Archive for September, 2011

Factors That Can Enhance a DUI Charge in California

One thing you should know about a DUI arrest is that every DUI case is different, each with their own unique circumstances.  When it comes to deciding the penalties for a DUI charge, the judge and/or looks at many factors.  There are certain factors, however, that can enhance a DUI charge in California including:

Having minors in the vehicle with you at the time of arrest Being under the legal drinking age (The legal age is 21 in most states.) Any prior DUI charges Causing an accident, injury, or death to other people Having a BAC (blood alcohol content) of .20% greater than the legal limit Speeding or reckless driving

In the state of California enhancements are usually added on when the charges are initially filed, but they can be added at a later time if the case is still pending and the enhancements won’t threaten the driver’s right to a fair trial. These additional allegations must be proven beyond a reasonable doubt or the sentence cannot be enhanced.  If you are found to be guilty of these additional allegations, you can probably see higher fines, longer jail sentence, longer mandatory DUI education, longer driver’s license suspension, and a more restrictive probation.

If you have been arrested for drunk driving and your case includes any one of the circumstances mentioned above, it may be beneficial to hire an experienced California DUI defense lawyer who specializes in DUI cases.  A lawyer can investigate your case and make sure that your right to a fair trial is upheld in court.

Originally published here.


San Diego Web Studio

Things To Do To Avoid Dui Conviction

No one likes being cited for Driving under the Influence. A DUI conviction is a permanent one and will impede a lot of the things you do. When applying for a job and other matters, this conviction must be told to your prospective employer. And in some counties, like in San Diego, being cited for a DUI means hiring lawyers San Diego since the process is long, tedious and for those unfamiliar with San Diego county DUI process, confusing.

Here are some things that may help you prevent from getting a DUI conviction:

- Don’t Drink and Drive. It is a simple maxim but often the hardest to follow. Especially if you have a long commute, do not drink and drive. It may be hard especially when going to functions and gatherings where wine and alcohol is served but you can discipline yourself to be mindful of the drinks. You can even plan ahead and search for a designated driver. If the commute is long, then why not stay for the night by checking in a nearby hotel or inn and taking a cab to the place. There are many options for you to take so take them.

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- If under medication, consult your doctor to find out if there are any side effects. Sometimes, medicine has almost the same effect as being inebriated. Talk to your doctor if he or she prescribes you some medication to see if it will affect your driving. And if you feel any amount of drowsiness while driving, go to the nearest rest area and then take a snooze. Make sure that you are feeling better when you wake up. Take a few minutes to get out of the car and see if you have your bearings. If you still feel a bit giddy or drowsy, then get some rest till you feel better and can drive to your destination.

- If you get pulled over by the police for any reason, be courteous and respectful. By doing so, you have a better chance of being let off with a warning. Also, all pullovers are being recorded by the police so in the worse case scenario that you get cited, you can use the video recording to show that you were being respectful and cooperative with the police.

- Follow the speed rules. Different areas may have different speed zones. Be aware of that and follow the rules that dictate the speed limits.

Originally published here.


Steven Magill