Rizio and Nelson California Law Blog

DUI Non-Standardized Testing — Alphabet 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...

Common plea-bargained offenses

Common plea-bargained offenses for DUIs include: Wet Reckless Driving refers to a plea-bargained conviction of an alcohol-related reckless driving charge (VC 23103) from an original charge of VC 23152. If both the prosecution and the court agree to a plea to 23103, and the prosecution states on the record that there was consumption of alcohol involved, then VC 23103 is eligible to be a prior DUI in...

Plea-bargaining in DUI Cases

Plea-bargaining generally results in a lower-charged offense and/or a lighter sentence in exchange for the defendant’s guilty or nolo contendere plea. It also avoids further court proceedings, saving time and money for all parties involved. Nonetheless, the judge in the case must approve the plea bargain in order for it to be effective. Plea bargains are also beneficial during sentencing phases....

How can someone be convicted of Prescription Fraud?

The California criminal jury instructions (CALJIC) outlines the elements required to convict a person for prescription forgery. CALJIC 12.05 states that: “In order to prove this crime, each of the following elements must be proved: 1. A person forged/altered/issued/uttered a form for the prescription of drugs; and 2. As forged/altered issued/uttered the prescription was for [a narcotic drug]. Alternatively, 1....

What is prescription forging?

Prescription forging is against the law. By definition, it is the illegal acquisition of pharmaceuticals for personal use or profit. Prescription fraud is committed in many ways, including but not limited to visiting multiple doctors to receive multiple prescriptions, and forging the prescription to increase the quantity. The biggest factor driving prescription fraud is increased abuse and addiction...

About Prescription Drug Abuse

Approximately 20% of Americans (according to The National Institute on Drug Abuse report) have used prescription drugs for non-medical purposes at some point in their lives. With the increased availability of prescription drugs over the internet, and the surprising increase in senior citizen trafficking of prescription drugs, combined with the high incidence of overdoses by users of illegally obtained...

When is a DUI a felony?

The DUI is a felony if the driver of a vehicle drives while impaired by alcohol and/or drugs and commits a forbidden act or neglects a duty imposed by law in driving the vehicle that was the proximate cause of the traffic accident and injures someone other than himself. However, placement of the fault must be on the driver for the traffic accident. Alcohol or drug impairment without classification...