Articles Tagged with drunk driving

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Before we get to defending a DUI or related charge, let’s discuss traffic checkpoints, traffic stops, arrest, and vehicle impound — all are important when it comes to understanding the process of being charged with a DUI.

Traffic Checkpoints

On many weekends and holidays, local police agencies and the CHP set up traffic checkpoints that take place from late evening through the early morning hours.

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In this series, we’ve already discussed DUIs and DUIs with injury. Today we are going to look at a related charge, driving under the influence of drugs (DUID).

DUID cases are different from DUI cases in that they involve more than just alcohol. The law does not specify the amount of a drug that must be present in the blood to be considered under the influence, so conviction of a DUID requires law enforcement to present evidence of your ability to safely operate a vehicle was impaired by the presence of one or more drugs.

Note that both prescription and non-prescription medications such as anti-depressants, antibiotics, pain relievers, and any other drug can result in being cited for DUID.

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Last week we discussed DUIs and the penalties associated with being charged with DUI. Today we will look at a related charge, DUI with injury.

If you are driving under the influence of alcohol or drugs, and you injure another person as a result of your DUI, you will likely be charged with DUI with injury. Throughout California, and especially in Placer County, DUI with injury charges bring harsh sentences and serious collateral consequences.

Penalties

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Over the next few weeks, we will be discussing a number of topics related to driving under the influence (DUI), including:

  • The background and penalties of DUI, DUI with injury, driving under the influence of drugs (DUID), and related charges
  • Traffic checkpoints, arrest, and vehicle impound
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Placer County is one of the toughest in California when it comes to enforcing DUI laws and has specialized courts to handle such cases.

In response to three prominent DUI homicides in 2005—including the death of a respected police officer and a child on a bicycle—Placer County assembled a task force to determine ways to deter DUIs and reduce risks.

Placer County Drunk Driving Prosecution

(photo credit: JSmith Photo via photopin cc)

DUI Second and Third Offenders

The task force placed special emphasis on second offenders. In an attempt to separate out “high risk” offenders, the probation department administers a psychological test. If the defendant scores poorly on the test (or has other risk factors such as a recent prior), formal probation is ordered.

The DA asks for 30 days of jail time for all second offenses. California law requires only 48 hours in custody. The statewide average is 10 days or less—often 48 hours plus an eight-day work project.

Third and subsequent offenders are deemed dangerous. The task force determined the best way to protect the public is to incarcerate these offenders for as long as possible. Continue reading →