Before moving on to discuss the recent vehicular homicide DUI decision in People v. Carlson (October 12, 2011, G043833)__Cal.App.4th__, let’s consider how the defense works (or rather why it doesn’t work).  First of all, unconsciousness caused by voluntary intoxication is only a “partial defense” to a criminal charge in that it may serve to only negate the “specific intent” or state of mind requisite to a particular offense.  (People v. Kelly (1973) 10 Cal.3d 565.)

Penal Code section 22, states:

Some changes to California’s marijuana laws went into effect over the past couple of months. As many are aware, Proposition 19, the state-wide ballot initiative to legalize marijuana for personal use, failed to win the approval of a majority of voters last November. Nevertheless, non-lawful possession of up to one ounce, 28.5 grams, has been downgraded from a misdemeanor to an infraction punishable by a maximum fine of $100. 

Happy New Year from Trujillo Law Offices!

The turning of the New Year inevitably means that some new laws will go into effect across the Golden State. We will be keeping our eyes on all of the new rules and statutes affecting criminal law practitioners. Here, I discuss the first of two new DUI-related laws in California. Both legislative actions indicate California’s tendency to increase penalties for DUI.