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Recent Blog Posts
San Francisco DUI Lawyer: Getting Felony Drunk Driving reduced
Felony Drunk Driving - How Experienced DUI Lawyers Can Sometimes Get It Reduced To A Misdemeanor
There are several ways that a California drunk driving incident in California can be treated as a felony, but prosecutors and judges retain separate discretionary authority to reduce the offense to a misdemeanor in most circumstances. Here is a passage from Chapter 1 of California Drunk Driving Law, by Kuwatch, Burglin & Simons (James Publishing) that summarizes this authority:
Offenses that may be prosecuted as either a felony or a misdemeanor are commonly referred to as “wobblers.” Even though a prosecutor may charge a wobbler offense as a felony, the trial court may declare it to be a misdemeanor at either the preliminary examination, the time of sentencing, or anytime following a grant of probation. P.C. §17(b). Although California Penal Code (P.C.) § 1238(d) may, under some circumstances, permit the People to obtain appellate review of a P.C. § 17(b)(5) reduction order by way of a petition for writ of mandamus (see, e.g., People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968), as a general rule the People have no right to appeal such an order. People v. Williams (2005) 35 Cal.4th 817. Alvarez contains a helpful discussion regarding the appropriate considerations for a P.C. §17(b)(5) reduction order. The Court’s power to reduce a wobbler to a misdemeanor exists even if the felony involves a GBI enhancement. People v. Feyrer (2010) 48 Cal.4th 426. California Drunk Driving Law, by Kuwatch, Burglin & Simons (James Publishing) Copyright 2011.
San Francisco DUI Attorney Paul Burglin - IID Restricted License
The Latest Hurdles On IID-Restricted Licenses For Multiple DUI Offenders by San Francisco DUI Lawyer Paul Burglin
Even those second and third-time DUI offenders with both violation and conviction dates subsequent to July 1, 2010, are encountering hurdles with the DMV in terms of getting an early IID-restricted license.
Hurdle # 1: Until the conviction is actually recorded by the DMV's Mandatory Actions Unit, local DMV offices will not issue the IID-restricted license. Delays in the recording of the conviction by Mandatory Actions are reportedly backlogged by 8 to 12 weeks! There is no legal excuse for this delay!
Hurdle #2: The DMV is refusing to issue early IID-restricted licenses to second and third offenders who have suffered an APS suspension under the zero-tolerance law for DUI probationers. There is no legal basis for this position either. California Vehicle Code section 13353.3(b)(2)(B) specifies that these one-year administrative suspension actions terminate upon eligibility for an IID-restricted license under Vehicle Code section 13352(a)(3) or (5). It makes no exception for zero-tolerance suspensions regarding DUI probationers.
San Francisco DUI Attorney Paul Burglin - Update on IID Restricted License
San Francisco DUI Attorney Paul Burglin has persuaded a second Superior Court judge in Marin County to order the DMV to grant his client an Ignition-Interlock restricted driver's license. Judge Lynn Duryee and Judge Verna Adams of the Marin County Superior Court have now both ruled in favor of Burglin's clients that the new IID-restricted license law effective July 1, 2010, applies to individuals with violation dates prior to July 1, 2010.
If you are a second or third time DUI offender interested in obtaining an IID-restricted license, contact San Francisco DUI attorney Paul Burglin today at (415) 453-0534.
RULING February 1, 2011
The petition for writ of mandate is granted. Applying its independent judgment, as articulated in Association of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control Dist. (2008) 168 Cal.App.4th 535, 542-543 and Yahama Corp. of America v. State Bd. Of Equalization (1998) 19 Cal.4th 1, 7-8, the court finds that the July 1, 2010 amendment to Vehicle Code section 13352, subdivision (a)(3) applies to Petitioner. The effect of that amendment is to reduce the civil penalty by allowing a convicted driver to seek a restricted license after serving 90 days of the two-year suspension rather than 12 months of the suspension. “…What was said [in In re Estrada (1965) 63 Cal.2d 740] with regard to an amendatory statute lessening criminal punishment equally applies to the reduction or elimination of civil penalties or forfeitures." (People v. Durbin (1966) 64 Cal.2d 474, 479.) Respondent shall grant Petitioner an IID-restricted license upon satisfaction of the conditions specified in section 13353, subdivision (a)(3).
From the San Francisco DUI Attorney Files: Police Stopping a Motorist
May the Police Lawfully Stop A Motorist Based Solely On Somebody Reporting a Drunk Driver?
The key to beating a DUI charge in San Francisco---or at least getting a reduced offer on it---is to retain a local San Francisco DUI lawyer who specializes in this field. Such a lawyer will know the ramifications of a DUI conviction and how the California DMV will treat a drunk driving conviction. If you have one or more prior convictions for DUI or DWI (some states refer to it as "driving while impaired"), you want an attorney who is knowledgeable about the ways to attack prior convictions and the adequacy of out-of-state convictions.
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When evaluating the constitutionality of a detention based on a tip to the police, one must preliminarily note the distinction between “anonymous tipsters” (folks who telephone the police about a crime, but do not identify themselves and are not known to the police), “government agents” (snitches working for the constable) and “citizen informants” (chance witnesses or crime victims who expose their identity). With regard to “anonymous tipsters” and “government agents,” there is no presumption of reliability attached to their reports. With “citizen informants,” however, there is a presumption of reliability, but even this presumption does not “dispense with the requirement that the informant—whether citizen or otherwise—furnish underlying facts sufficiently detailed to cause a reasonable person to believe that a crime had been committed....” People v. Ramey (1976) 16 Cal3d. 263, at 269.
IID-Restricted Licenses - San Francisco DUI Attorney Paul Burglin
This material is taken from California Drunk Driving Law (James Publishing), by Kuwatch, Burglin & Simons. This is copyrighted material and may not be reprinted or published without written permission from James Publishing.
If you are a multiple offender interested in the possiblity of obtaining an IID restricted license as soon as possible, please contact San Francisco DUI Attorney Paul Burglin.
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IID-Restricted Licenses Available for Most Multiple Offenders After Just 12 Months, And Sooner For Some Second And Third Offenders
Effective January 1, 2006, multiple CVC § 23152 (non-injury) and § 23153 (with injury) offenders became eligible for an IID-restricted license after just 12 months of suspension, subject to various conditions and limitations.
San Francisco DUI Legal Defenses
SAN FRANCISCO DUI LEGAL DEFENSES
There are various constitutional and statutory laws that can, in conjunction with the particular facts of criminal charge of drunk driving in California provide a compelling legal defense.
Here are a few of the possible factors that could help find you NOT GUILTY of driving under the influence:
- Did anybody see the car moving with you behind the wheel?
- Did you drive because there was some sort of emergency?
- Did somebody spike your drink with alcohol?
- Did you have an unanticipated reaction to prescribed medications?
- Was your performance on the field sobriety tests (FST’s) bad because of injury to your knees, back, joints or elsewhere?
- Were you asked to perform FST’s on something other than a flat, smooth, and well-lit surface?
- Do you suffer from diabetes or hypoglycemia?
- Did you have a fever during breath testing?
- Were you wearing removable dentures during breath testing?
What is the key to beating a DUI charge in San Francisco?
The unique aspect of California DUI prosecution in the City and County of San Francisco is that the potential for a good plea bargain is higher than in virtually any other Bay Area county. The reason for this is a mix of good liberal politics and a crowded court docket. Prosecutors at the San Francisco Hall of Justice recognize that drunk driving is not the crime of the century and they know that jurors in this great City tend to be more skeptical and questioning of police tactics and evidence.
The key to beating a DUI charge in San Francisco - or at least getting a reduced offer on it - is to retain a local lawyer who specializes in this field. Such a lawyer will know the ramifications of a DUI conviction and how the California DMV will treat a drunk driving conviction. If you have one or more prior convictions for DUI or DWI (some states refer to it as "driving while impaired"), you want an attorney who is knowledgeable about the ways to attack prior convictions and the adequacy of out-of-state convictions.
Hollister Lawyer Disbarred for Sexual Relations with Inmate Clients
Have you been charged with a DUI San Francisco, DUI Marin, DUI Sonoma or DUI Napa ? My name is Paul Burglin and I am a San Francisco Bay area drunk driving attorney who for over 25 years has specialized in drunk driving defense in San Francisco, Marin, Sonoma, Napa and surrounding communities. I am also the co-author of "California Drunk Driving Law".
Before hiring an attorney it is advisable to check their status and any history of license suspension history with the California State Bar (you can go to www.calbar.org and do an Attorney Search by name under the "Public" link). As reported by the California State Bar in the announcement below, a criminal defense attorney was recently disbarred for inappropriate sexual conduct with two clients. Your right to counsel in a criminal case includes the right to have an attorney who will defend you with integrity and professionalism.
Marin DUI Attorney - DUI Checkpoint in Marin this Weekend
The San Rafael Police Department has scheduled another DUI and driver's license checkpoint in Marin County for this Wednesday, November 24th from 6 p.m. to 2 a.m. It will start on Freitas Parkway at Las Gallinas Avenue but will probably move to Irwin Street at Fifth Avenue later in the evening.
This law enforcement activity is funded by a Selective Traffic Enforcement Program (STEP) grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
My Comments: I am not opposed to enforcement of the vehicle code and reasonable efforts to keep our community safe, but I am troubled by the warrantless detention of people without even probable cause to believe a violation of the law has been committed.
These “checkpoint" detentions involve uniformed police officers stopping citizens in the middle of the night and asking them where they have been and where they are going, and demanding identification (i.e., let me see your papers!). The mere odor of alcohol on your breath, though perfectly legal, prompts these officers to order you out of your car with a “request" that you perform coordination exercises on the side of the road. It’s supposedly just a request, but failure to adhere to it results in your immediate arrest for alleged suspicion of driving under the influence!
Latest Update on IID-Restricted Licenses - San Francisco Dui Attorney
LATEST UPDATE ON IID-RESTRICTED LICENSES: The DMV has now lost two separate lawsuits in Marin and Orange Counties based on its refusal to grant IID-restricted license (ignition interlock devices) to second-time DUI offenders with violation dates earlier than July 1, 2010, but with conviction dates subsequent to said date. A third lawsuit is reportedly now pending in Monterey County, wherein both the violation and conviction dates are prior to July 1, 2010. Notwithstanding the two losses, the DMV has yet to reverse its policy and will soon face additional lawsuits that include claims for attorney fees based on its arbitrary and capricious conduct. Clearly, the DMV is thumbing its nose at both the Legislature and the Courts, insisting upon a course of action that defies the legislative goal of encouraging DUI offenders to install ignition interlock devices in their vehicles. If you are a second or third time DUI offender interested in obtaining an IID-restricted license, contact San Francisco DUI attorney Paul Burglin today at (415) 453-0534.
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