03.14.13

According to California Law, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour. (Vehicle Code § 22349.)  If you are stopped for a violation of the maximum speed law, a mere traffic stop could lead to a DUI investigation if you have objective symptoms of alcohol intoxication.

03.01.13

According to California Law, no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property. (Vehicle Code § 22350.)  

Keep in mind, a potential basic speeding violation can jusity a San Francisco/Oakland/San Jose DUI traffic enforement stop.

02.06.13

An individual can be convicted of child endangerment during the course of a DUI investigation if, for example, under circumstances or conditions other than those likely to produce great bodily harm or death, he or she willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health may be endangered.  (Pen.

01.30.13

According to California Law, a defendant can be convicted of burglary if they enter a structure with intent to commit grand theft or petty theft, or any felony inside. (Pen. Code § 459.)

The Oakland/San Francisco/San Jose District Attorney must prove beyond a reasonable doubt that the defendant entered a building or room within a building or a locked vehicle, and when he or she entered the building or room within a building or a locked vehicle, he or she intended to commit theft or a felony. (Calcrim 1700.)

01.14.13

According to California Law, an individual can be convicted of resisting a peace officer, public officer or EMT if that person “willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician.” (Pen. Code § 148.)

01.08.13

According to California Law, an individual can be convicted of resisting a peace officer if they attempt “by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his duty.” (Pen. Code § 69.)

01.02.13

If someone is accused of theft, the finder of fact, usually a jury, must decide whether the crime was "grand theft" or "petty theft." The San Francisco/Oakland/San Jose DA can prove the individual committed grand theft if he or she stole property or services worth more than $950. Theft of property from the person is also grand theft, no matter how much the property is worth. Theft is “from the person” if the property taken was in the clothing of, on the body of, or in a container held or carried by, that person. All other theft is petty theft.

01.01.13

In order to be convicted of Petty Theft, the San Francisco Oakland/San Jose District Attorney must prove beyond a reasonable doubt that the accused took possession of property owned by someone else, the individual took the property without the owner’s consent; and when the person took the property he or she intended to deprive the owner of it permanently or to remove it from the owner’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property, and that the individual moved the property, even a small

12.28.12

According to California criminal law, a person can be convicted of selling (dealing) or transporting (trafficking) controlled substances (i.e. narcotics, illegal drugs, such as cocaine, methamphetamine) if that person “transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport” controlled substances.  (Health & Safety Code § 11352.)

12.19.12

Assault in California is defined under Penal Code section 240 as an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Pen.

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