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San Luis Obispo Criminal Law Blog

If police stop you for DUI, do you have to answer questions?

Many people become nervous when approached by California police officers. Though these individuals have a duty to keep civilians safe, they can often cause anxiety due to people feeling like they might have done something wrong. You may even wonder whether you have to talk to police officers at all.

In many cases, you do not have to speak with officers because of your right to remain silent. However, if an officer stops your vehicle and suspects that you are driving under the influence, you will still need to provide the officer with your name if requested. Beyond that, you may choose whether you answer any questions an officer poses to you.

False abuse charges can cause problems

As the holidays approach, so may the tensions with your soon-to-be ex. Holidays are stressful times, and it is common for couples, especially those who are separating, to argue more frequently. If your fights tend to be loud and passionate to begin with, your spouse may have be able to jeopardize your chances of a positive divorce.

It is true that some people are willing to take advantage of the safeguards in place that protect victims of domestic abuse. They do this by making false claims. Accusations that you were violent or abusive to your spouse can wreak havoc on your life.

Understanding roadside breath testing machines

You probably already know that your blood alcohol concentration here in California cannot legally exceed .08. You also know that police officers may ask you to submit to a breath test on the side of the road during a DUI traffic stop.

What you may not know is that there is a significant margin of error of up to 15 percent for roadside breath testing machines. That may not seem like a large number, but if you are one of the 23 percent of drivers arrested for DUI based on a false positive, it could make all the difference.

Mistakes on the part of authorities could affect DUI defense

It is common knowledge that no one is perfect and everyone makes mistakes. Of course, some mistakes you make may be more serious than others are, and if you consume alcohol before driving, this error may be one that affects your life in substantial ways.

Fortunately, if a police officer stops your vehicle and suspects that you are under the influence, you do not have to immediately picture yourself sitting behind bars due to a DUI conviction. You, like everyone else in California, have the right to prepare and present a criminal defense against any allegations that police bring against you.

Are you a California college student who drinks?

When you first moved into your dorm or apartment at a California college campus, you were likely filled with excitement, nervousness and a sense of freedom, especially if it was the first time you'd ever been away from home. Since then, you've hopefully found your niche and have developed good study habits and a sense of normalcy and routine in your daily schedule. You've also hopefully connected with a group of friends who are like-minded in their goals.

College life isn't all academics; in fact, the social scene is a main component that graduates often remember when they move on in life and think back on their college days. Drinking alcohol is often part of the social atmosphere in college. Unfortunately, alcohol-related incidents are often among the negative, not happy, memories for those whose situations get out of hand. If you drink, you'll want to be aware of some important issues, including where to seek support if a problem arises.

Church accused of covering up sex crimes

Some victims of childhood sexual abuse have been critical of churches and organizations they say helped hide it and allow the behavior to continue. One woman says that she told church leaders in both California and a nearby state about sex crimes committed by her father, a church employee. She cited their failure to report the abuse to police in a recent civil lawsuit.

The woman alleges that her father sexually abused her as a child. She says she reported this to church authorities multiple times, and although he was kicked out of the church once for one year, he was apparently never reported to police. She says he was allowed back into the church after an appearance in church court.

Criminal defense researchers look into impact of Proposition 47

The ways in which crimes are punished and the length of sentences is often considered to have an impact on reoffense rates. In 2014, California voters chose to reduce penalties for several different convictions formerly categorized as felonies. This change to the criminal defense system in California was controversial and contested, so these follow-up studies to the passage of Proposition 47 are of high interest to many in the state.

In 2014, Proposition 47 transitioned what were once felonies into misdemeanors. This lowered sentences for many of them from prison terms to minimum jail sentences. Among the criminal sentences impacted were drug possession, theft, shoplifting, identity theft, receiving stolen property, writing bad checks and check forgery. 

Man accused of selling drugs without a license faces drug charges

As many states work to fight drug addiction, police are taking action on those who illegally sell prescription drugs without a license. In California, the owner of an herbal medicine store has been charged with selling and holding prescription drugs without a license. The man is accused of these drug charges in San Francisco's Chinatown.

According to police, the investigation began when a 73-year-old man was hospitalized after ingesting Anti Rheuma capsules from an unlicensed seller in Oakland. These capsules, intended to treat inflammation and arthritis, are not approved by the Food and Drug Administration. An investigation began to find the source of these medications, ending in the Chinatown business.

Tests that can land you in a California jail cell if you fail

If you are a rather clumsy person, the type that trips over your own feet while walking down a sidewalk, then one of the things you no doubt hope to never do is take a field sobriety walk-and-turn test. This is one of three common tests that California police officers may request you to take if they pull you over while driving and suspect that you might be intoxicated.  

The problem is that there are numerous variables that can come into play to cause you to fail such tests, even if you are stone-cold sober. If you stumble, trip or fall, you can wind up in handcuffs and on your way to jail for suspected DUI. That's why it's important to learn as much as you can about field sobriety tests ahead of time, as well as where to seek support if things don't go your way. 

PGA president charged with drunk driving in California

An accident has led to one man being charged with a misdemeanor DUI charge. The individual veered off of a road in California and struck a sign, leading authorities to investigate. It was later found that the man charged with drunk driving was the president of the Professional Golfers Association

The man was driving on Highway 111 late at night when his vehicle left the road and struck a sign. Although the man was not injured, police responding to the scene stated that the man appeared to be under the influence of alcohol. Since the nature of his injuries were not known, he was initially taken to a hospital and then later booked in the local jail. The man will face a late summer court date. 

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1322 Morro Street
San Luis Obispo, CA 93401-4028

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San Luis Obispo Criminal Law Blog | Fisher Law Office