Check out our most recent blog posts below!

WHAT IS FELONY PROBATION?

Posted by Julie Crawford | Sep 02, 2020 | 0 Comments

Felony probation is an alternative to state prison and if you follow all the terms of your probation you can successfully avoid all prison time. The ultimate goal however is to avoid a felony conviction on your record.

Do I Have to be "Drunk" to be Charged with DUI?

Posted by Phillip Crawford | Jun 01, 2020 | 0 Comments

You do not have to be "drunk" to be charged with DUI. If the prosecutor thinks they can prove your blood alcohol content was .08% or higher at the time of driving or that you were driving under the influence they will charge you with DUI. But, breath and blood tests are flawed. We have won cases with breath results of .14%, .15% and higher. We have won blood cases as high as .28% BAC! So, your case is not hopeless.

How are DUI and other Monterey County Court Cases Proceeding During the COVID-19 Pandemic?

Posted by Julie Crawford | May 18, 2020 | 0 Comments

Your DUI, or other criminal case, in Monterey County Court during the COVID-19 pandemic will move forward. You can likely avoid appearing in court in most cases during the pandemic. The biggest concern we are seeing is the need to postpone our clients' right to trial or risk their health via exposure to large amounts of people in an enclosed space for long periods of time.

WHY THE POLICE DON'T GIVE MIRANDA RIGHTS IN DUI CASES

Posted by Phillip Crawford | May 14, 2020 | 0 Comments

The police will rarely advise you of your Miranda rights until you have been arrested. Therefore, if you are pulled over by the police for DUI or any other crime, remember that you are NOT required to answer any questions. We always tell our clients to politely tell the police that they won't answer any questions. Give them your license, registration and proof of insurance and follow their instructions if they tell you to exit the car.

Do I Have to Take a Breath Test Before Being Arrested?

Posted by Phillip Crawford | May 08, 2020 | 0 Comments

Unless you are on probation for a DUI or you are under age 21, you are NOT required to take a breath test before being arrested, nor are you required to do any field sobriety tests. In fact, we advise that you refuse to do any pre-arrest testing. You also should not answer police questions because anything you say will be used against you.

DUI ARRESTS AND THE FOURTH AMENDMENT

Posted by Phillip Crawford | May 04, 2020 | 0 Comments

You may think that if you have been arrested for DUI it's all over and you are going to be convicted. But, that is not necessarily the case. There are many possible defenses, including an illegal pullover, or initial contact with the police that did not comply with your Fourth Amendment rights. The police must have a legal reason to make contact with you. Additionally, the length of, procedures used during that contact, and the subsequent arrest must also be lawful.

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