The coronavirus pandemic has altered life as we know it in many ways, including changing the way we work and socialize. While some effects of the pandemic were foreseeable, others were arguably unexpected. For example, as shown by a recent article regarding DUI arrests in Santa Clarita Valley, the rates…
In criminal cases throughout the country, the prosecution bears the burden of proving that the defendant committed the charged offense. Thus, the prosecution will typically conduct an investigation and engage in discovery to obtain any evidence that would imply or prove the defendant’s guilt. If the prosecution uncovers evidence that…
In cases in which a person is convicted of a DUI charge, the sentencing court will require the person to mount an ignition interlock device in his or her car. Ignition interlock devices and other devices that aim to restrict drivers from driving while intoxicated typically are reserved for instances…
The United States Constitution affords people in every state numerous rights, including the right against unreasonable search and seizure. What constitutes a violation of that right varies, but in many states, a person cannot be arrested for a misdemeanor crime absent a warrant or an observation by a police officer…
When most people contemplate what constitutes grounds to charge a person with DUI, they think of driving while intoxicated due to the consumption of alcohol. In many states, however, a person can be convicted of DUI for driving while under the influence of other substances, such as illicit or prescription…
It is not uncommon for a person that observes someone driving erratically to call 911 to report reckless driving. If a police officer stops a driver based on an anonymous tip, however, and the driver is subsequently charged with DUI, an issue often arises regarding whether a 911 call in…
One of the tenets of DUI law throughout the country is that the police must have reasonable suspicion that a person operating a vehicle committed a crime or violated a traffic law prior to effectuating a traffic stop. Thus, if an officer lacks sufficient grounds to stop a motorist, any…
The COVID-19 pandemic continues to affect many aspects of life throughout the state and country, including driver’s rights. Many people have questions regarding how to renew their license or registration, upcoming hearings, and the removal of ignition interlock devices, and are faced with multiple conflicting sources of information. Fortunately, however,…
Although all states criminalize driving while intoxicated, a DUI conviction does not carry the same penalty in each state. Further, the states do not necessarily categorize subsequent DUI convictions in the same manner. Discrepancies in the treatment of DUI convictions among states can pose a problem if a person convicted…
As marijuana use becomes increasingly legal throughout the country, legislatures and courts are slowly establishing laws, further defining and limiting its use. For example, an issue that keeps arising is whether the smell of marijuana emanating from a car provides probable cause for the police to believe the driver of…