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A bill that would have substantially increased penalties for DUI convictions was watered down before being passed out of the Assembly Appropriations Committee. The proposed law, authored by Jerry Hill (D-San Mateo), would have given judges the authority to impose a lifetime ban on driving after three DUI convictions. Instead, the bill gives judges the ability to revoke a license for 10 years. Current state law suspends driving privileges for three years after a third DUI conviction. Also removed by the committee was language that allowed consideration of a driver's lifetime record for DUI conviction. Current law limits consideration to the previous 10 years. Hill claimed that budget limitations were the primary reason the bill was amended. It was estimated that the bill would have cost $10 million a year to house the additional people who would have been sent to prison due to conviction for felony DUI, which comes after a fourth DUI conviction. Felony DUI convictions would hav...

  A report by California Watch and UC Berkeley's Investigative Reporting Program documents the growing number of car impoundments at police checkpoints throughout the state, and presents compelling evidence that this increase has been motivated in large part by the resulting revenue that flows to cash strapped local governments. Checkpoints conducted by the CHP and local police have increased dramatically in recent years as a means to combat DUI. But many police agencies don't just check drivers' sobriety. They also ask to see a driver's license, and if they find an unlicensed driver, they impound the car for 30 days. The constitutional problem is this: the Federal Ninth Circuit Court ruled in 2005 that such impoundments constitute an "unreasonable seizure under the Fourth Amendment . . . if the only justification is that the driver is unlicensed." CHP has ceased impounding vehicles since that ruling, but many police agencies - including the Sacramento Police ...

  The California Health & Safety Code lays out the penalties for use, possession, and sale of marijuana. Depending on the nature of the violation, charges can be filed as either misdemeanor or felony, and penalties can include fines and time in county jail or state prison. Having a qualified criminal defense lawyer is crucial when facing drug charges. Simple possession charges can often be increased to possession for sale, and the presence of drug paraphernalia can result in additional charges. On the other hand, people facing simple possession charges for marijuana may have the option of having their cases go through drug court, which can result in a dismissal of charges. (See the explanation below for more details.) Contact an experienced defense lawyer for review of the details of your case. These Health & Safety Code sections pertain to marijuana. H&S; 11357 Simple possession of marijuana is considered a misdemeanor. Possession of an ounce (28.5 grams) or less comes...

  The new state law that increases the amount of time a jail sentence may be reduced for good behavior continues to be the subject of an ill-considered legal battle in Sacramento County. (For a review of the law's provisions, see our previous post.) The superior court judge who last week issued an order blocking enforcement of the law yesterday reversed himself and said that the law must be implemented until county jail inmates are able to bring their legal concerns before the court. "While county jail inmates may not be indispensable parties in the technical sense," Judge Loren McMaster wrote, "they are real parties in interest since the resolution of this matter directly affects them and their status." While we're pleased that McMaster has temporarily allowed the law to be implemented, we still disagree with his original ruling. The legislature clearly meant for the new law to merely amend a previous state law that already allowed state prison and county j...

  Two trials from southern California this month highlight the dangers of bicycle riding on California's crowded roads and the consequences for motorists who injure or kill bicyclists. One incident, from 2008, involved Christopher Thompson, a doctor from the wealthy Los Angeles enclave of Brentwood. While driving to work on Mandeville Canyon Road, Thompson apparently became angry at a group of bicyclists, pulled his car ahead of them and then slammed on his breaks, causing serious injuries to two of the riders. Thompson claimed that the cyclists were making it hard for him to pass and making obscene gestures toward him, and he was stopping merely to get a photograph as evidence. The jury nonetheless found him guilty of assault with a deadly weapon and mayhem, and the judge sentenced him to five years in prison. The other incident, from 2009 in San Diego County, involved a man who was driving his BMW in a bike lane and hit and killed a cyclist. Since the driver claimed to have never...

  The Sacramento Police Department has announced that it will have a DUI and drivers license checkpoint tonight, Saturday, February 12. Business Commercial Litigation lawyer . It will take place near the intersection of 24th Street and Florin Road, and start at 8:30 PM and last until early Sunday morning. Uniformed Sacramento Police Department officers will check for valid drivers licenses, as well as look for signs of drivers who are under the influence of alcohol or drugs. As always, we encourage people who plan on going out drinking to arrange for designated drivers and keep handy the phone numbers of cab companies.

  A Truckee man who pled guilty in Placer County Superior Court to a straight DUI has been sentenced to 25 years to life under California's three strikes law. Douglas Doyle's prior criminal record included five misdemeanor convictions, four felony convictions, and four sentences to state prison. Violent crimes lawyer . In 1987, he was found guilty of vehicular manslaughter involving alcohol after killing a Tahoe City teacher on Highway 89. Doyle and his attorney had attempted to have two prior convictions removed from his record. The judge, however, denied that motion.

  The Sacramento Police Department plans stepped up enforcement pertaining to DUI and underaged drinking during the week leading up to St. Patrick's Day. The effort will have three parts. The first targets consumption of alcohol by minors, as well as enforcement of laws that make it illegal to provide alcohol to people under the legal drinking age of 21 years. International Commercial Litigation . The second part will focus on enforcing outstanding warrants pertaining to past DUIs. The third part consists of increased DUI patrols throughout the city, as well as a DUI checkpoint that will take place next weekend at a location and time to be announced later. As always, we recommend that if you plan on going out drinking, take a few minutes and determine who will serve as the designated driver. If you don't have a designated driver, set aside enough money to pay for a cab and keep the phone numbers for cab companies in your cell phone.

  The Sacramento Police Department plans stepped up enforcement pertaining to DUI and underaged drinking during the week leading up to St. Patrick's Day. The effort will have three parts. The first targets consumption of alcohol by minors, as well as enforcement of laws that make it illegal to provide alcohol to people under the legal drinking age of 21 years.  International Commercial Litigation . The second part will focus on enforcing outstanding warrants pertaining to past DUIs. The third part consists of increased DUI patrols throughout the city, as well as a DUI checkpoint that will take place next weekend at a location and time to be announced later. As always, we recommend that if you plan on going out drinking, take a few minutes and determine who will serve as the designated driver. If you don't have a designated driver, set aside enough money to pay for a cab and keep the phone numbers for cab companies in your cell phone.

 The Sacramento Bee reports that only 12% of people convicted of DUI in Sacramento County since July 2010 have installed ignition interlock devices (IIDs) in their vehicles, even though a pilot program requires them to do so before regaining driving privileges. Violent crimes lawyer in US . The Department of Motor Vehicles, which administers the program, says that the low compliance rate might be attributable to the fact many people convicted of DUI have not yet completed their license suspension period. But it does seem that some people are not having the IIDs installed as the law mandates. The article also touched on a topic covered in previous posts on this blog: the possibility that the federal government might in the future require installation in new vehicles of devices that would be able to detect if a person's blood alcohol level exceeds the legal limit. These devices could be like the current models that require the driver to breathe into a tube or optical technology that...

  A proposed ruling by Yolo County judge Kathleen White would restrict the actions of West Sacramento gang members. Specifically, the injunction - due to become final in the next few weeks - would place limits on members of the Broderick Boys gang associating in public, as well as institute a curfew from 10:00 PM to 6:00 AM. This marks the latest stage of an over six year struggle between Yolo County law enforcement, residents of West Sacramento, and civil rights attorneys representing gang members. Lawyer firm in US . The district attorney's office and police argue that the actions of the Broderick Boys constitute a public nuisance that requires the injunction to protect West Sacramento residents. The gang members and their attorneys view it as a violation of their civil rights. Attorneys representing the Broderick Boys vow to appeal the decision when it is issued in its final form.

  The National Transportation Safety Board - a federal government agency - on Tuesday called for a ban on all cell phone use by drivers. The NTSB recommendation goes beyond banning use of hand held devices and advocates restricting the use of hands-free or bluetooth devices. SEX crimes lawyer in US . According to the NTSB, research shows that "electronic distractions" significantly impair drivers' abilities to safely navigate the nation's streets and highways. It's important to keep in mind, however, that the NTSB can only recommend that states enact this policy. In general, under our federal system of government, rules about driving are the province of state governments. Therefore, each state is free to take - or reject - the advice of the NTSB. It's highly unlikely - in fact, almost impossible to imagine - that California legislators would adopt a cell phone ban.

  It's time to highlight some of the criminal law cases the U.S. Supreme Court will decide next year. One of the most important is United States v. Maynard, in which the Court will determine the limits of police surveillance using GPS devices. United States v. Maynard concerns Lawrence Maynard, who in 2004 came under investigation by the FBI-Metropolitan P.D. Safe Streets Task Force in Washington, D.C., for suspicion of drug trafficking. As part of the investigation, police put a GPS device on Maynard's vehicle and monitored his movements continually for a month. Lawyer office in US . After his arrest and eventual conviction for conspiracy to distribute and possession with intent to distribute a large quantity of cocaine, Maynard appealed to the District of Columbia Circuit Court. The D.C. Court in its decision in 2010 ruled against the government, stating that prolonged surveillance by law enforcement using a GPS device constitutes a unreasonable warrantless search in violat...

  Thefts of metals - particularly copper - from buildings, utilities, construction sites, and infrastructure have increased in recent years as the value of those metals has gone up. The incidence of these arrests has risen so much recently that three California news organizations - the Sacramento Bee, KTVU in the Bay Area, and the Ventura County Star - ran stories on the issue in recent weeks. Here in Sacramento, the important aspect of the story is that the District Attorney's Office has changed the way it views these violations and is prosecuting them much more vigorously. Lawyer firm in US . Gone are the days when copper theft would be charged as a misdemeanor. Instead, many of these cases are being charged as felonies. The DA's office is even seeking prison time for people with prior strikes.

 The federal Ninth Circuit Court has issued a ruling in U.S. v. Shetler that nicely explains why a confession obtained by police after they have conducted an illegal search should be deemed inadmissible at trial. This case begins in September, 2009, with a tip to the Pomona Police Department that Scott Shetler was manufacturing methamphetamine in his house. When officers arrived, they found the garage door open, saw that the back of the garage was hidden behind a partition, and smelled chemical odors that could be associated with methamphetamine production. They entered the garage and visually inspected its contents, finding items related to the manufacture of meth. They then went to the front door, where they were met by Shetler. After handcuffing and detaining Shetler, police brought out the two other occupants of the house, Shetler's girlfriend and her daughter. Police then entered the house and conducted a search. A half an hour later, they approached Shetler's girlfriend ...

  A report from the California State Auditor shows that evidence regarding the oversight and cost effectiveness of DUI checkpoints is limited. Even the report's title - "Office of Traffic Safety: Although It Exercises Limited Oversight Of Sobriety Checkpoints, Law Enforcement Agencies Have Complied With Applicable Standards" - reveals the inability of the auditors to come to hard conclusions. The report documented that between October 2009 and September 2010, police, sheriff, and CHP personnel throughout the state conducted 2,562 checkpoints, which resulted in approximately 7,000 DUI arrests and nearly four times as many citations for driving without a license (nearly 28,000). Lawyer firm in USA . All of this came at a cost of $16.8 million dollars in overtime pay to law enforcement officers. Everyone wants to reduce the incidence of drunk driving. The question, though, is whether this is the most cost effective way of achieving that goal. As the auditor's report sh...

Assembly Bill 1831 - introduced by Roger Dickinson (D - Sacramento) - would prohibit local governments from asking an applicant about his/her criminal history on an initial employment application. The purpose of the legislation is to ensure that people who have made mistakes in the past but gotten their lives back on track are given a fair opportunity to find employment. AB 1831 would still allow local government agencies to ask about criminal history once an applicant has been determined to meet a job's qualifications. Lawyer office in US . Until that point, however, applicants with criminal records could not be eliminated from consideration. In addition, the bill would not apply to positions that are required by law to conduct a criminal background check. A number of cities across the country have already passed ordinances similar to this legislation, including Oakland, San Francisco, and Berkeley here in California. The new law - which would apply to all cities and counties in...