Can You Avoid Jail Time after a Los Angeles DUI?

If you have been charged with DUI (driving under the influence) in Los Angeles, you may be worried that you will have to serve time in jail or prison. While a conviction for a DUI can result jail time, hefty fines, and penalties, a skilled DUI defense attorney will know of a number of ways to help you avoid going to jail.

A DUI can result in misdemeanor or felony charges in Los Angeles. Misdemeanors could result in up to one year in jail and felony charges can result in prison sentences. Most first-time DUI cases, however, do not result in incarceration unless there are aggravating circumstances. The prosecution will likely only pursue incarceration if the defendant is a repeat offender or if he or she caused serious or fatal injuries. A second DUI within 10 years, however, will likely result in at least 96 hours of jail time and a third conviction can result in a minimum of 120 days in jail.

Multiple Marijuana Measures on Los Angeles Ballot

The Los Angeles City Council has agreed to place two marijuana-related initiatives on the ballot and has given preliminary approval to a third measure as well. According to a news report in The Huffington Post, the third initiative was created as a compromise between the other measures. The new proposal will allow the original 135 dispensaries in the Los Angeles area to remain open, as long as they are not too close to churches, schools, or residential neighborhoods. The third measure would also increase taxes on marijuana to $60 per $1,000 worth of marijuana sold.

Understanding the law regarding marijuana use and possession in Los Angeles can be extremely confusing. The laws have changed significantly over the past few years and they are subject to change again soon. Under California law, it is legal to possess marijuana for medical purposes. Under federal law, however, marijuana continues to be a controlled dangerous substance. As a reaction to federal involvement, the Los Angeles City Council reduced the number of dispensaries before abandoning that tactic and attempting to ban dispensaries altogether. The new ballot measures are meant to add some clarity.

L.A. Teacher Molestation Case Reopened by Prosecutors

A 2005 investigation into allegations that a Los Angeles County teacher molested four students was dropped because of insufficient evidence. According to an NBC Los Angelesnews report, allegations made by four youths concerning the teacher are being sent to Los Angeles prosecutors and the case has been reopened.

Officials have arrested the former Los Angeles fourth-grade teacher on charges of molesting 12 students. He pleaded not guilty to 15 counts of child sexual abuse concerning 12 victims. The new charges resulted from a 10-month police investigation that began on March 15, 2012 after a number of girls told their parents that they were inappropriately touched.

There are many acts that are considered sexual assault, including rape, statutory rape, incest, sodomy, oral copulation, sexual penetration, and child molestation. California Penal Code Section 11165.1 states that “The intentional touching of the genitals or intimate parts (including the breasts, genital area, groin, inner thighs, and buttocks) or the clothing covering them, of a child, or of the perpetrator by a child, for purposes of sexual arousal or gratification, is sexual assault.”

What to Do if You Have Been Arrested on Suspicion of a DUI

If you have ever been pulled over for a minor traffic violation, you know how stressful dealing with police officers can be. Now, imagine that you were pulled over and arrested on suspicion of driving under the influence (DUI). You will likely be nervous, confused, or even frightened. It is important that you take a deep breath and remember that you do have rights.

If you have been stopped for a DUI, remain polite and calm. You will have to provide your name, address, license, and registration. It is not advisable, however, to engage in a conversation with an officer regarding what you had been drinking earlier that day. You may politely decline to take a field sobriety test and a preliminary alcohol screening breath test.

Penalties for Drug Distribution in Los Angeles

drugs_10026025The penalties for distributing or trafficking narcotics are severe in Los Angeles. If you or a loved one has been arrested on suspicion of distributing drugs, there are a number of charges you could face. You will need an attorney who can help you understand the penalties and whether or not it is in your best interest to aggressively fight the charges.

Under California Health and Safety Code 11351, “every person who possesses for sale or purchases for purposes of sale, any controlled substance, which is a narcotic drug, shall be punished by imprisonment in the state prison for two, three, or four years.” According to California Code 11352 (a), every person who transports or imports into the state a controlled substance, “shall be punished by imprisonment in the state prison for three, four, or five years.”

Man Arrested on Suspicion of DUI in Fatal Orange County Accident

A 58-year-old Yorba Linda man has been arrested on suspicion of driving under the influence (DUI) after officials say he fatally struck a skateboarder. According to a news report in The Orange County Register, the car crash occurred on Rose Drive north of Castner Drive.

Officials suspect the man was under the influence of alcohol when his vehicle fatally struck a 14-year-old skateboarder. The teenager was retrieving his skateboard from the roadway at the time of the collision.

California Attorney General Wants More Prescription Drug Monitoring

pills-sxc_72201_5902California Attorney General Kamala D. Harris is calling on Governor Jerry Brown to restore funding to the Controlled Substance Utilization Review and Evaluation System (CURES), a prescription drug monitoring program. According to a report in The Los Angeles Times, Harris wants to restore funding to the CURES database because budget cuts have undermined the system. The CURES database includes the names of patients taking prescription narcotics, the doctors who prescribed the drugs, and the pharmacies that dispense them.

When fully funded, the system can be used to detect when a patient is “doctor-shopping” to obtain a surplus of prescription-strength medications. It is not clear if Harris will be able to get the funding necessary to maintain the program, as the governor’s budget does not currently earmark money for CURES.

What Search and Seizure Issues Can Arise in Drug Crime Cases?

courtroom-1566609SmallIf you are under investigation for a drug crime, it is important that you understand search and seizure laws. Before conducting a search of your home or apartment, the police are required to comply with state and federal laws. They may only conduct a search if they have obtained a search warrant or if they have reasonable cause to conduct a search. Any evidence obtained while violating federal laws should be thrown out of court. A skilled attorney will seek to have wrongfully-obtained evidence thrown out, charges dropped, and cases dismissed.

Under the 4th Amendment of the U.S. Constitution, you are protected from unreasonable and unlawful searches. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Torrance Church Leader Accused of Molesting Child

A Torrance worship leader faces child molestation charges for an incident involving a four-year-old girl. According to a KABC news report, the 67-year-old man has pleaded not guilty to a number of sex-related crimes stemming from an incident that allegedly occurred outside his home back in 2008. Officials say the man served as a worship leader at a number of churches throughout the South Bay area and are reaching out to other churches to see if there have been any other alleged victims.

There are severe consequences for inappropriately touching a minor in California. Under Penal Code 647.6, “Every person who annoys or molests any child under 18 years of age shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.”

Holiday DUI Enforcement Nets More than 2,100 Arrests in Los Angeles

Police car lights close up. A group of policemen on the background.
Police car lights close up. A group of policemen on the background.

Local law enforcement agencies in Los Angeles County went all out when it came to holiday driving under the influence (DUI) enforcement in 2012. According to a news report in The Diamond Bar Walnut Patch, officials held 72 sobriety checkpoints, 25 DUI warrant sweeps, and 153 DUI saturation patrols countywide as part of their “Avoid the 100” DUI crackdown. This effort to curb drunk and drugged driving during the Christmas and New Year’s holidays resulted in more than 2,100 arrests.

The Los Angeles Sheriff’s department, between midnight on Dec. 14 through midnight on Jan. 1, officers arrested 2,168 drivers for operating their vehicles under the influence of alcohol and/or drugs. During last year’s enforcement period, there were 2,433 DUI arrests.