Archive for the ‘Traffic Offenses’ Category

Driving on a Suspended License in California

Sunday, May 13th, 2012

If your license was suspended after you were convicted of drunk driving or another serious driving offense, you may be tempted to use your vehicle anyway and just hope you don’t get caught. No matter how badly you need to get around though, Vista DUI lawyers will always tell you that it’s not worth the risk.

The penalties vary based on the reason for your license suspension, but they are all serious. At minimum, people convicted of the crime will face a 5 day jail sentence and $300 in fines. Driving on a suspended license will also add two points on your DMV record. Even if you plead the case down to an infraction, you will still have the points added to your record. If you get four points in a year the DMV will suspend you for being a negligent operator.

If your license was suspended for drunk driving, you will face a 10 day jail sentence for your first offense and for offenses thereafter, the penalty increases to a minimum 30 days in jail, all the way up to a year. You will also be required to install an ignition interlock device into your car.

You can be declared a habitual traffic offender if, during the course of one year, you were involved in two or more serious driving-related crimes, received three general moving citations, or involved in three car accidents that resulted in injuries or property damage totaling over $750. If you are declared a habitual traffic offender and arrested for driving on a suspended license, you could face a permanent license revocation and a mandatory vehicle impound.

As you can see, these are all serious penalties you do not want to face alone. If you have been charged with driving on a suspended license, immediately get in charge with your DUI lawyers.

Vista allows for some people with suspended licenses to get a restricted license in order to travel from work or school. If you have had your driver’s license suspended, this is your best option to avoid having to risk driving without a valid license.

If you have any questions about restricted licenses or the consequences of driving on a suspended driver’s license, please call Peter M. Liss at (760) 643-4050 as soon as possible.

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Excessive Speeding While Driving Drunk In California

Monday, April 16th, 2012

Everyone knows that excessive speeding and drunk driving are both crimes, but did you know that when done together the penalties for the crimes are greater than the individual sentences put together? Of course, this doesn’t apply to all forms of speeding. If you are only going five miles over the speed limit when pulled over for a DUI, the officer will often avoid citing you for speeding. Even if he does give you a ticket for minor speeding though, it will be the same as any other speeding ticket.

On the other hand, if you were driving more than 30 miles per hour above the speed limit on the freeway or more than 20 miles per hour above the speed limit on a public street, then you could face a sentence enhancement for excessive speeding while intoxicated. This additional penalty is a minimum 60 day jail sentence and a mandatory alcohol/drug education program being added to any penalties you are sentenced to for the DUI. This crime requires the expertise of highly experienced DUI lawyers. Vista courts take these crimes very seriously, so do not wait to call a legal representative as soon as possible.

Fortunately, the prosecution must prove that you were not only excessively speeding and driving while intoxicated, they also must show that you were driving recklessly. This is a particularly high standard to prove as the prosecution must be able to show that you were driving with a conscious disregard for the safety of other persons or property. When you work with a skilled Vista DUI lawyer like Peter M. Liss, your defense will show that unless you knew your conduct was likely to injure someone, that you should not be subject to the excessive speeding enhancement.

Common acts that qualify as reckless driving include almost hitting pedestrians or other vehicles, weaving in and out of traffic at a high rate of speed and running stop signs and red lights. While some drivers do engage in these behaviors, it is rare for the prosecution to be able to prove that someone did so while drunk and excessively speeding. If they cannot show that you did all three together, your Vista DUI attorney will show that you cannot be convicted for excessive speeding while intoxicated.

Even if you were doing all three activities, your defense lawyer may be able to negotiate a plea bargain that will enable you to avoid this sentencing enhancement.

If you have any questions about excessive speeding while driving drunk, please call Peter M. Liss at (760) 643-4050 to schedule your free initial consultation.

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Open Container Laws in California

Monday, March 5th, 2012

You probably know that driving with an open alcoholic beverage in your vehicle is illegal, provided it’s not locked in the trunk, but you might not know the true consequences and complications involved with open container laws.

While most people assume getting caught while driving with an alcoholic beverage in hand is similar in severity to driving drunk, it’s actually drastically different. In fact, driving with an open alcoholic beverage is only an infraction in California, meaning those who are caught will be issued a citation similar to a traffic ticket. While you might be able to fight the infraction with the help of DUI lawyers, Vista courts will not add these tickets to your criminal record and in most cases, you will probably find it is easier and cheaper to simply pay the fine.

That being said, if you have an open beverage in your vehicle, the officer who pulled you over will have reason to believe you are also driving under the influence, so you will most likely be asked to go through a variety of sobriety tests. If you have not been drinking, you will probably want to take these tests in order to get back on your way as soon as possible.

On the other hand, if you have been drinking and worry you will fail the sobriety tests, you may choose to skip the tests, even if it means getting arrested. Remember that if you are charged with drunk driving, having an open beverage in the car will already be used against you as evidence, so if you fail the sobriety tests, you will be providing the prosecution with even more proof of your guilt.

There is one case where having an open alcoholic beverage in your car will count as a misdemeanor though, and that is if you happen to be a minor in the vehicle. If a minor was holding the alcohol or driving, he or she may be charged with minor in possession of alcohol, a misdemeanor charge.

Any alcohol or drug conviction for a person under 21 years of age will result in the automatic loss of the person’s driver’s license for one year.  The license suspension applies even if no vehicle was involved in the arrest incident.  A minor caught in possession of alcohol at the beach or even inside a private residence is subject to a one year license suspension.

While a simple open container violation is something an adult will probably want to handle on his or her own, minor in possession charges are very serious and those accused of these offenses should always consult a Vista DUI lawyer like Peter M. Liss at (760) 643-4050 as soon as possible.

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California Felony & Misdemeanor Traffic Offenses

Saturday, October 15th, 2011

While most traffic offenses are merely infractions, punishable through a fine only, certain cases are much more serious and require the expertise of a skilled Vista traffic attorney. Offenses such as reckless driving, hit and run accidents, vehicular homicide, street racing and driving under a suspended license can result in misdemeanor or felony charges. These cases require a special level of representation that only a criminal lawyer can provide.

If you are convicted of one of these crimes, you may not only lose your license and face massive fines, but also spend time in jail and be forced to forfeit your vehicle. These offenses should never be taken lightly.

Fortunately, Peter M. Liss has the experience necessary to help fight these serious traffic charges. If you have been accused of a serious driving offense and are facing a misdemeanor or felony as a result, please call our office as soon as possible.

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