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If you are pulled over by the police while driving, and while speaking with them they smell alcohol on your breath, they will suspect that you are under the influence of alcohol. Based on this suspicion, the officer will ask you to perform a series of physical tests in an effort to determine if you… Read More

For a typical San Francisco DUI, first offense, you can expect the following sentence: 3 years of court probation, which means you need to be extra vigilent for three years to stay out of trouble with the law. Two days in the County Jail, usually you will not be incarerated but will serve your sentence… Read More

My business increases during the Holiday Season. People tend to celebrate the Holidays with alcohol. My recommendation is if you are out celebrating and know you’ll have a few drinks, take a cab or public transportation. In the long run it’s much cheaper. A first time DUI/DWI will cost you thousands of dollars. An excellent… Read More

Cybercriminals are a very smart bunch of folks. Most hackers start off as teenagers who learn how to manipulate internet providers to get free internet service. After scoring this minor victory they start to learn how to break into more sophisticated systems. WIFI or wireless internet has provided hackers with an opportunity to easily steal… Read More

Every person has their own distinctive DNA. The only exception is identical twins. DNA is found in the nucleus of all cells in your body except for red blood cells. In criminal cases, typically DNA will be extracted from samples of blood, saliva, hair or skin. In a typical criminal case, a DNA sample is… Read More

Sentences from criminal offenses have increased since the 1980’s.<> Last November, Californian voters refused to pass Prop. 5, a measure which could have saved the state millions of dollars by expanding treatment rather than incarcerating offenders. Politicians have led the trend in promulgating “tough on crime” legislation and all too often offenders receive excessive sentences, which end up costing… Read More

In 1987 the California Court of Appeal dealt with the issue: whether sobriety checkpoints are permissible under the federal and state Constitutions. They concluded that sobriety checkpoints conducted in accordance with certain guidelines were permissible under the United States and California constitutions. One of those guidelines is advance publicity of the DUI checkpoint. The court… Read More

If you see signs for a DUI (sobriety) checkpoint YES you may avoid the checkpoint by legally making a left-turn onto another street or if allowed you may turn around (u-turn). The case where this was determined is Ingersoll v. Palmer, 43 Cal. 3d 1321. The court in that case said that if you see… Read More

In 1987 the California Court of Appeal considered whether sobriety checkpoints are permissible under the federal and state Constitutions. They concluded that sobriety checkpoints conducted in accordance with certain guidelines were permissible under the United States and California constitutions. One of those guidelines is advance publicity of the DUI checkpoint. The first ever sobriety checkpoint… Read More

As we mentioned in the pre-trial conference section, sentencing is a decision made by the judge, either following a guilty or no contest plea, or a guilty verdict at the end of a jury trial.  The charges filed against a defendant can give a range for sentencing, but the judge makes the final decision.  So,… Read More