A Positive Perspective – At trial, it is imperative to present a positive perspective of the relevant facts. The ultimate goal is to present a logical explanation for the defendant’s allegedly erratic driving behavior. Officers will skew evidence favorably for the prosecution, so defendants must also present an alternate perspective. This provides the jury with an opportunity to select the most credible explanation.
It is most universally accepted that the indicators of intoxication are fatally flawed because sober individuals can be characterized as drunk drivers. According to legislative findings, there are approximately 60 pathological conditions that exhibit symptoms of alcohol consumption, despite the lack of alcohol being present. Alcohol symptoms may be the product of illness or medication, insulin overdose or deficiency, nervous system injuries, concussions, or hypoglycemia. Nevertheless, officers are adamant that their observations conclusively prove intoxication. [Read more…]
Rape – “unlawful carnal knowledge” – is sexual intercourse with a woman without her consent. As far as the law in most states is concerned, a man cannot be “raped,” although he can be sodomized.
The rapist does not have to use physical force; threats of harm are sufficient. In most enlightened states, the victim does not have to resist the rapist physically, especially where any resistance would be futile and might subject her to more danger. For example, if a rapist wields a knife in front of his victim, telling her that he will slit her throat if she does not cooperate, the woman does not have to attempt to struggle with the rapist. To do so could well mean her death. [Read more…]
California Department of Motor Vehicles, Administrative hearing, and the criminal court are independent entities, and actions taken by the criminal court are separate from actions taken by the DMV. A DMV Administrative hearing allows a person that received notification of an action taken against their driving privilege to contest the action.
Motorists charged with for example, a DUI, driving under the influence of drugs, or reckless driving generally receive such notifications from the DMV. If you have received a notice from the DMV of actions taken against your driving privileges and you wish to contest the judgement, you must request an administrative hearing within 10 days of receiving personal service or 14 days from the date the DMV notice is mailed. If you do not make the request within this time period, your right to a hearing is forfeited. [Read more…]
Like all states, it is unlawful in the state of California to drive under the influence (DUI) of drugs or alcohol. DUI is a criminal charge, not a traffic infraction like speeding or going through a stop sign. Consequently, if you have been arrested or charged for DUI, it makes sense to hire an attorney to represent and defend you, particularly if you believe that the charge is unjustified in any way, or the process by which you were arrested, charged, or tested was unfair.
Nationwide, the legal limit that defines DUI is 0.08% BAC, or “Blood Alcohol Content,” a measure of the amount of ethanol compared to blood within the bloodstream by volume. For drivers under 21, the legal limit is 0.01%, and for commercial driver’s license holders, it is 0.04%. BAC may be determined by a chemical test of breath, urine, or blood. Even when a driver is under this limit, however, he is not immune to charges—he may still be cited for reckless driving if he was pulled over on suspicion of DUI for driving erratically.
For an individual who weighs a sleight 100 lbs., the legal limit can be reached after less than 2 drinks. For an average male who weighs under 200 lbs., BAC can reach 0.08% after four or five drinks. In California, according to the DUI Management Information System statistics, the median BAC of drivers arrested for DUI is 0.15%—nearly twice the legal limit. [Read more…]
The Census Bureau ranked the Bay Area suburb of Pleasanton the wealthiest mid-sized city in the United States In 2005 and 2007. Located in Alameda County, Pleasanton was also been dubbed the sixty-third best place to live in 2010 in Money magazine. Its neighboring cities are Dublin, Livermore, and Hayward.
Only 24.3 square miles, Pleasanton is a lively city with a small-town feel and several occasions during which the community comes together include farmer’s market days, First Wednesday celebrations, Friday Concerts in the Park, and the Alameda County Fair. A local highlight is the regional park Shadow Cliffs, which has a lake.
Like other Bay Area suburbs, Pleasanton sees significant traffic, due to its office parks, which house the operations of a number of large employers, including Kaiser, Oracle, Macy’s, Roche, and AT&T. Pleasanton serves as headquarters to Safeway and other major corporations. [Read more…]
The city of Berkeley, located in Alameda County, is one of the nation’s most progressive cities. Home to a University of California campus, Berkeley is 17.7 square miles with a population of approximately 112, 580. It is accessible by Interstate 80, Interstate 580, and Highway 13.
The area around the university is heavily-trafficked both by residents and visitors. It is accessible by foot, car, the BART train, and AC transit buses. There are numerous landmarks and cultural points of interest including the Berkeley Marina, the Berkeley Rose Garden, Tilden Park, Lawrence Hall of Science, Telegraph Avenue and People’s Park, Hearst Greek Theater, La Pena Cultural Center, The Freight and Salvage, the Berkeley Art Museum, and the Pacific Film Archive.
In addition to its liberal reputation and bustling college campus, Berkeley is known for its unusual and pioneering businesses, some of which no longer exist. Among these businesses are: Chez Panisse, Peet’s Coffee, 924 Gilman, Cody’s Bookstore, and The Nature Company. [Read more…]
Lying between the San Andreas Fault and the Calavaras fault in Santa Clara County, San Jose is the third largest city in California. Nicknamed “Capital of Silicon Valley,” San Jose spent 150 years as a Bay Area farm community, until just after World War II. The explosive growth of the tech sector since the 1990s led to huge population growth in San Jose and neighboring cities. The population was approximately 958,966 in 2012.
Three Interstate freeways and one U.S. route flow through San Jose. Traffic congestion peaked during the tech growth in the late 1990s as employment and housing prices rose. Although it fell when the tech bubble burst, it rose again when the tech sector bounced back around the mid-2000s. The congestion on San Jose freeways has led to several expansion projects, including expansion of the state highway 87.
San Jose’s downtown area is on a flight path toward the Mineta San Jose International Airport. San Jose is home to the Children’s Discovery Museum, Tech Museum of Innovation, the San Jose Sharks, Opera San Jose, numerous professional and youth performing arts organizations, and a thriving nightlife. It is also the base for numerous large corporate employers, including Adobe, Cisco Systems, Fry’s, Knight Ridder and Pay Pal. The suburban sprawl and freeway traffic that now exists around San Jose is akin to the sprawl around Los Angeles in Southern California. [Read more…]
Walnut Creek is an incorporated city near Mount Diablo in the San Francisco Bay Area. The community was set up in December 1862, when the United States Post Office was established. It grew when the Southern Pacific Railroad Service arrived in 1891. A branch of the railroad passed through Walnut Creek until the 1970s. The city was incorporated in Contra Costa County in 1914.
In 2012, CBS Money Watch and U.S. News named Walnut Creek one of the 10 best places to retire in the United States. It has the most open space of any community in California. Among its parks are the Diablo Foothills Regional Park and the Castle Rock Regional Recreation Area. With cultural attractions, the first major retail center in Contra Costa, as well as its status as headquarters for the Pac-12 Conference, Walnut Creek sees a lot of traffic from residents of neighboring cities. [Read more…]
Walnut Creek is a city located in Contra Costa County, the first county in California to adopt the “Zero Tolerance for Domestic Violence” initiative in February 2000. Zero Tolerance for Domestic Violence is a multi-agency effort, designed to reduce domestic and other violence between people in intimate relationships. It assumes that strong early intervention with those that commit domestic violence offenses at the misdemeanor level will prevent the violence from escalating to the felony-level.
As part of the Zero Tolerance initiative, private and public agencies in Walnut Creek are encouraged to share information with each other to facilitate stronger and more efficient responses to domestic violence. In accordance with the program’s goals, during the first ten years after the initiative began there was an increase in prosecution of misdemeanor domestic violence, but a reduction in felony-level domestic violence charges. In light of these evolving trends in enforcement, if you are accused of domestic violence in Walnut Creek, the best course is to hire experienced and knowledgeable attorneys to defend you and seek the best possible outcome. [Read more…]