A lawyers association has standing to sue the Department of Motor Vehicles (DMV) for alleged waste of government funds in conducting unfair administrative hearings. The California Dui Lawyers Association (CDLA) brought a taxpayer action claiming the DMV wasted funds by violating the due process of drivers in DMV’s administrative per…
San Francisco Criminal Lawyer Blog
Removing Barriers to Employment from Criminal Records
Californians with criminal records face obstacles and barriers to employment. For example, Uber has announced more intense screening of its drivers, including background checks every two years and checks on new criminal and DUI charges. But recent laws limit how employers may use an applicant’s criminal history and open licensed…
Felony-Murder For Aiders and Abettors Ended by Senate Bill 1437
Senate Bill 1437 takes effect January 1, 2019 and will limit first-degree felony-murder for any aider-abettor who is not the actual killer. Under this new law, a defendant must be the actual killer, act with intent to kill, or be a major participant in the underlying felony who acted with…
When the California DMV Can Take Your License Based on Your Medical Condition and What You Can Do About It
California law gives the DMV the authority to suspend a driver’s driving privileges for a variety of reasons. One of these reasons involves physical or medical problems. These conditions can range from epilepsy to Alzheimer’s to diabetes to cataracts. If the DMV is considering taking your license due to medical…
What Can I Do if the California DMV Has Accused Me of Cheating in the Completion of My Written Driving Exam?
Whether you’re a law school graduate taking the bar exam, an investment professional taking the Series 7, a high school student taking the SAT or ACT for your college applications or an individual taking the written exam required for your driver’s license, you know the stress and pressure of needing…
How Road Rage Has the Potential to Negatively Impact Your California Driver’s License
We’ve probably all seen it while behind the wheel. Some may have even done it. “It” is road rage or aggressive driving. Whether it’s the tailgating, the screaming, the horn-blaring, the high-beam headlight flicking, the obscene gestures, the brake-checking, the swerving, the abrupt lane changes or other actions, road rage…
The Difference Between a Lack-of-Skill Interview and a Lack-of-Skill Hearing and What These Processes Mean to Your California Driving Privileges
One of the most frightening non-criminal bureaucratic actions the state can impose against you is the suspension of your driver’s license. That suspension may affect not only your sense of personal freedom but your very livelihood. If you find yourself facing a possible loss of your California driver’s license based…
A Police Officer May Offer an Opinion on Intoxication based on a Field Sobriety Test
A police officer with adequate training and experience in performing the horizontal gaze nystagmus test (HGN) may testify as to the significance of a defendant’s performance on an HGN test, according to a recent California Court of Appeal decision. Although HGN testing alone cannot determine whether a driver is under…
What is a ‘Special Instruction Permit’ in California and How Can This Permit Option Potentially Help Me?
Everyone who has gone through the (often stressful) process of obtaining a driver’s license knows “the drill.” You have to pass a written test and you must also pass a “behind the wheel” exam to get your license. What’s more, you may have to take (and pass) one or both…
What is a ‘Lack of Skill’ Driver’s License Suspension in California and What Can I Do to Avoid It?
You don’t have to be in a large urban center like San Francisco or Oakland to be somewhere where traffic violations are a concern. In fact, recently, the police department for the northern California city of Eureka announced that it had received a $60,000 grant from the state Office of…