San Francisco Criminal Lawyer Blog

September 13, 2018

What to Do If You’ve Been Charged with Driving at a Speed of 100 MPH or More in California

Any speeding offense has the potential to inflict a negative impact on your life. However, an offense where you are accused of traveling at 100 mph or greater can have especially bad consequences, from higher fines to a higher number of points on your license to a loss of driving privileges – even if this was your first moving violation. Because these offenses can be particularly harmful, you should take them seriously. Be sure to defend yourself aggressively, starting with retaining the services of an experienced San Francisco speeding defense attorney.

Back in August, the Richmond Standard reported on two drivers whom CHP officers arrested while traveling across eastbound Interstate 580. The drivers, according to police, were weaving in and out of traffic while traveling at speeds in excess of 100 mph. The two drivers were arrested on suspected reckless driving and speeding, according to an ABC 7 News report.

Getting convicted of driving in excess of 100 mph can lead to profoundly serious outcomes. Unlike other speeding offenses, you will be required to make an appearance before a judge Whereas a judge cannot suspend your license for a first-time speeding offense if you were caught going less than 100, a conviction for going 100 mph or more gives the judge the ability to suspend your license for up to 30 days, and that’s if you have no prior offenses. Additionally, the court can fine you up to $500.

September 7, 2018

California’s Negligent Operator Treatment System, and What You Can Do if the DMV Suspends Your License

by Uthman Law Office

For many people, decisions by the DMV to suspend their driving privileges are massive and severe penalties. Many people must drive to earn a living, tend to their loved ones and even secure food to eat. Being left without driving as an option could potentially put them in a terrible situation. That’s why, as the state rolls out news law that impact what offenses can cost you “points on your license,” it is important to understand how that points system works, and what you can do if the DMV suspends your license based on those points. One of the first actions you may want to consider taking is to reach out to an experienced San Francisco DMV defense attorney about your situation.

The most recent change with regard to points relates to marijuana. Back on Jan. 1, 2018, the recreational use of marijuana became legal in California. That same day, another new law went into effect, which made smoking or otherwise consuming marijuana (or marijuana products) illegal for any driver or passenger in a vehicle, according to a Los Angeles Times report. The new law functions somewhat similarly to the state’s “open container” laws regarding alcohol. The penalty for violating this new law is that the DMV will assess negligent operator points for a violation.

With that in mind, you may be asking yourself how exactly the “negligent operator” points system works. The state’s negligent operator treatment system, also known as NOTS, is a program designed to curtail certain driving behaviors. A violation can carry anywhere from 0 to 3 negligent operator points. For example, speeding is generally a one-point violation (although it can be two if you were going more than 100 mph). Failing to yield to a pedestrian is a one-point offense. An unsafe vehicle can also be a one-point violation if it affects operational safety. Therefore, unsafe brakes could be a one-point offense. Driving under the influence and a hit and run are two-point offenses. A major conviction while you are behind the wheel of a commercial vehicle could result in a three-point assessment.

August 30, 2018

You Can Fight Your Bay Area Speeding Ticket, Regardless of What Technology the Officer Used to ‘Clock’ Your Speed

by Uthman Law Office

News sources recently reported on a “crackdown” on speeding violations in one Bay Area city. The crackdown included catching drivers using state-of-the-art technology for calculating drivers’ speeds. However, even if you’ve been ticketed by an officer equipped with the latest in cutting-edge technology, do not despair. You may still have a very viable opportunity to contest your speeding ticket and do so successfully. To give yourself the best chance possible to avoid the fines, driver’s license point deductions and insurance rate increase that can go with a speeding ticket, contact an experienced San Francisco traffic ticket attorney today.

The news report, which appeared on sfgate.com, discussed a speed enforcement “crackdown” in South San Francisco. On a single August day, police in that city wrote 72 speeding tickets. Police told sfgate.com that the crackdown focused on “streets where speed and other traffic issues have been a recurring problem.”

The crackdown was part a “saturation patrol” that was possible thanks to funding by the state Office of Traffic Safety through the federal National Highway Traffic Safety Administration, according to the report. In the well-funded crackdown, officers used something called a “lidar” device. Lidar devices use lasers to determine an object’s speed and are touted as being highly accurate. If you are issued a speeding citation, and if the officer who issued the ticket used a lidar device to assess your speed, do you have any chance of success, especially given how accurate lidar is? The answer is “Yes!” Even if you were ticketed by an officer using lidar, there may still be ways to contest your ticket successfully.

August 22, 2018

What Exactly is a ‘Speedy Trial’ and How Can Demanding One Impact Your California Domestic Violence Case?

by Uthman Law Office

The law provides criminal defendants with various tools and options for carrying their defenses. Some of these defense techniques may be based upon the specific facts involved in the case, while other tools are based upon case law, statutory law or rules of procedure (and may have nothing to do with your unique facts). Either way, success may rise and fall based upon utilizing these rights and legal tools to the best possible extent. To make sure your defense is as strong as it can be, ensure you have a knowledgeable California criminal defense attorney in your corner.

Back in the spring, The Mercury News reported on one of the more closely followed recent criminal cases involving a sports figure — the domestic violence charges pursued against Reuben Foster, a linebacker for the NFL’s San Francisco 49ers. The player’s girlfriend at the time, with whom he shared a home in Santa Clara County, alleged that Foster beat her.

Based on the woman’s allegations, the state brought charges against the man for felony domestic violence. In California, you can face either misdemeanor or felony charges for an alleged crime of domestic violence. There are several factors that can make an alleged incident of domestic violence a felony instead of a misdemeanor. If the incident caused serious physical injury to the victim, that might make it a felony. Another way that an incident can become felony domestic violence is if you have a previous conviction for a violent crime within the last seven years, including a conviction for domestic battery.

August 14, 2018

What is an Expungement, How Can it Help Me, and How Do I Go About Obtaining One in California?

by Uthman Law Office

A DUI conviction can have a serious impact on your life. It may cost hundreds in fines, may negatively affect your insurance rates, and may even affect the jobs at which you can work. (As an example, a DUI on your record will probably prevent you from driving for Uber or Lyft.) That’s why it is important to contest these matters vigorously. Ideally, you should take immediate action and retain a knowledgeable San Francisco DUI attorney to handle your case. Even if you didn’t, though, and you got convicted, you may still be able to benefit from the process of expungement.Expungements may be available both for people convicted of DUI and for those convicted of “wet reckless.” The process for obtaining an expungement for DUI or wet reckless is laid out in Section 1203.4 of the California Penal Code.

In order to pursue a DUI conviction expungement, you’re going to have to meet certain eligibility requirements. You have to have completed probation successfully. In addition, you must have received a sentence that did not involve serving time in a state prison (as opposed to a county jail). Assuming you meet those requirements, you have to file a document asking the court to expunge the conviction. The court will hold a hearing. If your judge grants the expungement request, the case is dismissed, and the conviction is removed from your record.

You may have heard about California’s “ban the box” law. The California Fair Chance Act, which became effective this year, prohibits employers from asking about a job applicant’s criminal history as part of the initial application process. However, that doesn’t mean that an employer can’t ask about criminal history, including DUIs, at all. An employer absolutely can ask about a candidate’s criminal history after the employer has issued the candidate a conditional offer of employment. Even now that the new law is in effect, an expungement of your DUI is still potentially highly valuable. Without an expungement, you could have to divulge your DUI or wet reckless conviction after the employer has conditionally offered you a job. With an expungement, you generally do not have to divulge that DUI or wet reckless conviction at all.

August 7, 2018

One Bay Area Driver Recently Tried a Unique Argument to Try to Dodge a Speeding Ticket. It Didn’t Work.

by Uthman Law Office

Everyone responds to agitation in different ways, and almost anyone experiences some sort of agitation when they’re pulled over by the police for a speeding violation. Some people cry. Some become hostile. Others panic. Still others try to debate their way out of the ticket while sitting on the shoulder of the road. The reality is that the best way to handle your ticket often is simply to sign the citation and then retain knowledgeable San Francisco traffic ticket attorneys to handle your case and get you a favorable outcome.Judges and journalists both love a good story, sometimes. In a recent criminal case decision, a federal appeals judge in Atlanta, while putting the “kibosh” on a novel defense argument, opined that America’s “history contains many…stories of triumph over long odds. This, however, is not one of those.” What the judge was saying was that, while the defense’s argument was creative, the judge wasn’t buying it. Closer to home, the Sacramento Bee reported on another encounter with the legal system that involved a “long shot” argument and an audience that wasn’t buying it.

According to the Bee report, a driver traveling on I-980 in Oakland was pulled over by the CHP for excessive speed. Advised of the speed the officer recorded, the driver contested that he was not going that fast. The officer showed the driver the display of his device, which read “99.” The driver theorized that the device was erroneously providing the officer with the current air temperature. There were two major problems with the driver’s effort to avoid the ticket in this manner. Besides the obvious (officers’ speed detecting devices do not sense, record, or display the temperature), the high that day in Oakland was only 81.

While this driver’s destined-to-fail effort to avoid a ticket may be good for a laugh for the rest of us, there are some things that you should know if you find yourself in a situation like this driver’s situation. While it may be tempting to attempt to argue with a law enforcement officer and try to “discuss” your way out of a speeding ticket, there are more effective methods of achieving success. In fact, sometimes the less you say at the scene, the better off you will be in the long run.

July 26, 2018

What to Do When You’re Been Arrested for Felony DUI in the Bay Area

by Uthman Law Office

Certainly, most everyone understands the importance of refraining from drinking and driving. However, if you should err, end up behind the wheel after a few drinks and get into a fender-bender, you obviously wouldn’t want to spend years behind bars. Did you know that, even if the injuries suffered in your crash are very minor, those injuries could result in your doing years of prison time, even for a first offense? Or that you could possibly face these penalties even if no one was hurt all? A pair of recent cases, one from the East Bay and one from nearby Sonoma County, highlight the very substantial and life-changing penalties you can face and the importance of dealing with these charges in the appropriate manner to minimize the impact they will have on your life long-term. Part of dealing with your felony DUI arrest in the Bay Area is reaching out and retaining knowledgeable San Francisco DUI defense counsel.

The first of the two cases referenced above was from Alameda County. In that case, East Bay Times reported that an off-duty Oakland police officer was charged with DUI. Even though no one was hurt in the accident, the driver was still hit with a charge of felony DUI. According to the police, the off-duty officer was speeding across eastbound on Interstate 580-when he was arrested, the Times report stated.

More recently, a 65-year-old woman was driving in Sebastopol when she turned in front of another driver, according to a KPIX report. The two vehicles collided and each driver suffered minor injuries. There was no evidence that either driver was speeding. However, because the other driver was injured (even though her injuries were slight), the 65-year-old woman was charged with felony DUI.

July 20, 2018

A California Driver’s Statements to Police Ultimately Undermine His DMV Action Seeking the Reversal of His License Suspension

by Uthman Law Office

In certain circumstances, you have a constitutional right to remain silent and to refrain from saying anything (because anything you do say can and will be used against you in a court of law). Not enough people exercise that right to remain silent. They speak too freely and say too much, and their openness eventually comes back to haunt them. That was the situation for one man seeking to get his driving privileges back. He lost his case, in no small part, because of the statements he made to a police officer at the scene of an accident. Always know your rights and use them, including retaining skilled California DMV attorney to help you reverse your license suspension.

The man in the case, M.C., was involved in a traffic accident in Bakersfield. M.C. had been drinking prior to the crash. A Bakersfield officer approached M.C. and started asking him some questions.

If you are a driver who is in a situation like M.C.’s, there are several things that you know for sure. You know you’ve been in an accident. You know that the person in uniform who is asking you questions is a law enforcement officer whose job includes, among other things, investigating the scene of the accident for possible criminal activity. Additionally, you know that you have consumed some quantity of alcohol, thereby raising at least some degree of possibility that the police will investigate you for, and possible charge you with, driving under the influence.

July 13, 2018

New Bill Effective July 1 Changes the California’s Legal Limit for a DUI Charge for People Operating as Rideshare Drivers

by Uthman Law Office

Ridesharing services have been very successful in recent years, and many times these businesses provide a valuable service to the communities they serve. They can also provide a valuable source of income for the drivers with whom the companies contract. As of Jul 1, 2018, the law has changed and the rules are tougher for Uber and Lyft drivers when it comes to providing the service after having had alcohol. It is now much easier to be charged with driving under the influence as a rideshare driver than it is as a regular private driver. Obviously, a DUI conviction can be extremely harmful to you as a rideshare driver so, if you’re facing such an arrest, be sure to act without delay to retain a knowledgeable San Francisco DUI attorney to handle your case.

Some estimates indicate that Uber has more than 100,000 drivers in California and that Lyft’s numbers are similar. Both companies have policies in place to forbid drivers with drunk-driving histories of being hired on as drivers. Uber bars drivers with any DUIs in the last decade. Lyft bars drivers with DUIs on their records for at least seven years.

However, what happens if you are already a Lyft or Uber driver and you drive after having had a drink or two? The answer to that question is different than it used to be. Through June 2018, Uber and Lyft drivers had the same obligations as any non-commercial drivers: driving with a BAC of .08 or more was illegal; below .08 was permissible, California Penal Code Section 23152 now says that, if you have a “passenger for hire” in your vehicle, it is illegal to drive if you BAC is .04 percent or higher. This is an important change as, depending on the driver’s weight and the potency of the beverage, it’s possible that even a single alcoholic drink may give a driver a BAC of .04.

July 6, 2018

San Diego Man Gets Jail Time for DUI Charges that He Dodged for 6+ Years, According to News Report

by Uthman Law Office

With all the talk today about “fake news” and the quality of journalistic reporting, some have come to question the value of what they read or hear from news sources. One thing news sources do unquestionably well, though, is highlight cases that serve as “what not to do” warnings for others. By learning about the strategic errors others made in handling their legal affairs, you can hopefully learn from those mistakes and avoid the downfalls that occurred to the subjects of the articles. For example, one San Diego man faces jail time in Nevada, in part, because he spent several years trying avoid drunk driving charges. Don’t be like that driver. Instead, if you are facing DUI charges in California, reach out to an experienced San Francisco DUI attorney to handle your case on time, thereby allowing you to obtain closure and move on with your life.

The San Diego man was R., who had experienced several encounters with law enforcement related to drunk driving. While working at a Lake Tahoe ski resort in 2011 and 2012, he was arrested several times for DUI. He made bail and then promptly left Nevada, according to a Record-Courier report.

R. headed to San Diego and was able to avoid punishment for his drunk driving arrests for several years. Just because you can do something does mean that you should do it, however. That’s not just true on an ethical or moral level, it can be true on a beneficial self-interest level, too. At the time, R. probably thought that his effort to avoid punishment for those DUI charges was a successful move. It was not.