We are all human and are bound to make mistakes, this includes trial courts. However, the decision on whether to appeal a decision of the court is not an easy task and the procedural elements associated with filing an appeal if not followed properly can have devastating effects, including dismissal of your appeal. Generally speaking you have 30 days to file a notice of appeal. Keep in mind this is a jurisdictional requirement, meaning if you don't timely file your notice you completely lose your chance of having the court of appeal consider your appeal.
CCP 904.1 codifies the general list of appealable orders and judgments. Generally an appeal may be had from a final judgment that terminates the trial court proceedings by completely ...
Every California criminal
crime has an element that the prosecution is required to prove beyond a reasonable doubt. A California
DUI charge also has two specific elements that the prosecutors or city
attorneys need to prove before being able to obtain a conviction.
What Elements Need To Be Proved in A California DUI
To convict you of a
California DUI the prosecutor or city attorney must prove that:
You dove a
When you drove
the vehicle you were under the influence AND your Blood Alcohol Level was 0.08
or higher by weight.
On June 23, 2016 in a case called Birchfield v. North Dakota the United States Supreme Court
clarified an issue for which a lot of states including California and the Court
itself had been grappling for some time.
The court held the
Fourth Amendment permits warrantless breath
tests incident to
lawful arrests for drunk driving, but
not warrantless blood tests.
The case involved three separate defendants who had been
arrested for drunk driving. Of note in the case was also the issue of implied
consent laws. Many states including California have implemented implied consent
laws to protect the public. Essentially, what they say is if you drive on the
“Pretrial Diversion” is the
procedure of postponing prosecution either temporarily or permanently at any
point in the judicial process from the point at which the accused is charged
This is a powerful tool that
your San Diego Criminal Defense Attorney would be able to use to be able to convince the
prosecution to either temporarily or permanently stop the prosecution of the
case against you. Usually your criminal defense attorney and the prosecutor
would agree that you be placed in a pre trial diversion program (such as a drug
treatment program) or any other program that would be beneficial to you
considering the charges that the prosecutor has already charged or is planning
to charge you wit...
In California under Vehicle
Code Section 23612(a)(1)(A): “a person who drives a motor vehicle is deemed
to have given his or her consent to chemical testing of his or her blood or
breath for the purpose of determining the alcoholic content of his or her
blood, if lawfully arrested for an
offense allegedly committed in violation of section 23152 (California’s DUI
The important thing to keep
in mind is that when you get pulled over by an officer for suspicion of drunk
driving, at that very moment in time, the traffic stop is just like any other
traffic stop. (i.e. when you get pulled over for spe...