California Supreme Court Outlaws Science In DUI Cases Scientific evidence challenging the accuracy of breathalyzers is not admissible, California Supreme Court rules. Scientific evidence cannot be brought into evidence to challenge a borderline conviction for driving under the influence of alcohol (DUI) in California. The state Supreme Court last week rejected Terry Vangelder's attempt to [...]
Retailers and night club owners have the right to protect their property and patrons from criminal activity. In the case of retailers, a store owner has what is called the "shopkeepers privilege". This allows the store security to detain you for a reasonable period of time if they have reasonably believed a crime occurred. However, [...]
With the ever-rising popularity of MMA (Mixed-martial arts) it is likely that more and more criminal cases will be prosecuted in which the victims and/or perpetrators will have had some level of training. It is important to understand that, to quote self-defense expert Animal MacYoung, "The problem with self-defense training is 1) that it doesn't [...]
If you have been arrested in Sonoma County for DUI, you will almost certainly be charged with the crime of driving under the influence, and your name forwarded to the California Department of Motor Vehicles. Thus, your case will go forward in two different avenues, the criminal court and the administrative arm of the DMV [...]
If you have been arrested by the police, more than likely you are going to have a lot of questions. That is why it is important to understand the process. A misdemeanor is a crime that is punishable by a sentence of less than a year in prison. A felony is a crime that is [...]
California Family Code Section 3044 3044. "(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child's siblings within the previous five years, there is a rebuttable presumption that an award of sole or [...]
The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident. Any person who violates this law shall be punished by imprisonment in the state prison, or in [...]
The Fourth District Court of Appeal in Santa Ana ruled Wednsday that Prop. 83, which prevented sex offenders from living 2.000 feet from a school or park is punitive in nature and therefore retroactively would punish sex offenders who would be forced out of their homes.
A recent California Supreme Court decision has allowed an arrested person who was shot in the buttocks while resisting arrest to file a civil complaint despite his conviction. Sacramento Police officers arrested Yount on suspicion of drunk driving. An officer mistakenly pulled out his pistol instead of his taser and shot Yount once in the [...]
Are high profile murders with juvenile suspects part of a trend? Steven Mayer, The Bakersfield Californian Dec. 6--The headlines earlier this year were enough to leave an entire community shaken: Five boys, some as young as 13, accused in beating death of 81-year-old man. Then it happened again: Two teens charged in stabbing death of [...]
