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Is it news if a California appellate court misstates the essence of the California Supreme Court Watson-DUI decision?
Reading the unpublished case of People v. Rodriguez (Cal: Court of Appeal, 2nd Appellate Dist., 6th Div., No. B217573, Sept. 7, 2010) made my jaw drop. One paragraph began saying, "At least since 1981, when our Supreme Court affirmed a conviction of second degree murder arising out of a high speed, head-on automobile collision by a drunken driver that left two dead..." (citing People v. Watson, (1981) 637 P. 2d 279). The 1981 Watson-DUI opinion I read allowed second-degree murder charges to remain in an information and even said it may be tough to fight; IT DID NOT AFFIRM A CONVICTION nor did it approve blind presumptive inferences. Since that particular appellate court seems to have an propensity for inferring implied malice, it seems quite relevant that they mangled the Watson-DUI decision as if details weren't important. I have no criminal matter to defend, and I am not a journalist or lawyer. I wonder if I should be emailing media. While I don't know if the misstatement significantly affected the outcome of Rodriguez, it's frightening to me that an appellate court misstated precedent when making a decision that affected the liberty of a defendant. Am I confused?
Apparently you think so, or you wouldn't have posted it
What does revoking mean
I was arrested in 2012 for duii havnt paid any fines or done any classes.I can't.afford it I'm a singel mother of3 boys my drivers llicens was taken away I.have no car I can't make it to.court dates so I get warrents..but..I'm on probation for 3 years.in between there I have been arrested for disordly conduct.conspericy to commett burgerly.and petty theft.all thoise charges were droped now I go on Sep 30 2015 for them to revolking of probation....please tell me what they are gonna do......I'm in california
If this was a first time DUI, the maximum penalty for that offense is 6 months in the county jail. When the court...
Convicted with a DUI, it got reduced to a 23103 VC "dry reckless" in 2011. What should my drivers license record read?
I finished my probation and completed a DUI course and I also hold an SR-22. My drivers license record still reads 23103 VC reason: Excessive blood alcohol level. If my court paperwork reads "dry reckless" why does my DMV record read excessive blood alcohol level?
It sounds like you may have received, through plea bargaining, a reduced charge informally referred to as a "dry...
I was convicted with a DUI but it got reduced to a 23103 VC back in 2011. What should my drivers license record read?
I finished my probation and completed a DUI course and I also hold an SR-22. My drivers license record still reads 23103 VC reason: Excessive blood alcohol level.
VC23103.5 is the code section for a Wet Reckless disposition, which is what it sounds like you were convicted of.
Work compensation transportation to doctors appointments? I got a DUI driving to my doctor and do not have a ride.
Pain medication and benzos were found in my blood-test. My wife died of cancer, she was the one who gave me rides to my doctors who are fifty miles away. How much of a fight is it going to be to get workers compensation insurance to pay for a driver to my doctors? I tried my best to do everything on my own and it costed me my driver's license. Esquire fired me because I lost my temper after he refused to return my phone calls for three months.. Is it possible to get a lawyer or help from the State's legal aid. I never received a cash offer, he was the first lawyer I had and now I am in limbo. Will a lawyer take my case or should I beg the State for help to get a driver to take me to get my medications and doctors visits? A DUI is a new low for me!
It seems that if you got a DUI the Public Defender is your best option. Good luck.
Can I file a motion to dismiss my DUI case? (California)
Two charges on my ticket were 22356(a) & 22356(b) both are speeding. My question is I was arrested for a DUI 3rd and he wrote DUI on the ticket along with .08 or higher. The officer also marked infractions on my ticket. I performed poorly on my field sobriety tests because it was 36F high outside in Barstow. It was 3am and I was shaking vigorously due to the weather. I was also never read my rights. My question if I can get it dismissed based off these errors. I'm already in the process of finding an attorney.
I am glad you are getting an attorney. You need one for this matter and the DMV. You must contact the DMV within 10...
California DUI questions. I blew .137 and .130 on the PAS and submitted to a blood test which resulted in .08 (1h34min later)
The arresting officer also made recommendation for speeding+reckless enhancement 23582(a) on his report which the DMV sent me. I was not driving reckless, there was no traffic at 5am on i15 Barstow freeway. It has been three months and the DA has yet to file charges against me. However, when they do, I plan on asking for an indicated sentences at the arraignment to see if the prosecutor will give me a lesser sentence such as wet reckless. If not, I will request a continuance and ask for a public defender. Will the court be lenient being this is my first offense with blood test of .08? Is my case too serious to even consider a public defender to help achieve a DUI downgrade sentence? Or should I look into borrowing money so that I may afford an attorney to fight my case?
I had a very similar case to this about 2 weeks ago. The young lady I was representing had a blood alcohol of .14 at...