Lawrence Wolf - Part 11

Drugged Driving Laws in California May Soon Change

Symbol of law and justice in the empty courtroom, law and justice concept.

The laws and regulations regarding driving while under the influence of alcohol are clear in California. It is illegal to operate a motor vehicle with a blood alcohol concentration of 0.08 percent. The laws regarding driving while under the influence of drugs, however, are a little more confusing. Currently, there is a bill that California lawmakers are considering, which they hope will change that situation.

According to an NBC Los Angeles news report, Senate Bill 289 would make it illegal to operate a vehicle with any detectable amount of Schedule I, II, III, or IV drugs in your system. There will be exceptions for individuals who have a prescription who are using their medication in accordance with that prescription. How this law will be enforced is a question that remains to be answered.

Consequences of Drug Possession Charges in Los Angeles

Prison-Sentence Unless you have a prescription, it is illegal to possess marijuana or any other controlled substance in Los Angeles. You can face charges for possessing marijuana, cocaine, methamphetamine, or other narcotics. You can even face serious penalties for possessing medical drugs without a prescription. The consequences and penalties you could face for drug possession in Los Angeles depend on the type of drugs involved, the quantity of drugs seized by the authorities, and the prior criminal record of the defendant.

A person who possesses one ounce or less of marijuana will likely face misdemeanor charges. The punishment for this offense is typically a fine of $100. If, however, a person possesses more than one ounce of marijuana, then, he or she can face up to six months of jail and a fine of $500. Possessing marijuana paraphernalia and felony penalties for selling, manufacturing, and trafficking marijuana could be charged as misdemeanors or felonies depending on the circumstances of the case.

Former South Bay Pastor Faces Molestation Charges

The 77-year-old former pastor of the now-defunct Santuario de Oracion church has been arrested on suspicion of molesting three elementary school-age girls. According to a news report in The Daily Breeze, the retired pastor faced arraignment at the Torrance courthouse for multiple counts of molestation. Officials say that over a two-year period, the man allegedly molested the three girls at his north Torrance home and at his church located at Prairie Avenue and 180th Street.

Individuals under the age of 18 cannot legally give consent to sexual activity with an adult. Therefore, all sex acts involving a minor are illegal and can result in life-altering penalties. Under California Penal Code 288: “any person who willfully and lewdly commits any lewd or lascivious act … upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony.”

Lawndale Man Charged with DUI Following Crash with Police Car

A 21-year-old Lawndale man has been arrested on suspicion of driving under the influence (DUI) after crashing into the back of a marked Hermosa Beach police vehicle. According to a news report in The Daily Breeze, the alleged DUI incident occurred on Eighth Street west of Pacific Coast Highway in Hermosa Beach.

Officials say that the man was driving without a valid license and showed a blood alcohol content (BAC) of .22 on his preliminary breath test. The officers involved in the allegeddrunk driving crash were treated for minor neck, head, and back injuries. The 21-year-old man was being held on $100,000 bail.

How California’s Proposition 36 Affects Drug Crime Defense

The Substance Abuse and Crime Prevention Act, known as Proposition 36, is a California law that allows individuals struggling with drug addiction to receive treatment instead of punishment. Rather than spend time in jail or prison for a non-violent drug offense, some individuals can receive treatment in a substance abuse program for up to 12 months with a possible six months of additional aftercare.

To qualify for Proposition 36 sentencing in California, defendants must have been convicted of a nonviolent drug offense. Drug crimes that can qualify under Prop 36 include being under the influence of a controlled substance or possessing or transporting a controlled substance for personal use.

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_10026025 The 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.”