![[Yes] You Can Get A DUI If Your Car Was Parked](https://aizmanlaw.com/wp-content/uploads/2021/07/image-60-768x192.jpeg)
Can you really get a DUI if you were not driving when the officer approached your vehicle? The short answer is……Yes The long answer is ……..Under Mercer v. Department of Motor Vehicles, the law demands proof of your volitional movement1 of a car before being convicted of a DUI. In this article, I will explain what happens…
There are eight (8) reasons why a dry reckless plea bargain is much better than a DUI. A dry reckless is not a priorable offense. There is no ignition interlock device requirement. Shorter jail sentence. Less time on probation. Lower fines. No mandatory loss of your driver’s license. No mandatory participation at DUI classes. Insurance policy less…
In this post, I am going to show you exactly which mistakes police officers can make when instituting a DUI checkpoint. In fact: I have used these mistakes to file motions to suppress incriminating evidence or to file motions to dismiss charges. Let’s get started… Are DUI Checkpoints Legal in California? Yes, under state law, police departments are permitted to set…
In this post, I will explain five (5) important things you should know about the DUI blood test. First, watch this short video to see why I recommend taking the blood test instead of the breath test. In California, there is an implied consent law that states that all drivers give their implied consent to a DUI chemical…
If you are arrested for DUI and have G.E.R.D then this may have influenced the results of your DUI breath test. In fact, an expert can testify on your behalf and show that G.E.R.D was the cause of your falsely high BAC reading Lets take a closer look…. What Is Gerd? GERD stands for “Gastroesophageal Reflux…
In this guide, I will explain the DUI “no driving” defense which is the most effective defense against a DUI conviction. We have successfully used this defense to help dozens of clients get their DUI’s reduced or dismissed. Let’s get started… Reasons For DUI Stop Most DUI arrests are typically based on a traffic stop by a…
In this post, I will explain the rising blood alcohol defense which is one of the most effective defenses in a DUI case. We have successfully used this defense to help dozens of clients get their DUI’s reduced or dismissed. Let’s get started… Rising Blood Alcohol Defense If a person is pulled over by the police for driving under…
A DUI breathalyzer test including at what point the test was taken and how many times the test was taken can influence the evidence gathered by prosecutors and ultimately the DUI case itself. Implied Consent California’s driving under the influence (DUI) law includes an implied consent law. This law holds that any person who drives…
When Can The DMV Suspend Your License? Your license can be suspended under any of the following circumstances: You were detained on suspicion of drinking while under the influence and took a breath or blood test that indicated you had a blood alcohol concentration (BAC) of at least 0.08% You were similarly detained and refused to submit…
The following are 4 things you should know about Miranda and DUI stops. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney and have them present with you while you are being questioned. If you…
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