Articles
In California, there are two things that need to be established in order to show that a person was driving under the influence. First, it must be shown that the defendant was driving a car. For the purposes of the California statute, driving just two inches in a parking lot is considered driving. It’s called volitional movement. Just the movement of the tires is enough to show that someone was driving. Secondly, it must be proven that the defendant was either impaired by alcohol or was at or above the legal limit at the time of driving. In California, the legal limit is 0.08. In laymen’s terms, being impaired means that you can’t drive safely due to being under the influence of alcohol or drugs. What Are The Top Misconceptions About Being Charged With A DUI? Many people have the misconception that if they have been arrested for drunk driving, there is nothing they can do about it. The reality is that there are all... Read More
If you have been arrested for driving under the influence of alcohol and/or drugs (DUI), you could face a variety of serious penalties, including jail time, fines, and the suspension or revocation of your driver’s license. The severity of these penalties can depend on a variety of factors. In addition, the department of motor vehicles (DMV) will seek to suspend or revoke your driver’s license irrespective of the result in criminal court. Some of these rights are time sensitive and require setting a hearing within ten (10) days of your arrest. Derek Ewin has literally handled hundreds of these types of cases. He can help you navigate through the courts and DMV so that you receive the best possible outcome. WE NEED TO SET A DMV LICENSE SUSPENSION HEARING WITHIN 10 DAYS OF YOUR ARREST The DMV wants to suspend your driver’s license based on the arrest alone. If you do not set this hearing, your license will be automatically suspended 30 days after your arrest.... Read More