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Written by Darren Kavinoky
Friday, 26 May 2006
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Federal crimes are those crimes which fall under federal jurisdiction. Congress enacts laws in areas that fall within federal jurisdiction. Typically, these are laws and regulations dealing with federal property, federal matters and federal... |
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Written by Darren Kavinoky
Friday, 26 May 2006
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In order to be arrested and convicted of a DUI, the individual must be driving a vehicle. The California Vehicle Code defines vehicle as "a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting... |
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Written by Darren Kavinoky
Friday, 26 May 2006
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"Under the Influence"
There are two different types of DUI offenses that may be charged, depending on whether the person had a blood alcohol content below .08 percent or at or above the .08 percent. BAC is measured by the... |
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Written by Darren Kavinoky
Friday, 26 May 2006
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In order to be convicted of a DUI, the prosecutor must prove beyond a reasonable doubt that the defendant was driving under the influence of alcohol. The types of evidence which normally support this charge are: driving pattern, physical... |
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Written by Darren Kavinoky
Friday, 26 May 2006
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To obtain a conviction for driving under the influence, the prosecution must prove that the defendant drove a vehicle while under the influence of any alcoholic beverage. Specifically, the elements... |
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Written by Darren Kavinoky
Friday, 26 May 2006
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"Driving" is one of the required elements of a DUI offense. Driving requires "volitional movement of a vehicle." In everyday usage the phrase, "to drive a vehicle," is understood as requiring evidence of... |
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Written by Darren Kavinoky
Friday, 26 May 2006
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In order to be convicted of a California DUI or drunk driving (driving while impaired by alcohol, or under the influence of alcohol), it must be proven beyond a reasonable doubt that the person was under the influence of an alcoholic beverage, which... |
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Written by Darren Kavinoky
Friday, 26 May 2006
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DUI and Motorcycles
Alcohol intoxication is a leading factor in motorcycle accidents and fatalities. Law enforcement officers have been trained to identify driving patterns that indicate a probability that a motorcyclist is driving... |
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Written by Darren Kavinoky
Friday, 26 May 2006
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Diversion from criminal drug charges entails navigating the intricacies of Prop. 36 or deferred entry of judgment (DEJ), both of which divert from criminal prosecution only people charged with simple possession or being under the influence. Both... |
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Written by Darren Kavinoky
Friday, 26 May 2006
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Not only is it illegal to possess methamphetamine or PCP, but it is also illegal to possess the ingredients with the intent to manufacture these drugs. California Health and Safety Code Section 11383 (a) applies to the ingredients for... |
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