DUI Second-Degree Murder: Understanding California's Watson Murder Rule
DUI Second-Degree Murder: Understanding California's Watson Murder Rule The recent conviction of a man for second-degree murder following a fatal DUI crash in Santa Ana serves as a reminder of how driving under the influence can transform into a murder charge under California law. This case exemplifies the serious consequences defendants face when they drive impaired after receiving a Watson admonishment during a prior DUI conviction. Our experienced criminal defense…
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Can You Be Convicted of Murder Even If You Were Not Driving at the Time of the Collision?
Can You Be Convicted of Murder Even If You Were Not Driving at the Time of the Collision? The answer is YES. A recent California Court of Appeal decision makes clear that you can be convicted of murder—even if you were not driving your vehicle at the exact moment a fatal crash occurred—if your actions while driving under the influence directly led to someone’s death. In People v. Nevarez, the…
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Things To Know When Facing A DUI Trial: Prior Enhancements
Things To Know When Facing A DUI Trial: Prior Enhancements When facing DUI charges in California, your past can significantly impact your future. Prior DUI convictions don't just disappear after a few years—prior DUI convictions will be used to enhance penalties for new offenses, leading to more severe consequences including longer jail sentences, higher fines, extended license suspensions and even result in charges for murder if someone is killed due…
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Things To Know When Facing A DUI Trial: Permissive Inference
Things To Know When Facing A DUI Trial: Permissive Inference One of the most important legal concepts that can significantly impact your DUI case is "permissive inference." This tool allows the prosecution to present evidence about your blood alcohol content (BAC) in a way that can influence the jury's decision. If you're preparing for a DUI trial, knowing how permissive inference works, when it applies, and how it can be…
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Things To Know When Facing A DUI Trial: Bifurcation Motions
Things To Know When Facing A DUI Trial: Bifurcation Motions Facing a DUI charge can be overwhelming, especially when you have prior convictions that could potentially influence the outcome of your case. One legal strategy that your defense attorney might employ is filing a bifurcation motion. Understanding what this motion is and how it can protect your rights during trial is essential for anyone facing DUI charges. Our experienced criminal…
Read MoreThings To Know When Facing A DUI Trial: Pre-Arrest Procedures and Field Sobriety Tests
Things To Know When Facing A DUI Trial: Pre-Arrest Procedures and Field Sobriety Tests A DUI conviction can come with serious consequences, including fines, loss of license, and potentially jail time. Because of the seriousness of the charges and consequences, it is important to be aware of what happens prior to the arrest. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call…
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Things To Know When Facing A DUI Trial: DUI Drug Offenses | California VC 23152
Things To Know When Facing A DUI Trial: DUI Drug Offenses | California VC 23152 Driving under the influence isn't limited to alcohol consumption. California Vehicle Code Section 23152 encompasses drug-related DUI offenses that can result in serious criminal charges and life-altering consequences. If you're facing DUI drug charges, understanding the legal landscape is important for protecting your rights and building an effective defense strategy. Our experienced criminal defense attorneys…
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Things To Know When Facing A DUI Trial: Implied Consent in California
Things To Know When Facing A DUI Trial: Implied Consent in California If you've been arrested for driving under the influence (DUI) in California, you may have heard the term "implied consent". Understanding what implied consent means and how it affects your case is extremely important for anyone facing DUI charges. Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin &…
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Can a DUI Lead to Losing Custody of Your Child?
Can a DUI Lead to Losing Custody of Your Child? When most people think about DUI penalties, they focus on the immediate consequences: jail time, fines, license suspension, and increased insurance rates. However, there's a devastating consequence that many parents don't consider until it's too late—the loss of custody of their children. A DUI conviction, especially one involving a child passenger, can trigger dependency proceedings that may result in losing…
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Laguna Beach’s DUI Notification Policy Sparks Debate On Liability
Laguna Beach’s DUI Notification Policy Sparks Debate On Liability Did you know Laguna Beach has the highest per capita DUI arrest rate in California? In a bold move, Laguna Beach has implemented a notification system that notifies bar establishments when a patron is arrested on DUI charges after leaving the establishment. Recent data from the California Office of Traffic Safety reveals that local law enforcement made 269 DUI apprehensions in…
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