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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, Legal News, Personal Injury

Does Drinking Coffee Sober You Up?

No judge or jury are necessary to decide the issue of whether or not drinking coffee can help a drunk person sober up. Scientifically speaking it cannot. According to an article in Men’s Health online quoting scientists and Ph.D.’s, there is no correlation between drinking coffee and becoming sober. The basic problem with drinking coffee while intoxicated in an effort to sober up is that drinking coffee may give a drunk person the false impression that they are sober and able to drive safely. Robert Swift, M.D., Ph.D., Associate Director of Brown University’s Center for Alcohol & Addiction Studies stated in the magazine’s article, “caffeine can trick your brain into thinking that you’re less drunk than you actually are. Caffeine masks alcohol’s sedation, but it doesn’t actually reduce the amount of alcohol in your blood. You’re still drunk.” Dr. Swift points out that not only does drinking coffee when drunk not help sober you up, it can have adverse consequences such as hindering a good night’s rest which can make a hangover worse and also cause dehydration.

Caffeine Overrides the Feelings of Sleepiness From Drinking

One of the reasons that drinking coffee to sober up is dangerous and even deadly is that the effects of caffeine override the drunk person’s natural feelings of sleepiness making one seem sharp but masking the diminished motor skills that result from the alcohol. To make matters worse, coffee is not the only high-caffeine beverage that people drink to stay awake. Theses days young people are replacing coffee with high-energy, high caffeine drinks like Red Bull, Monster, and Mountain Dew as a vehicle to reduce or delay the effects of alcohol and to sober up. Combining Red Bull with alcohol in a mixed drink will cause a temporary “cocaine-like” high for a short period of time. Unfortunately, drinking mixed drinks that include a high-energy drink instead of soda or water will only delay the psychological effects of the caffeine and cause a person to crash much harder later on, perhaps while driving. (2)

How Long Does Alcohol Stay in Your Bloodstream?

Once consumed, alcohol immediately enters the blood stream and can stay there for up to 10 hours. It is difficult to determine in advance how much you can drink because there are so many factors that influence your blood alcohol content (BAC). Those factors include your age, sex, weight, food you just ate, and the type of alcohol you consumed. In addition, any medications you have taken will affect how long alcohol remains in your blood. Your body composition i.e., fat to muscle ratio also plays a role in how long alcohol stays with you. For the average male, drinking one large glass of wine takes your body about 3 hours to process. (1)

Sources:
Why You Shouldn’t Drink Coffee When You’re Drunk
http://www.menshealth.com/health/does-coffee-sober-you-up

https://www.nocuffs.com/dui/

(1) How long does alcohol stay in your blood?
http://www.nhs.uk/chq/Pages/853.aspx?CategoryID=87

(2) https://medicalxpress.com/news/2010-11-alcohol-caffeine-deadly.html

Blog, Criminal, Immigration, Legal News, Organized Crime

36 Killed in Month-Long Cartel War Near Texas

REYNOSA, Tamaulipas — Raging violence continues to take hold of this border city as rival factions of the Gulf Cartel fight for control claimed 36 deaths–including a bystander and one police officer.

As Breitbart Texas reported, the violence began in late April, shortly after Mexican authorities hunted down and killed regional Gulf boss Juan Manuel “Toro” Loiza Salinas. The death of the ruthless cartel kingpin led to an immediate power vacuum as various factions fight for control of the city and surrounding smuggling routes.

The fight has led to convoys of gunmen driving around Reynosa hunting for rivals. Some of the shooters ride in vehicles with “M-42” spray-painted on the side, indicating former allegiance to Toro. As Breitbart Texas reported, the violence has also led to a spike in crime as cartel gunmen carry out daytime robberies at various establishments and against unsuspecting motorists.

Over the weekend, rival gunmen clashed three separate times, spreading fear among local residents. In one of the clashes, forces exchanged gunfire in the Lopez Portillo neighborhood where neighbors reported that four gunmen died in the clash.

The fighting stopped a few hours after the initial gun battles began as Mexican authorities took to the streets to contain the violence. An official body count has not been released.

Editor’s Note: Breitbart Texas traveled to the Mexican States of Tamaulipas, Coahuila, and Nuevo León to recruit citizen journalists willing to risk their lives and expose the cartels silencing their communities.  The writers would face certain death at the hands of the various cartels that operate in those areas including the Gulf Cartel and Los Zetas if a pseudonym were not used. Breitbart Texas’ Cartel Chronicles are published in both English and in their original Spanish. This article was written by “A.C. Del Angel” from Reynosa, Tamaulipas. , “J.A. Espinoza” from Matamoros, Tamaulipas and “J.M. Martinez” from Piedras Negras, Coahuila. 

from – http://www.breitbart.com/texas/2017/06/01/36-killed-month-long-cartel-war-near-texas/

Blog, Criminal, Legal News

Teen murder suspect’s mom: Can’t remember talking about North Little Rock killing

The mother of a teenage murder suspect told a Pulaski County Circuit judge that she does not remember talking about the killing with her 17-year-old son.

Police say Anthony Fredrick “Lil June” Williams of Little Rock has admitted to shooting Tyrone Leon Barnett, 19, of North Little Rock two days before Christmas.

Citing an interview with the teen after his arrest, North Little Rock Detective Dane Pedersen told Pulaski County Circuit Judge Herb Wright that Williams’ mother picked him up from the area and drove him home after the shooting.

The detective testified Tuesday that Williams also told police that he discussed what he had done and why with his parents.

“He did tell me that he talked to his mother and dad about what happened and they talked about it all day,” Pedersen said.

Full Read –  http://www.arkansasonline.com/news/2017/jun/02/suspect-s-mom-can-t-remember-talking-of/

Blog, Criminal, Legal News, Supreme Court

As Bill Cosby trial begins, an O.J. Simpson-like constellation of race, celebrity, power and gender converges

The moment came suddenly, surprisingly. After nearly a year of sitting silently in a courtroom — and more than two years after a parade of women accusing him of sexual assault had stepped forward — Bill Cosby spoke out in court about the criminal charges against him.

“The Drake,” he said of the hotel where he is alleged to have plied a woman with Champagne — then assaulted her after she passed out — “is in Chicago.”

The clarification, offered to correct a district attorney’s mistake during a pretrial hearing in December, rang out to surreal effect around the courtroom: What defendant helps a prosecutor identify the site of an alleged sexual assault?

One thing was clear: Cosby was not going to let others define his actions for him, even with an offhand misstatement of where an incident took place.

As Cosby’s sexual assault trial begins Monday in a suburban courtroom north of Philadelphia, the disgraced entertainer will try to seize the narrative, just as he did when he gave his first major interview about the case to Sirius XM host Michael Smerconish last month.

Cosby is charged with three counts of aggravated indecent assault stemming from a 2004 encounter at his Cheltenham, Pa., mansion with Andrea Constand, a former Temple University basketball coach, in which he allegedly initiated sexual contact after giving her wine and a pill.

The outcome could determine whether the entertainer goes to prison for up to 10 years.

Full Read – http://www.latimes.com/nation/la-na-cosby-trial-20170602-story.html