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More and more it is becoming quite clear that for many people the penalties for Driving Under the Influence outside the courtroom are more severe than the court imposed penalties.  For example a Commercial Driver will become disqualified for a commercial license for a period of one year if their license is...

Most states, if not all, allow a jury to be instructed on Necessity as a defense to a crime. This is a difficult instruction to apply in a DUI case but appropriate to some facts.  The defense usually requires that there be a threat to the individual or another person that the...

MARTINEZ – State Assemblyman Roger Hernandez repeatedly refused to take a breath or blood test after his drunken-driving arrest in March, which prompted Concord police to prepare to have the local lawmaker’s blood forcibly drawn, the arresting officer testified Wednesday. After warning Hernandez, D-West Covina, that refusing a test...

Recently the Legislature passed a revision to California Vehicle Code section 13352. This law provides persons convicted of a 2nd DUI an opportunity to obtain a restricted driver’s license after a 90 day suspension (as opposed to one year) with the installation of an Ignition Interlock device. A restricted license is unavailable until...