Category Archives: Featured

What to do when pulled over for DUI

December 31, 2011

My answer will be based on several things: California law (based on my experience as a cop, a prosecutor, a defense attorney and an instructor at a police academy), common sense and tidbits for thought.
First - California law.
There are two different charges for DUI - 23152(a) and 23152(b) of the Vehicle Code. The first [...]

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If the officer doesn’t show for my DUI case, will it be dismissed?

December 30, 2011

In a traffic case, if it’s set for trial, the court issues a notice to appear for the officer. If they’re properly served and don’t show on the trial date, case dismissed. Not so in a DUI, however.
There are several stages of a misdemeanor case such as a DUI. The first court appearance is the [...]

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What is the difference between reasonable suspicion and probable cause?

November 30, 2011

Reasonable suspicion is what they need to detain you. Probable cause is what they need to search. Slightly different burdens and a slightly different analysis.
If you’re contacted by the police, your first question should be, “Am I free to go?” If the answer is yes, then you are free to walk away. [...]

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DUI Checkpoints - Fourth of July weekend in Orange County

June 30, 2011

As expected, Orange County police and sheriffs are gearing up for extra DUI patrols this holiday weekend.  The Orange County Sheriff’s Department announced today that DUI checkpoints will be conducted in Brea, Aliso Viejo and Irvine.
On Friday, July 1, The Brea Police Department will conduct a DUI checkpoint from 7:00 p.m. until 3:00 a.m. and [...]

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Should you talk to the police?

May 9, 2011

I still get this question all the time -
“If I’m completely innocent, why shouldn’t I make a statement to the police?”
I’ve written before about calling a detective back and the risks there. But what about answering questions in person if you’re contacted during an investigation?  Should you talk to the police if you “have [...]

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