DUI of Alcohol and/or Drugs, Under 21 DUI, Zero Tolerance (Probation Violation), Felony DUI Accident with injury, Felony DUI (Four or more), Refusals, Pilots, Commercial Drivers, Boating Under the Influence Cases, Excessive Speed Enhancement, Evading Police, Child Endangerment, Reckless Driving, Hit and Run, Driving on a Suspended License, Unlicensed Driver, and more. If you have charges related to alcohol, drugs, DMV, or driving this firm does it all very well.
DUI involving drugs in governed by Vehicle Code 23152(a) and can be difficult for the Prosecution to prove. Unlike DUI cases involving alcohol where there is a .08% limit, there are no such limits involving drugs. These cases typically involve a quantitative and/or qualitative analysis of one's blood (sometime urine). Based on this analysis the prosecution will decide to go forward on a case, dismiss it, or not file any charges on it.
DUI drug cases involve similar penalties as an alcohol related DUI case and can also be enhanced for each subsequent DUI charge. These cases need not only an expert DUI attorney, but experts in drug analysis and Drug Recognition Experts (DRE) to evaluate a case to see what the state's evidence really means. Mr. Price has a great relationship with some of the best experts in the state that he uses when handling these cases. He has also successfully defended many drug cases!
V C Section 23582 Speeding Additional Penalty
Speeding: Additional Penalty
23582. (a) Any person who drives a vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, and in a manner prohibited by Section 23103 during the commission of a violation of Section 23152 or 23153 shall, in addition to the punishment prescribed for that person upon conviction of a violation of Section 23152 or 23153, be punished by an additional and consecutive term of 60 days in the county jail.
(b) If the court grants probation or suspends the execution of sentence, it shall require as a condition of probation or suspension that the defendant serve 60 days in the county jail, in addition and consecutive to any other sentence prescribed by this chapter.
(c) On a first conviction under this section, the court shall order the driver to participate in, and successfully complete, an alcohol or drug education and counseling program, or both an alcohol and a drug education and counseling program. Except in unusual cases where the interests of justice would be served, a finding making this section applicable to a defendant shall not be stricken pursuant to Section 1385 of the Penal Code or any other provision of law. If the court decides not to impose the additional and consecutive term, it shall specify on the court record the reasons for that order.
(d) The additional term provided in this section shall not be imposed unless the facts of driving in a manner prohibited by Section 23103 and driving the vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, are charged in the accusatory pleading and admitted or found to be true by the trier of fact. A finding of driving in that manner shall be based on facts in addition to the fact that the defendant was driving while under the influence of alcohol, any drug, or both, or with a specified percentage of alcohol in the blood.
Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
V C Section 14601 Driving When Privilege Suspended or Revoked
Driving When Privilege Suspended or Revoked
14601. (a) No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5 , if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
(b) A person convicted under this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000).
(2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).
(c) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for at least 10 days.
(d) Nothing in this section prohibits a person from driving a motor vehicle, that is owned or utilized by the person’s employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (c) of Section 12500.
(e) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to any other requirements, to install a certified ignition interlock device on any vehicle that the person owns or operates for a period not to exceed three years.
(f) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
Amended Sec. 7, Ch. 1064, Stats. 2000. Effective September 30, 2000.
Amended Sec. 26, Ch. 468, Stats. 2003. Effective January 1, 2004.
Amended Sec. 14, Ch. 908, Stats. 2004. Effective January 1, 2005.
Amended Sec. 14, Ch. 682, Stats. 2007. Effective January 1, 2008.
DUI Refusals are extremely serious cases as one is faces a one year license suspension on a first offense and possible misdemeanor charges. If one refuses a chemical test on a second DUI case, they face a two year license revocation! When one applies for a driver's license, they impliedly give their consent that if lawfully arrested for a DUI, they will consent to a blood or breath test. If one is lawfully arrested for DUI and refuses, it can be charged as a misdemeanor and DMV will try to suspend for at least one year even if there is no chemical test indicating they were impaired!
Joshua Price has successfully defended against refusals both at DMV and in Court!
Commercial drivers may not operate a commercial vehicle with a .04% or more Blood Alcohol Level. If they are convicted of a DUI offense operating a non-commercial vehicle:
(1) First Offense will result in a one year loss of commercial driving privileges;
(2) Second Offense will result in a lifetime loss of commercial driving privilege.
There are many ways to keep commercial driver's license despite charged with a DUI. However, one must successfully navigate both DMV and Court or get a Not Guilty of Driving with a .08% or more BAC. If one wins a DMV Hearing and is convicted of a non-DUI offense, there will be no loss of license or commercial license.
Call Mr. Price for a free consultation to go over your case and make sure you do everything you can to have your case completely dismissed and retain the ability to drive!