Category: DUI

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...