Is Driving Under The Influence a Felony?

Newsflash from your Hollywood Attorney:

Like many things related to the law, misdemeanors and felonies are a complicated matter. So, is driving under the influence a felony? Well, that depends. Under the current laws of California (and subject to change at any time by the legislature), a fourth DUI within ten years of the first conviction is considered an automatic felony, no matter what your blood alcohol level tested.

However, it’s important to keep in mind that there may be additional circumstances to the DUI charge that would make it a felony even if it’s an earlier charge. For example, you may be involved with a hit and run situation, even if you don’t know it at the time. Many drunk drivers really aren’t paying attention and have no idea if they hit things, so the news that they might have struck a person can come as a huge shock later that evening or, potentially, the next day.

You might also encounter situations like excessive property damage that could bring the idea of a felony up. On the whole, though, you can usually work with the idea that a DUI charge isn’t a felony until your fourth charge in ten years as long as there are no additional circumstances making it worse. However, laws can change, so you’ll probably want to double-check with a lawyer if you are charged with a DUI just to be certain of where you’re at.

More Information...  http://duidaily.com/is-driving-under-the-influence-a-felony/

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600    
 http://www.jonathanfranklinlaw.com

Drugs - D.A. Can Charge You with Misdemeanor or Felony - His Choice

 News flash from your Hollywood Attorney:

Gov. Jerry Brown announces a $315-million proposal to reduce California's prison population. With him are Assembly Speaker John A. Pérez, left, and Senate Minority Leader Bob Huff, right.

SACRAMENTO — If you get busted using methamphetamine, the D.A. can charge you with a misdemeanor or a felony. His choice. But if you're caught with cocaine or heroin, there's no option. It's a felony.

If there's logic in that, it escapes me. They're all addictive and destructive to mind and body.

Get high on one hard drug and you might receive a get-out-of-jail-free card. But another earns you a lifetime bad-guy tag.

The Legislature, as it rushes toward adjournment of its annual session Friday, is moving to correct that puzzling contradiction.

It is retreating a bit from the decades-long war on drugs.

"The war on drugs is a colossal failure," says Assemblyman Tim Donnelly (R-Twin Peaks).

Yes, that Tim Donnelly, arguably California's most conservative state lawmaker, a self-proclaimed tea party Republican and one-time Minuteman vigilante who patrolled the border searching for Mexicans entering the U.S. illegally.

Donnelly last week cast a crucial vote that secured Assembly passage of a drug-sentencing bill by liberal Sen. Mark Leno (D-San Francisco). The measure now awaits Senate approval of Assembly amendments, then will be sent to Gov. Jerry Brown. No telling his view.

The bill, SB 649, would provide prosecutors the flexibility to treat all low-level drug possession offenses as either a misdemeanor or a felony — what's known as a "wobbler."

"We give nonviolent drug offenders long terms, offer them no treatment while they're incarcerated and then release them back into the community with few job prospects or options to receive an education," Leno says.

His bill, he continues, would allow local governments to reduce lockup costs and spend their money on drug rehabilitation, mental health services and probation, "reserving limited jail space for serious criminals."

Simple possession for personal use of meth already is a wobbler. This bill would add other hard drugs such as crack cocaine, powder cocaine and heroin.

It wouldn't affect sellers or manufacturers of hard drugs. Those crimes would remain felonies.

And users who steal or rob to finance their drug habits still would face felonies.

If it were left to him, Leno would make all drug possession offenses a misdemeanor. Thirteen other states have done that, varying widely from New York and Massachusetts to Wyoming and Mississippi.

"On average," the senator says, "reducing penalties to misdemeanors has resulted in lower drug use, higher rates of drug treatment participation and even less property and violent crime."

Leno sponsored a misdemeanor-only bill last year, and it failed miserably on the Senate floor.

Some liberals would legalize all drug use. That would be foolish. People — especially kids — should not be able to just walk into a Safeway and get blotto. Alcohol is bad enough. These are not "victimless" crimes. They destroy families.

It's important to remember that Leno is not proposing legalization, or even treating hard drugs like marijuana. Smoking pot in California, at worst, is considered an infraction, like a traffic ticket. No one gets jailed these days for toking weed.

Not many are even locked up in state prison solely for possessing hard drugs — only 827 out of 133,000 total inmates, according to the state corrections department. All were sentenced before Brown's 2011 "realignment" that shifted incarceration of most low-level offenders to local jails.

Source.... http://www.latimes.com/local/la-me-cap-drugs-20130909,0,2334924.column

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600    
 http://www.jonathanfranklinlaw.com

Have You Ever Been Involved in a Hit and Run?

 Newsflash from your Hollywood Attorney:

This Attorney knows what to do!

Facing Charges on Leaving the Scene of an Accident
Under California state law, if you are involved in a motor vehicle accident you are required to stop and exchange information with the other driver. If you inadvertently hit a car in a parking lot and are unable to locate the car’s owner, you are required to leave a note on the car containing your information and file a police report as soon as possible. When people fail to stop or leave a note after hitting another car, they can be charged with hit and run. In cases where no one is injured, hit and run is a misdemeanor offense that could result in fines, driver’s license suspension, even jail. In injury or fatal hit and run accidents, drivers face felony charges that could result in prison, heavy fines, and the suspension of their license if convicted. At the Law Offices of Jonathan Franklin, we conduct our own investigation of a hit and run accident to determine if the prosecution is ignoring important information in a rush to judgment to convict our client.

If you’ve been charged with hit and run, contact Beverly Hills Hit and Run Attorney Jonathan Franklin today to schedule a free confidential consultation before you talk to the police. We can protect your rights and ensure you aren’t forced into admitting to crime you didn’t commit.

Hit and Run and Alcohol
A number of hit-and-run accidents involve people who have been drinking. In some cases, a driver – whether drunk or not – may leave the scene of an accident in the hope that he or she will have time to “sober up” before being caught or reported to the police. In other instances, a driver who has been drinking may not realize he or she has hit someone. The distinction can be important since it involves a question of intent: did the driver of a vehicle realize he or she had been in an accident and knowingly and intentionally leave the scene?

While you may still be held accountable for hit and run, the charges against you may be reduced if it becomes clear that you did not knowingly leave the scene of an accident because you were worried about being charged with drunk driving. You can bet the prosecutor in your case will check credit card receipts and bar and restaurant tabs to determine if alcohol played a role in your hit-and-run accident. That’s why we work hard to stay ahead of an investigation, preparing a defense against allegations of drunk driving and hit and run.

Intentionally Leaving the Scene of an Accident
If there is little question of your guilt in leaving the scene of an accident, it’s still important to tell the court why you fled the scene. While there is no guarantee the court will reduce your sentence, extenuating circumstances and a clean driving record may convince a judge to reduce the sentence or ultimately dismiss the case against you. For example, did you stop and, after inspecting your car, decide there wasn’t enough damage to justify exchanging information? Did you believe the other driver wasn’t going to stop? Did you have auto insurance that ultimately took care of any damage? Again, while these kinds of reasons may not absolve you of criminal responsibility, they may convince the court to reduce or dismiss the charge against you.

Contact a Los Angeles Hit and Run Lawyer
A conviction for hit and run can result in jail, fines, and the loss of your license. Additionally, it could increase your insurance rates and result in the loss of your job if your employer refuses to let you take a leave of absence to serve your jail or prison sentence. To schedule a free, confidential consultation to discuss your case contact Los Angeles Hit and Run Attorney Jonathan Franklin today.

For a free consultation with the Law Offices of Jonathan Franklin regarding a first offense DUI, contact us at 310.273.9600.  Our phones are answered 24 hours a day.

We accept Visa, MasterCard, American Express, and Discover.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600   
 http://www.jonathanfranklinlaw.com

Have You Had a DUI in the Los Angeles Area?

Newsflash from your Hollywood Attorney:

Representing Clients in the Los Angeles Area

If you are arrested in California for DUI (called DWI in other states), a series of legal events begins that can result in a jail sentence, a fine, and the suspension of your driver’s license. If you have already been convicted for drunk driving, the penalties for DUI increase.

For a free consultation right away, please call 310.273.9600

It is essential that you are represented by experienced counsel who can successfully deal with the various issues growing out of the arrest. In California, a person charged with DUI will have their license confiscated by the arresting officer. You will be given a piece of paper that functions as a temporary license. Your temporary license should indicate that your license will be suspended within 30 days unless you schedule a DMV hearing to resolve the matter. You have only 10 days after your arrest to schedule a DMV hearing. You will also have an opportunity to enter a pre-trial motion to suppress evidence or dismiss the charges against you if an officer failed to follow proper procedure or stopped your car without reasonable suspicion.

The Law Offices of Jonathan Franklin has helped numerous clients face and overcome the challenges that a DUI arrest presents. Contact us at 310.273.9600 to schedule your free consultation. We may be able to help you.

After a DUI Arrest in Los Angeles
We represent clients in drunk-driving cases, including:
First-time DUI
Felony DUI
DUI with injuries
Driver’s license suspension and restoration
Hit-and-run
Traffic violations

If you are a student at UCLA, USC, or any other local college or university in the Los Angeles and the Southern California area, an underage DUI arrest can affect your ability to get a driver’s license and create other complications for you. If marijuana is found in your car as well, a drug possession conviction could affect your eligibility for financial aid. We can review your situation and case and discuss how best to resolve your underage or drug possession charge.

Achieving a Positive Outcome in DUI Cases in Los Angeles
Just because your breath or blood-alcohol tested .08 or above does not mean that conviction on the charge is a certainty. There may be procedural, mechanical, or biological factors on which a successful defense can be based. For example, the police may have made an improper stop. The breath or blood test may not have been conducted correctly. Or, the breath testing machine may not have been in proper working order.

The Law Offices of Jonathan Franklin will thoroughly investigate all of these factors and conduct a vigorous defense. Possible outcomes in this situation might include dismissal of the charge, a reduction of the charge, or victory at trial.

An Experienced Plea Negotiator - Beverly Hills DUI Lawyer
In some DUI cases, however, a trial may not be the best solution. It may be better to negotiate a plea agreement that enables you to move forward in your life without the expense or risk of a trial. Beverly Hills DUI Attorney Jonathan Franklin is a former prosecutor and an experienced negotiator. He has a record of success in negotiating and obtaining reduced charges and mitigated penalties for clients in the Los Angeles and the Southern California area. When it is appropriate, he will seek such an outcome for you and present you with all of your options.

To schedule your free initial consultation with the Law Offices of Jonathan Franklin, contact us at 310.273.9600. Our phones are answered 24 hours a day.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600   
 http://www.jonathanfranklinlaw.com

Todd Anthony Shaw (Too Short) arrested for DUI & Felony, tried to flee

Short -- real name Todd Anthony Shaw -- was pulled over in L.A. a couple hours ago for some traffic violation ... and when cops approached the vehicle, he appeared under the influence.

Now here's where it gets weird -- when police attempted to administer a breathalyzer test, law enforcement sources tell us Too Short took off  ... and tripped as he ran down the street.

Police got their man and placed him under arrest ... then tossed him into a police cruiser.

On the way back to the station, things got even crazier -- we're told Too Short tried to dump narcotics in the back of the cruiser.

Our sources say Too Short blew a .09 ... just over the .08 legal limit.

According to law enforcement sources, Too Short is currently being booked for DUI and felony narcotics possession.

Read more: http://www.tmz.com/2013/03/20/too-short-arrested-dui/#ixzz2O62V6QGm