Fisher Law Office

Posts tagged "penalties"

Defenses to assault in California

If an individual is charged with assault, there are several defenses that he or she may use to dispute that charge. For instance, it may be possible to claim that an assault was actually an act of self-defense. To prove self-defense, a defendant must show that he or she did not provoke the attack and that there was no chance of retreating from the situation.

Stationary car on California freeway leads to DUI charge

California Highway Patrol officers were forced to think quickly in the early morning hours of March 27 when they came across a stationary car in the middle of a busy San Diego County freeway. The 25-year-old woman behind the wheel was subsequently taken into custody on suspicion of driving under the influence. She was later transferred to a detention facility in Santee.

Fatal drunk driving crash leads to 47 years in prison for 1 man

A California man from Sunnyvale with one prior DUI conviction now faces 47 years and six months in prison after another drunk driving incident killed three out of four other people involved in a 2013 accident. The defense argued that the accident constituted manslaughter and not the three counts of second-degree murder the driver was charged with, but this argument did not work in court when the man was sentenced on March 13.

Man taken into custody at California drive-thru

A man who police say was asleep inside of his silver sedan was taken into custody for suspicion of drunk driving on Jan. 18. Authorities say that the man was making his second trip through a restaurant drive-thru when he fell sleep with his foot on the brake pedal. A police cruiser was positioned in front of the man's car to ensure that it could not roll while he slept.

Driver charged for felony DUI after fatal accident

A 25-year-old California man was accused of killing a Ventura County Sheriff's deputy in a drunk driving accident that took place on Oct. 28. Authorities say the accused man was driving a Honda along northbound Highway 101 at around 1:15 a.m. when he fatally struck a 41-year-old sheriff's deputy who was finishing a traffic stop.

Chemical test refusal in suspected DUI arrests

Because one's blood alcohol content is used to determine his or her level of impairment in a suspected incidence of driving under the influence, failure to submit to a blood or breath test comes with automatic penalties in California. However, there are no consequences for refusing a field sobriety test.

California fatal crash may have been the result of DUI

A fatal car accident that occurred in Morgan Hill Aug. 30 may have been the result of drunk driving, according to the California Highway Patrol. The accident happened around 12:55 a.m. on northbound Santa Teresa Boulevard. According to reports, a 24-year-old San Martin man was driving along the boulevard when the car that he was driving crashed into a Jeep being driven by a 34-year-old Morgan Hill man.

California councilman charged with meth possession

A city councilman from Perris has been detained on charges related to his alleged possession and use of methamphetamine, authorities reported on June 24. Officers of the Perris Police Department reportedly detained the man that morning at a hotel in the 500 block of Redlands Boulevard in the small southern California city. According to the hotel staff, the councilman had appeared in the lobby and asked for the police to be called in regards to a theft. When the staff informed him that they could not do so, he instead called the police himself.

Plan ahead to avoid DUI charges this Memorial Day weekend

All available California Highway Patrol officers will be on duty this Memorial Day weekend in a statewide crackdown on impaired driving. Local law enforcement agencies throughout the state will also be out in full force over the holiday weekend, so be sure to plan ahead for a sober ride if your plans for celebration involve alcohol. The Maximum Enforcement Period is scheduled to begin at 6 p.m. on Friday, May 23, and will wrap up at midnight on Monday, May 26.

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Posts tagged "penalties" | San Luis Obispo Criminal Law Blog