Los Angeles DUI Lawyer Blog

California Vehicle Code §23152(a) regulates Driving under the Influence of drugs (DUID). This same section also makes it unlawful to be driving under the influence of alcohol. Despite being charged under the same section, both types of cases invoke different arguments and defenses.

Someone is considered to be intoxicated for purposes of a DUI if their Blood Alcohol Level is .08% of higher. This is a objective test and a reading is obtained through the use of simple blood, breath and urine tests. In contrast, there is no objective test for a DUID.

When stopped under the suspicion of a DUID an officer will check for several different subjective signs to include in their report and support their allegation that a person was under the influence of drugs. They will observe your general behavior, and check your pulse and heart rate.

Additionally, they may ask you to complete a horizontal or vertical gaze nystagmus test. A gaze nystagmus test asks a person to follow an object with their eyes only, and not moving their head. It checks for involuntary jerking movements of the eye, which can be indicative of certain drug use. An officer will also ask the person to complete a series of Field Sobriety Tests like walking in a straight line, Finger to Nose, or a balance test. A urine test is also generally asked to be completed.

The results of any tests administered, or questions asked during an arrest will then be stated on the officer's arrest report. Prosecution will use the specific facts of the case to prepare their argument and to prove in court that the driver was under the influence of drugs.

An experienced Los Angeles Criminal Defense attorney has handled thousands of DUID cases. They are aware of the type of arguments Prosecution will make, and have powerful defenses ready to use in their client's favor. Due to the fact that a DUID case must be proven through the use of facts, there is much room for negotiation. A knowledgeable Criminal Defense attorney will present the facts in a light most favorable to their client, casting doubt on any claims made my Prosecution and weakening their case.

California Health and Safety Code §11359 makes it unlawful to "possess for sale, any marijuana, except as otherwise provided by law". The section is exclusively for possession for sale of marijuana, all other controlled substances and narcotics are regulated by California Health and Safety Code § 11351.

There is no set numerical value or test to show a person is guilty of Possession for Sale. Instead, a subjective test is used to prove that the person had intent to sell the drugs in their possession. To prove intent, Prosecution uses the Totality of Circumstances Method. The Totality of Circumstances method uses the specific facts and circumstances surrounding a case to make an argument.

If a person is found with a bag containing 20 baggies of carefully weighed out marijuana inside and a handful of cash in high bills, Prosecution will argue that they had carefully measured baggies to sell to customers, and the cash was from the sales they had already made. However, an experienced San Diego Criminal Defense Attorney can prepare a powerful defense that will present the facts in your favor.

With a Totality of Circumstances method there is plenty of room for negotiation and defense. A knowledgeable Criminal Defense attorney can provide the strong argument needed to have a case reduced or dismissed. In addition, a majority of cases are offered a plea bargain. An attorney can tell you if the plea bargain offered is the best possible resolution for a case.

Using effective argument, your case may be dismissed. If Prosecution cannot prove that a person had the intent to sell the drugs in their possession the charges may be dropped, or reduced to a Drug Possession. A Drug Possession charge allows many people to complete a Drug Diversion program. Once completed, the Drug Possession charge will be dismissed.

A possession of drugs for sale charge is regulated by California Health and Safety Code §11351. The section makes it unlawful for anyone to possess for sale, or purchase for sale any type of controlled substance or narcotic. These include the popular PCP, Cocaine, Heroin, Methamphetamines and certain depressants and opiates. Possession for marijuana sales is regulated by California Health and Safety Code §11359.

To find someone guilty of possession of drugs for sale, Prosecution must prove that there was an intent to sell. An intent is generally proven through the Totality of Circumstances method. In a Totality of Circumstances test, facts and circumstances of a specific case are used to show that a person had the intent to sell any drugs in their possession.

For example, let's say that a person is caught with a small bag of heroin in his pocket and nothing else. There are not enough facts to prove that there was any intention to sell the heroin. The person will probably only be charged with Possession of Drugs.

In contrast, consider this scenario: A person is caught with thirty baggies of cocaine. Each bag contains a carefully measured amount that is the same in each bag. Nearby there is a scale and wads of cash. The circumstances point towards there being a strong intent to sell. In this situation, the person has a probability of being charged with Possession for sale. The equally measured bags imply that they were going to be sold to customers, and the scale indicates that the person charged was measuring each bag so that they sold the right amount to each person. Prosecution will be able to show, using the facts, that the person charged probably intended to sell the drugs.

The totality of circumstances test is subjective, and therefore open to interpretation and argument. An experienced Los Angeles Criminal Defense attorney has handled thousands of cases of Drug possession. They have the knowledge to prepare a powerful argument and present the facts in a light most favorable to your case. If prosecution cannot use the facts to show there was a clear intent to sell, then the case is likely to get reduced or dismissed.

Plea Bargaining is a useful tool in many different criminal cases. A plea bargain is essentially an offer made by prosecution. If you agree to plead guilty prosecution will agree to give you a lesser charge and consequently a lesser penalty.

In drug possession cases, plea bargaining can have beneficial results and with the help of an experienced Los Angeles Criminal Defense attorney may be dismissed. An attorney will prepare a powerful argument convincing the Judge to allow you to enroll in a Drug Diversion Program. Many drug possession cases allow for rehabilitation and education classes that, if completed, lead to a dismissal of your case. This leaves your permanent record clean, and you would not be required to report it when asked.

For example, if a first time offender has been charged with a sizeable quantity of cocaine they could face possibly felony charges. However, a knowledgeable Los Angeles Criminal Defense Attorney would prepare a defense presenting the client in a positive light. The Judge would consider the strong argument presented in court and may grant the option to enroll in a Drug Diversion program, or in the very least reduce the charges. If a Drug Diversion program is completed, the charges will be dismissed. This is not only greatly beneficial to your future, but also helps you with future employment of educational institutions.

Plea bargaining is something everyone should consider. With the help of an expert in Criminal Defense law, you will be able to make the right decision on which offer to accept. The attorney's goal is the same as yours, to have your case dismissed!

A majority of criminal cases do not go to trial, instead they are resolved through a process called plea bargaining. A plea bargain is an offer made by prosecution at your first appearance in court, also known as your arraignment. Prosecution will ask you to plead guilty to a lesser charge. They will get the case completed at the very first appearance, and you will a reduced charge. This benefits prosecution and the court system by quickly resolving cases and keeping the costs low by avoiding trial. Whether this is a good idea for the person being charged depends on the specific facts of the case.

At your arraignment, you are asked to make a plea. This plea can be guilty, not guilty or no contest. When pleading no contest, you are not stating that you are guilty, but that you do not wish to argue the charge. You do not have the option to plead not guilty, or no contest when accepting a plea bargain. You must plead guilty in order to receive a lower sentence. The potential consequence of the lesser charge will depend on the case.

When making a plea bargain, you have to consider many things. On the surface it may seem appealing; getting a lesser charge and as a result a lesser sentence for just having to plead guilty. However, there is more to it than that. A plea of guilty will remain on your record. Additionally, it leave no room for negotiation in front of the Judge. An experienced San Diego Criminal Defense attorney can reduce your charge considerably more than prosecution's plea bargain.

For example, if you are charged with Driving Under the Influence, prosecution may offer you no jail time if you plead guilty. However, a knowledgeable Criminal Defense attorney may appear before the Judge and have the DUI charge reduced down to a reckless driving. Not only does this prevent a DUI from being on your record, it will have a beneficial impact on your auto insurance and DMV record.

An attorney knows when a plea bargain is a good offer, and when a case is worth arguing through years of experience. Someone who has not appeared in court before may not know when to plead guilty, or how much lower they can reduce their charge, potentially even have it dismissed. A professional can provide you with the guidance you need to get the results you want.

California Health and Safety code §11357 makes it illegal to have marijuana in a person's possession. The only exception to this law is if someone holds a valid medical marijuana prescription. A prescription is available to those who are determined to be qualified by a licensed physician. It allows for holders to have in their possession no more than 8 ounces of marijuana to use for medicinal purposes. California recognizes the prescription as a valid exception, but not in vehicles. Even with a medical marijuana prescription, a person is not allowed to have it in their possession while in a vehicle. They may, however, transport it in their trunk, as long as it is the lawful amount or less.

Similarly, a person caught with marijuana in their possession in a vehicle without a valid prescription, may be charged under California Vehicle code §23222. California Vehicle code §23222 states that any person found with not more than an ounce of marijuana in their possession, other than concentrated cannabis, will be found in violation. The charge is that of an infraction and the person will be ordered to pay a fine.

However, a person who is found with marijuana in their possession while in a vehicle will most likely also be charged with marijuana possession under the Health and Safety Code. When a person is charged with multiple offenses, the potential consequences may fall within a wider range.

With recently enacted laws in effect, and the new field of medical marijuana, there is a lot of room for an experienced Los Angeles Criminal Defense attorney to reduce or dismiss charges.

The amount of drugs found in possession of a person in combination of the type of drug will determine the potential sentencing range and the relevant section of the California Health and Safety Code. Consequently, it will determine whether a person is charged with an infraction, misdemeanor or felony.

In general, the smaller the quantity of drugs, the increased chances of being charged with an infraction or a misdemeanor. California law prior to January 1, 2011, made possession of less than an ounce of marijuana a misdemeanor, and anything more than an ounce, a felony. A recent change in California law has made possession of marijuana under an ounce, an infraction. An infraction is comparable to a traffic ticket. It involves no jail time, just a fine to be paid. Being charged with an infraction, other than dismissal, is the best possible result. Due to the relatively new nature of the law, it is unclear what amount will constitute a misdemeanor and a felony under California law.

The potential charge for drugs other than marijuana will depend on the type of drug and the state in which a person is being tried. In California, drug possession charges will be a felony, regardless of quantity, for serious drugs like heroin and crack.

However, first time offenders in the majority of drug cases will qualify for a drug diversion program. A drug diversion program allows a person to enroll in drug education and rehabilitation classes and upon completion, have their case dismissed.

A drug possession charge may also be charged as a felony when it is in conjunction with several other charges. Such charges may include Possession for Sale, or Driving under the Influence of a controlled substance.

A knowledgeable Los Angeles Criminal Defense attorney can provide the persuasive argument your case needs to ensure you qualify for a Drug Diversion program. With changes in law, a drug possession case has a high probability of being dismissed with the right defense from an experienced professional.

Under California Health and Safety code §11350 and §11377, the legislation makes it unlawful to be in possession of certain controlled substances, defined by the code section. The type of drug that a person is found in possession of will have an impact on the potential consequence a person may face.

Those found in possession of amphetamines, including methamphetamines, may face a potential sentencing range established by California Health and Safety Code §11377. A first time offense has the potential of being charged as only a misdemeanor and has a good probability of being dismissed with completion of a Drug Diversion program.

Possession of Cocaine or Crack is regulated under California Health and Safety Code §11350. First time offenders may be charged with a misdemeanor or felony depending on the quantity found. They may serve up to 3 years in jail but have a strong opportunity to be allowed to enrolls in a Drug Diversion program which, upon completion, will lead to a dismissal of charges.

Heroin possession is also included under California Health and Safety Code §11350.
Those found in possession of Heroin face felony charges, including a possible sentence range of 16 months to 3 years in prison and/or up to a $20,000 fine. However, much like amphetamines and cocaine, the courts allow for a dismissal of charges upon completion of a Drug Diversion program for first time offenders.

Possession of marijuana is covered by a different section of the Health and Safety Code, §11357. Marijuana, in its less concentrated form, also allows for Drug Diversion programs to have your charges dismissed. In addition, potential sentences for those found in possession of marijuana depends on the quantity found, and whether the person holds a medical marijuana prescription.

An experienced Los Angeles Criminal Defense attorney has handled thousands of drug cases ranging from methamphetamines to marijuana. Each drug has a different potential sentence depending on the quantity and the circumstances surrounding the offense. In many cases an attorney can prepare a strong argument to allow the completion of a Drug Diversion program which will eventually lead to the dismissal of charges.

California Health and Safety Code §11350 makes it unlawful for a person to be in possession of a controlled substance. Controlled substances are those that are listed by the legislators in California Health and Safety Code §§ 11054 and 11055. These sections do not include marijuana. Marijuana possession is covered by California Health and Safety Code §11357.

To build a case against a person, prosecution uses a totality of the circumstances method. A totality of the circumstances method means that opposing counsel will take the surrounding facts of a person's arrest to prove that the person was in possession of a controlled substance. For example, if a person is arrested physically holding a controlled substance the prosecutors will use these facts to help build their case. If a person is stopped by authorities and a controlled substance is found in his or her jacket, the prosecutors will have to build a case using the circumstances to show that a controlled substance was found in the jacket, and that jacket indisputably belonged to the person arrested.

Whether a person is charged with drug possession as an infraction, misdemeanor or felony will depend on several different factors. First, on the type of drug they were found with. It may be anything from opiates, their derivatives, hallucinogenic substances, certain depressants, to other narcotics and in some cases, prescription drugs. Second, it will matter how much of the controlled substance is found. A greater quantity will lead to a higher potential consequence.

A knowledgeable Los Angeles Criminal Defense attorney has handled thousands of drug possession cases involving a range of different controlled substances. They are well versed in different tools used to reduce, and in many cases dismiss, drug charges. Oftentimes, plea bargaining along with a strong argument will persuade prosecution to consider a potential sentence other than jail. Additionally, the case may be dropped if evidence has been obtained as a result of illegal search and seizure.

Under California Penal Code 10851, a person is guilty of Grand Theft Auto if they drive or take a vehicle that is not their own, without consent, with the intent to temporarily or permanently deprive the owner of the title or possession of the vehicle. Those found guilty will face a felony conviction and a sentence of jail time and/or fines.

Additionally, in 2009 Court's were authorized to impose an added penalty of a suspension or revocation of driving privileges by the California Penal Code. The court's are not required to provide a specific period for which your license may be suspended or revoked, but have the authority to leave it open with no set ending date.

This means that if you are convicted of Grand Theft Auto, you will not only face a felony sentence of jail time, and/or a fine, but you may also face a separate penalty from the DMV. An experienced Los Angeles Criminal Defense Attorney has handled many cases in front the DMV, including thousands of DUI cases.

A powerful argument is not only necessary in the courtroom, but in regards to your driving privileges as well. If you use a car to get from home to work or school, a revoked or suspended license will add unnecessary hassle to your already stressful life. A California Criminal Defense attorney will provide evidence and effective argument to persuade the Judge and Prosecution to allow you to keep your driving privileges, or in the very least have the use of a restricted license.

Although the law is relatively new, a knowledgeable attorney who specializes in DUI has been fighting for a client's right to keep their license for years as it is a required sentence in all DUI convictions. As a result, many people have retained their rights, and avoided jail time even with serious DUI convictions through the use of a Los Angeles Criminal Defense attorney.

Legislators are constantly changing and amending laws that affect California citizens daily. Once changed it leaves open the question of whether the law applies proactively, or from beyond its enactment and how it may impact your already existing case.

The new marijuana law that went into effect on January 1, 2011 may reduce your marijuana misdemeanor charge to an infraction under Senate Bill 1449. However, if you have an already existing offense, and an open case, it is unclear as to how Courts and Judges apply the new legislation.

A knowledgeable San Diego Criminal Defense attorney has researched all new legislation and how it has been applied in courts and current cases. Consequently, they are aware of how Judges are handling cases in the San Diego Criminal Courts. Based on this experience of the Criminal courts they can prepare the best possible argument in your defense so that you can take full advantage of any new laws that will pertain to the facts of your case.

If you have a pending case, or have been arrested in the new year for marijuana possession, it is best to consult a Criminal Defense Attorney who has handled thousands of cases like yours. With new laws in effect, a persuasive attorney may be able to reduce your charges, or better yet, get your case dismissed altogether!

If you are stopped driving under the influence of drugs or alcohol, you may be charged with a DUI. If convicted, your final sentence will depend on several factors, the specific facts of your case and any arguments presented in your defense.

If you are arrested for driving under the influence of prescription drugs, your potential sentence may be on the lower end of the spectrum depending on additional circumstances of your arrest. For example, one of our clients was pulled over for driving under the influence, but had 0 blood alcohol content, but was on prescribed anti-depressants. He was charged with driving under the influence only, with no enhancements or additional charges.

In contrast, if you are pulled over for driving under the influence of illegal drugs: Methamphetamines, Marijuana or Cocaine, you could not only be charged with an enhanced DUI, but may be charged for multiple California offenses.

There are many different combinations of substances that you could be under the influence of while driving and each will illicit a different sentence depending on the brevity of the incident. It is possible to be charged with a DUI with no alcohol involved, just prescription drugs, illegal drugs or both. Some cases involve an alcohol level with drugs. Those cases will have a higher range of sentencing due to multiple charges arising out of the same incident.

If you have been charged with a DUI, regardless of the circumstances it is wise to hire a knowledgeable San Diego DUI Defense attorney who has the knowledge and expertise to prepare the best possible argument in your favor!