Rizio and Nelson California Law Blog

Possession of Marijuana

The State of California treats drug offenses very seriously, prosecuting offenders to the full extent of the law whenever it is possible. However, the laws surrounding the possession of marijuana can be confusing and it can be intimidating to face these charges if one does not harbour a thorough understanding of the state laws. This makes it ultimately important to seek the advice and counsel of a...

Challenging Breathalyzer Tests

When an individual is tested by a police officer to determine whether they are drunk, it is common for them to use a breathalyzer test. These are devices that the individual blows air into and they measure the amount of alcohol in the blood by using a mathematical formula. The problem, though, is that these devices are not precisely accurate for each individual. There are many factors that can affect...

Cocaine Abuse

Introduced to European society centuries ago, cocaine abuse has been a dark shadow on the history of mankind and our development. In the late 1800’s, Coca-Cola was known to use cocaine as a flavour additive in their new carbonated beverage. Abuse and addiction are left in the drug’s wake, destroying those who have touched it. With an extremely high import rate into the U.S. and Canada,...

California DUI Penalties

Put simply, a list of possible penalties for punishment of DUI under California state law: First Offense DUI: Incarceration: 4-180 days Fines: $390-$1,000 with the possible addition of penalty valuations Suspension of Driver’s License: 120-day suspension.  Defendant may possibly apply for hardship permit after 1 month. If the defendant is under the age of 21, 12-month suspension is required. Ignition...

Arrest for Driving under the Influence (DUI)

When police officers suspect a driver of operating a vehicle under the influence of alcohol, they conduct a sobriety test and  carefully observe the physical aspect of the driver.  In order for them to make an arrest, they must have probable cause.  Probable cause is determined by the results of their observations, which are also used by the prosecuting attorney. It is a scientifically proven fact...

Felony DUI

A DUI felony means that you are at fault for a collision where someone other than you has been injured.  If you are not at fault, then the DUI will be charged as a misdemeanor.  It is an important distinction because all felonies are punishable by imprisonment. Prison time for a felony DUI varies.  Jail time may be short term or long term depending on the severity of the collision.  Once you have...

Vehicular Homicide

Homicide in relation to a car accident is often called a Watson murder.  This is a result of a multiple DUI offender being charged with second-degree murder. Second-degree murder implies malice. California Penal Code Section 188 defines malice in relation to a vehicular homicide, as “Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully...

DUI – Other consequences

The courts or the registry may require that you not only lose your license but also face high fines, lose your car or even have a locking device on your ignition if you’re convicted of drunk driving. This is a frightening time for you if you’re convicted and you’ll be faced with a criminal record which could seriously impact your future possibilities for employment, housing and more. Don’t...