroom.

California drunk driving laws re preliminary alcohol screening

Getting pulled over by a California police officer definitely would rank high on most lists of "things that can ruin someone's day." In fact, such situations have been known to escalate into situations that can threaten a person's career, marriage or life, in general. This is particularly true when a traffic stop results in drunk driving charges.  

The more a person understands about state laws regarding such matters, in particular how an individual incident might relate to one's personal rights (or a possible violation thereof), the likelier it is that he or she may be able to avoid conviction if an arrest is made. For instance, many people do not understand the difference between a preliminary alcohol screening device and a Breathalyzer test. However, understanding the difference may impact the outcome of a particular situation.  

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