Tag Archives: dui

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DUI Marijuana

Simply because marijuana has been legalized for recreational use in California does not mean that it’s okay to drive under its influence. California Vehicle Code 23152(e) treats DUI marijuana the same as DUI alcohol when it comes to the penalties that apply to those convicted of DUI marijuana and states, “It is unlawful for a person who is under the influence of any drug [including marijuana] to drive a vehicle.”

The penalties for being convicted of DUI marijuana are the same as those for driving under the influence of alcohol are more severe for repeat offenders.

1st offense- 48 hours to 6 months in County jail, DUI courses can be 3-6-9 months

2nd offense- 96 hours to a year in County Jail, 18 month DUI course

3rd offense- 120 days to 1 year in jail, 3 year revocation no restricted license

DUI Marijuana Causing Injury

As with DUI alcohol, DUI marijuana carries heavier penalties if there are additional offenses allegedly committed in conjunction with driving under the influence. If a person is convicted of DUI marijuana causing injury and this is a first offense a judge may rule that the offense is a felony and as such the penalties are a 1 to 3-year driver’s license suspension with no exception made for converting to a restricted license, up to 30 months of DUI school, 5 days to one year in jail, and in addition to a fine of up to $5000, the defendant can be made to pay restitution to the injured person.

If the DUI marijuana with injury is determined to be a felony, the penalties are a 5-year driver’s license suspension with no exception made for converting to a restricted license, up to 30 months of DUI school, a $5000 fine and payment of restitution, and 16 months to 16 years in state prison.

Driving under the influence marijuana in California is a serious crime that can have life-altering consequences. If this is the first offense, you could be expected to be able to carry on with a reasonable semblance of your life prior to the conviction because you will be able to convert your license to a restricted license and get to and from work. Regardless, a DUI marijuana is a mark on your driver’s license and your automobile insurance premiums are sure to increase. Also, you will have a criminal record and that could hurt your chances of getting a job, a job promotion, a bank loan, or owning or possessing a firearm to protect your family.

Because of the increased use of marijuana due to its legalization, authorities expect DUI marijuana could become an even greater problem than DUI alcohol in the years to come. If you are arrested and charged with DUI marijuana you should make your first call to the California DUI marijuana lawyers  at The Kavinoky Law Firm. We know that DUI problems don’t always occur during 9-5 business hours and our lawyers are available at all hours and on holidays, 24-hours a day and 365 days a year.

Blog, Criminal

Why Hire A DUI Attorney

You’ve got been charged with dui. It’s possible to next thing – hire a dui lawyer or try to defend yourself being obviously intoxicated (or worse, stoned) while within the driver’s seat? I’d definitely recommend ad units, this article shall care for the function of the DUI lawyer and the way they’ll help bail get you started of the a distressing situation.

It is very simple, being truthful. These lawyers focus on defending folks who suffer from been caught dui of alcohol and/or drugs. They’re informed about handling such cases and so, they have the correct expertise in local and national DUI laws.

While selecting a DUI lawyer won’t be an automatic escape route from trouble, hiring one no less than gives you an enhanced likelihood of needing a real case stricken with the record. Why act as your own lawyer and leave your fate at chance when you are able actually hire an attorney that knows what they’re doing which can be clearly familiar with the laws and policies in your town?

Prior to the actual trial, anyone with a DUI lawyer will need to huddle together for any pre-trial conference. Inside their normal conference, the lawyer can tell you whether you has to be pleading guilty or innocent. He / she will likely give you options and/or suggest a defense which may possibly mitigate the fees against you. Your DUI lawyer will assure you will get the very best defense possible, and when you hire a particularly good one, you then could find those charges getting dropped once stuff has been postulated and done.

There are lots of things you are able to say on your trial which may are employed in cutting your charges. As an illustration, you will end up advised to say your impaired driving was really a results of medication – by medication, we mean the legal variety, needless to say. Your dui lawyer could also suggest for you to inquire about some witnesses to prove you were thinking clearly and acting rationally ahead of your arrest. It’s also possible to are convinced that there was discrepancies within the breathalyzer test administered from the arresting officer.

The treatment depends for your circumstances – just allow to soak your lawyer to really make the suggestions simply because they have (or should have) the requisite skills and experience.

Following the afternoon, it could be your word about the arresting officer. We have to remind you that DUI lawyers won’t be a cure-all to your legal woes. They also can help lower charges as well as help have them dropped. The most beneficial defense, however, against driving under the influence charge, is less costly and complex than you might think. If you’ve had a lot of sauce and need to drive a car home (or drive someone home), hire a sober “designated driver” practice it for yourself instead.