Vehicle Code 31 VC – Giving False Information to a Police Officer – states, “No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties under the provisions of this code when such person knows that the information is false.”

You could be charged with this offense if you: give a police officer a false name, a fake driver’s license, counterfeit registration (which would also be a violation of Vehicle Code 4463 VC California’s fraudulent vehicle registration law), and giving an answer to a question that you know is false – just to name a few.

This offense is considered a misdemeanor and you face up to six months in jail and a $1,000 fine if you are convicted.

In addition, giving false information to an officer who is performing his/her duties may also be considered a violation of:

• Penal Code 148 PC – California’s law against resisting, delaying, or obstructing an officer engaged in the performance of his/her duties,
• Vehicle Code 20 VC – California’s law against making false statements to a California Highway Patrol officer, and/or
• Penal Code 472 PC – California’s law against forging, counterfeiting, or possessing a fraudulent seal (if, for example, you present an officer with a fake or counterfeit driver’s license that bears a “seal” supposedly issued by the California Department of Motor Vehicles).

If you are also convicted of these offenses you face increased or additional punishments.

If you have been charged with giving false information to a police officer, you need an experienced and aggressive attorney to fight to have your charge reduced or dismissed. Call the Law Office of William Daley at (619) 238-1905 for a free consultation.

While a first DUI does carry a potential 6 month jail term, very rarely will that happen. Most people can complete an alternative program like Work Release (picking up trash at the jail) in lieu of jail time. The best way to know if you are facing jail time is to contact an experienced DUI attorney. Our law firm specializes in DUI defense, so CALL US NOW for a free consultation.

Additional penalties you may face for a first time DUI are:

1. 3 to 5 years of informal probation
2. DUI school ranging from 3 to 9 months
3. A fine of around $2000
4. A 6-month license suspension, with the possibility of a restricted license after 30 days

However, a skilled DUI lawyer can often reduce a first time DUI to a wet reckless, dry reckless, exhibition of speed, and sometimes have it dismissed altogether. Doing so will significantly reduce your penalties, fines, and possible jail sentence.

It is very important that you contact the DMV within 10 days of your DUI arrest/citation and request a hearing. If you do not request a hearing within 10 days then you will not have a change to fight your license suspension and your license will automatically be suspended.

If you have been charged with a DUI, contact the Law Office of William Daley at (619) 238-1905 or e-mail William directly.

For addition information on DUI’s in San Diego, visit our website today.

In California, auto burglary happens when someone enters a locked automobile or its trunk, with the intent to:

• steal the car (also known as “grand theft auto”),
• steal property contained in the car (i.e., commit the California crime of petty theft or grand theft ), or
• commit any other California felony inside the vehicle.

Burglary of an automobile is a subset of the general crime of burglary under Penal Code 459 PC.

The California auto burglary law does not cover the simple act of breaking into someone else’s locked car. A car break-in is only considered auto burglary if the person intended to commit a theft of the vehicle or property inside of it, or the person intended to commit some other felony inside the vehicle.

Auto burglary can be charged as a misdemeanor or a felony.

If you are charged with auto burglary as a misdemeanor, the maximum penalty will be imprisonment in county jail for up to one 1 year.

If you are charged with auto burglary as a felony, the jail sentence may be 16 months, 2 years, or three 3 years.

If you have been charged with Auto Burglary, the Law Office of William Daley can help. Call us at (619) 238-1905 for a free consultation.

Proposal to lower DUI limit draws criticism from surprising places.

A federal safety agency made waves recently when it recommended a lower blood alcohol threshold for drunk driving charges in the United States. The National Transportation Safety Board recommended that states lower the legal blood alcohol content limit for drivers to 0.05, a reduction of nearly 40 percent from the current legal limit of 0.08.

While some say the NTSB’s recommendation is unlikely to result in any legal changes, the announcement has sparked debate among advocates on both sides of the issue — some of whom are taking sides in unexpected ways.

Mothers Against Drunk Driving, one of the nation’s most outspoken advocacy groups on the issue of driving under the influence, surprised many observers by expressing criticism of the NTSB’s recommendation.

MADD, which encourages people to abstain from driving after consuming any alcohol at all, was instrumental in the lengthy process of lowering the legal limit to its current BAC level of 0.08. But while MADD says it is not opposed lowering the legal BAC limit in principal, the organization expressed doubts about whether the effort would be well spent.

According to the Christian Science Monitor reports, MADD president Jane Withers suggested that the federal government’s enforcement efforts could be put to better use elsewhere. Lowering the legal limit in all 50 states, Withers said, would “take a lot of effort for a potential result that is many, many years down the line.”

Other views on the NTSB proposal:

Another critic of the NTSB’s proposal is the less-surprising American Beverage Institute, which called the recommendation “ludicrous,” according to a New York Times report. ABI’s managing director Sarah Longwell argued that prosecuting drivers who consume alcohol in moderation would “criminalize perfectly responsible behavior” and would do nothing to help keep more severely intoxicated drivers off the road.

Other critics have questioned the wisdom of lowering the limit by arguing that a BAC level of 0.05 produces a level of impairment similar to noncriminal acts such as driving while drowsy or chatting with a passenger. Researchers at the National Advanced Driving Simulator in Iowa are currently studying the effects of moderate alcohol consumption on driving skills by testing drivers whose BAC levels register at 0.05.

California DUI Law

In California, like all other U.S. states, it is against the law to operate a motor vehicle with a BAC level of 0.08 or higher. For drivers of commercial vehicles, however, California law sets the DUI threshold far lower, at just 0.04.

Depending on the circumstances of a DUI offense, including the presence or absence of any prior impaired driving convictions, the penalties for driving under the influence can be harsh, including steep fines and lengthy prison sentences. Because the stakes can be very high when dealing with DUI charges in California, it is wise to seek help and legal representation from a criminal defense lawyer with broad experience defending against California DUI charges.

Call us today for a free consultation – (619) 238-1905

Following a crime, the parties involved usually go into a panic and have no idea what to do next. Here are important steps to take:

1. DIAL 9-1-1 RIGHT AWAY: You want to be the first person to call 9-1-1. Typically, the first person to call 9-1-1 is to be considered the “victim.” It’s important to have your telephone conversation with a 9-1-1 operator on tape before anyone else does.

2. INSIST ON A SEARCH WARRANT: The 4th amendment to the Constitution protects us from “unreasonable search and seizures.” Even if you believe you have nothing to hide do not let authorities search your home or property unless they have a search warrant.

3. DO NOT SPEAK: Do not incriminate yourself! Remain silent during an arrest. You will be surprised at what kind of simple remarks can be used against someone in court.

4. PREPARE FOR EMBARRASSMENT: Remember that if you are arrested and charged, you will be receiving a lot of attention. You may have to undergo lots of tests and meetings with different counselors and investigators. These sort of things will likely have you feeling guilty and embarrassed.

5. HIRE A LAWYER ASAP!: Be sure to gather all the money you will need to hire a lawyer…the best one possible! Your attorney needs to be competent, aggressive and you need to be able to relax a little by knowing you are in good hands.

If you have been arrested or charged with a crime, hire a criminal defense lawyer that will fight for you. Call our office at (619) 238-1905 for a free consultation.

The terms DUI and DWI are acronyms. They stand for the terms Driving Under the Influence and Driving While Intoxicated. The two terms generally mean the same thing…that your driving ability was impaired because of alcohol or drugs. Some people may not have ever even heard of one or the other terms. This is because some state laws refer to it only as DUI and other states call it DWI. Some states use both terms, having slightly different meanings.

In some states where both terms are used, DWI usually refers to driving while intoxicated by alcohol, while DUI is used when the driver is charged with being under the influence of drugs. In other states, both terms are used for the same issue, however, a DUI is considered a lesser charge.

In California, the term DUI is generally used for anyone driving under the influence of drugs or alcohol.

Whether you were arrested for DUI or DWI, the arresting officer had reason to believe that you were too impaired to continue driving.

If you have additional questions or would like to discuss your case in confidence with a California DUI defense attorney, contact our office at (619) 238-1905 for a free consultation.

When arrested, there are two ways to be released before your court date. Someone can pay what is called a “cash bail”, or they can go through a bail bonds company. Paying a cash bail is when someone pays the full amount of bail to the court directly. That person will be refunded that money, minus specific court fees, once the case is over. Going through a bail bonds company will allow the person to only have to come up with usually 10% of the bail amount. The 10% however, is not refundable.

A bail bonds situation involves a contract with a bail agent who posts a bond for the full bail amount, which financially guarantees that the defendant will show up for all court proceedings.

Bail bonds companies will charge people a flat fee and will pay the court the rest of the bail amount in order to have someone released from custody. Most bail bonds companies have a relationship to the court and can have your friend or family member out of jail within hours.

The State of California’s Department of Insurance regulates the rates on all bonds. The rate is 10% of the total bail amount and is non-refundable. For instance, the payment for a bail bond of $5,000 would be $500. The $500 is not refundable because it serves as a fee for the bail bonds company having to put up the rest of the bail amount.

If it is required, collateral can be anything of value that is put up to secure the bail bond. This can be things like a car or a house.

A bail bond is good for only one year. If the court case goes beyond the one year, an additional premium must be paid to keep the bond in force.

If you have an upcoming case and are in need of an experienced criminal defense attorney, contact our office today at (619) 238-1905.

A common phrase from alleged victims in domestic violence cases, is “I don’t want to press charges”. This is a common misunderstanding of the law which is caused by television dramas and people who think they know how the law works. Often, in these types of dramas, the reported victim is asked whether he or she wants to press charges against the accused abuser. In the State of California, it is not the decision of the victim’s that dictates whether charges will be filed or not. The decision whether or not to file a criminal complaint (or press charges) is in the discretion of the prosecution.

Typically, it begins when a couple gets into a domestic dispute. One of the adversaries calls the cops thinking that will diffuse the chaos. However, in most cases, someone is going to have to go to jail, usually the man if it involves opposite sex relationships. Thereafter, the remaining party will claim “I don’t want to press charges”. Unfortunately, it is no longer up to the victim whether charges will be filed.

After an arrest, a report is prepared by the arresting officers and forwarded to the prosecuting attorney, usually the District Attorney. The District Attorney will review the report and decide whether or not to file a criminal complaint. If the defendant is in custody at the time of the arraignment he or she will be brought to court to answer the charges with a plea of guilty or not guilty. In most cases, the plea will be not guilty. This gives the defense an opportunity to obtain the discovery, or all the evidence the prosecution may try to use to prove its case.

If the defendant is not in custody, a letter will be mailed to them notifying the defendant of the arraignment date. In some cases, the District Attorney may ask the court to issue a warrant for the defendant’s arrest.

At the arraignment, the court may issue a protective order to prevent the defendant from contacting the victim. This is especially hard if the parties are married or have children together. Living apart can put overwhelming financial and emotional strains on the parties.

Occasionally, the prosecutor will take into consideration the victim’s desire for prosecution or the lack thereof. But ultimately the decision rests with the prosecutor.

If you or someone you know has been charged with domestic violence, an experienced criminal defense attorney can help you fight these charges. Call our office today at (619) 238-1905 for a free consultation.

“Jay” refers to a foolish rural person who is unfamiliar with city ways. Jaywalking refers to a pedestrian who violates traffic laws in regards to crossing a street or road. These laws are made to protect individuals from injury or fatalities. Jaywalking is considered an infraction.

Under California state law, a pedestrian may generally cross a roadway anywhere along the road without jaywalking. Pedestrians have the right of way only when traveling within a marked crosswalk or within an unmarked crosswalk at an intersection. All other instances require pedestrians to yield the right-of-way to vehicles on the roadway.

Here are the Vehicle Code Sections that support these laws:

21954. (a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.

(b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.

21955. Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.

In other words, if a pedestrian is between two adjacent intersections that are both controlled by “traffic control signal devices”, then he or she must cross at the intersection. Then will they have the right of way.

Vehicle Code Section 21462 also states that a pedestrian:

“shall obey the instructions of any official traffic signal applicable to him and placed as provided by law, unless otherwise directed by a police or traffic officer or when it is necessary for the purpose of avoiding a collision or in case of other emergency.” Stop signs are not considered “traffic signals” but “official traffic control devices” instead. Unfortunately, some police officers do consider it a traffic signal and may write a ticket in your name.

One may also be surprised by the section that states that a flashing or steady upraised hand or don’t walk: sign means that one cannot START walking across the crosswalk but may finish walking across. This is surprising to most people as many do start to walk across the cross walk when the hand is flashing.

So yes, you CAN be sited for jaywalking, as crazy as that seems. Someone could be fined no more than $191 for jaywalking in California, depending on jurisdictions.

However, this rule does not relieve driver’s from the duty to be cautious around pedestrians. California instills in its laws the necessary due care toward pedestrians, even if the pedestrian is jaywalking.

It is in driver’s best interest to be alert as possible on when driving and to pay special attention to those not in a vehicle. Pedestrians are no match to the force and weight of vehicles on the road, and often will bare serious injury in cases of collision.

Field sobriety tests (“FSTs”) are both physical and mental exercises that police officers use for DUI investigations. If you perform poorly on these exercises they will try and use this against you in an attempt to show a mental and/or physical impairment from alcohol or drug consumption.

Also, police use your performance on these tests in deciding whether to arrest you for a DUI. In addition, prosecutors and courts use your performance on these tests when deciding if they will file DUI charges and be able to make their case in court.

The National Highway Transportation Safety Administration (NHTSA) is a federal agency that issues police protocols for DUI field sobriety testing. The NHTSA has approved three “standardized” field sobriety tests to aid law enforcement officials during their DUI investigations. These tests are:

• the horizontal gaze nystagmus test (HGN),
• the walk and turn test, and
• the one-leg stand test

Unlike refusing a chemical test (Blood, Breath, or Urine), declining to take a field sobriety test does not have any legal penalties in California. Officers have usually made their decision if they are going to arrest you or not before asking you to take a field sobriety test. If an officer has already determined that you are under the influence, asking you to take a field sobriety test is simply a way to validate the stop and gather more evidence against you.

In general, it is recommended that you should always (politely) refuse taking any field sobriety test when requested by an officer.

If you have been arrested for a DUI, it is important that you hire a skilled attorney to fight this charge. Call the Law Office of William Daley at (619) 238-1905 for a free consultation.