Rizio and Nelson California Law Blog

California DUI – First Offense

One of the challenges in California is the quick and swift action that is taken if you are arrested for a DUI charge. Even first time offenders are subject to very harsh penalties if found guilty. Drivers who are convicted for DUI (operating under the influence of drugs or alcohol) will face stiff fines and penalties. Here is some of what can be expected: Loss of driving privileges – Drivers who...

DUI Felony Classification

Felonies are crimes that are punishable up to state prison terms. The term length is variable, depending upon the severity of the crime and the criminal record of the offender, and can be low, mid, or high term. A DUI may be a misdemeanor or a felony depending the offender’s criminal background and other variables. The California court system guides DUI convictions and punishments based on applicable...

Child Enticement

Unfortunately, child enticement has a vague definition, and it is possible that this charge will be rendered against a person who actually had no criminal intent. Fortunately, the prosecution has the burden to prove intent to harm the child. Child enticement is generally defined as attempting to lure or persuade any child to enter, stay, or leave any building, vehicle or place with the use of force...

Child Pornography Charges

Simply receiving an email that depicts an actual (or simulated) sexual act by an individual under the age of 18 could result in your being charged under the California Child Pornography laws. Additionally, both state and federal laws are dictated that make it a crime to produce, distribute, or sell materials that exploit or even portray a minor child. In spite of the fact that the material may not...

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...

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...

DUI – Your Freedom and your License

Being convicted of DUI charges means that you will haunt you in your future – whether it’s your work, your personal life or your future driving abilities, there is no getting away from the stigma of a DUI charge. Since these charges carry not only criminal charges but may also result in charges that are administrative in nature filed by the DMV (Department of Motor Vehicles) the attorney...

Protecting yourself in DUI situations

Less than 70% of DUI arrests in California result in a conviction. Preparation, knowledge, and an excellent DUI attorney in Riverside, CA (or other area, served by Rizio and Nelson) are among your best defenses. So, hiring a good DUI attorney is absolutely your best decision and ought to be your first move. Did you know that only about 30% of the arrests for drunk driving in California ever result...

Non-Standardized Testing DUI — Finger Count Test

Law enforcement agencies utilize a number of different field sobriety tests in order to determine enough probable cause to make a DUI arrest. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies that have determined that some tests are accurate indicators, to a certain degree, of a blood alcohol content (BAC) above .10%. However, law enforcement agencies frequently use...