In a San Diego criminal courthouse, the judge cannot also be the prosecutor and vice versa. It would be fundamentally unfair to you if the person presiding "neutrally" over your trial is also trying to put you in jail. But in a way, that is what the California...
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Year: 2022
California’s misdemeanor diversion law doesn’t include DUIs, court rules
A decision by California's Fourth District Court of Appeal represents a major reversal for people who have been charged with a low-level DUI offense in San Diego. The court ruled that a new law that made entering into a diversion program as an alternative to trial...
Study suggests a ‘marijuana breathalyzer’ cannot work
For years, law enforcement in states that, like California, have legalized cannabis for recreational and medical use have sought the equivalent of a DUI breath test device, but for marijuana. Entrepreneurs across the country have tried to strike it rich by inventing...
The problem with DUI field sobriety tests
For decades, American law enforcement has used field sobriety tests on suspected drunk drivers. They have the support of the U.S. National Highway Transportation Safety Administration (NHTSA), which has authorized three "standardized" tests that it says are reliable...
How a prescription medication can lead to a DUI without you realizing it
Medication for mental illnesses like anxiety, depression and attention deficit hyperactivity disorder (ADHD) is so common that if you are not taking one, you probably know someone who is. These medications help millions of Americans work, care for their families and...
What can happen if I’m arrested for DUI a second time?
Everyone makes mistakes, and most people agree that an error someone made years ago should not continue following them around. Especially if the person has already taken his legal punishment. Bringing back an old criminal conviction to tack on further penalties can...
How might a DUI conviction impact a college student?
In college, students often have a rich social life in addition to their academic life. When that social life involves alcohol, however, one mistake might lead to a criminal charge that impacts their life and their participation in college. How can a charge of driving...
Can a DUI jeopardize my nursing license in California?
Yes. A conviction for driving under the influence not only places you at risk for jail time, fines and losing your driver’s license, but it could place your professional nursing license at risk. The California Board of Registered Nursing (BRN) investigates RNs whose...
How do officers determine whether someone is under the influence of drugs?
Many people are aware of the tests that officers may employ when determining whether a driver is under the influence of alcohol — including a breath test or field sobriety tests. However, you may not be aware of the ways that they identify potential drug use. How do...
Insurance rate increases: a common cost of DUI convictions
After a drunk driving conviction, people often find their budgets strained by a variety of expenses. They may need to pay fines, the terms of their sentence may keep them away from work and they may face additional costs related to the maintenance of an ignition...