Recent Posts in Criminal Defense Category
Posted on Mar 3, 2012 By Scott Hughes
Motor vehicle crashes are a major cause of death for ages 3 to 14. In 2009, 14 percent of the children age 14 and younger who were killed in motor vehicle crashes were killed by drivers who were ...
Continue reading "DUI arrest & enhanced punishments for intoxicated adult driving children" »
Posted on Feb 28, 2012 By Scott Hughes
You may have a bad experience with a BUI road trap after party and a little too much "alcohol." The state police may stop you at a "highway" and question you if you are drunk. You ...
Continue reading "Bicycling Under Influence of Alcohol or Drugs." »
Posted on Feb 25, 2012 By Scott Hughes
Drivers must know that a DUI conviction can impose fines, penalties, and impact your driving privileges. If you are 21 or older and arrest you for a DUI, you may be charged primarily for driving under ...
Continue reading "What happens to your drivers license after a DUI?" »
Posted on Feb 16, 2012 By Scott Hughes
California's underage DUI laws are among the toughest in the nation. California has a zero tolerance law. The Blood Alcohol Concentration (BAC) limit is 0.01% for drivers under 21. This means ...
Continue reading "Underage DUI Arrests in California" »
Posted on Feb 9, 2012 By Scott Hughes
Arrests for DUI for using prescription drugs are on the rise, especially in California. Any substance or combination of substances, other than alcohol, which is capable of affecting the nervous ...
Continue reading "DUI Drug Arrests for Anti Depressants, Pain Killers, And Allergy Medications" »
Posted on Jan 24, 2012 By Scott Hughes
Once ingested, alcohol is constantly absorbed into, and eliminated from, the body. The entire process of absorption, distribution and elimination can demonstrated on the chart below. The left portion ...
Continue reading "Rising Blood Alcohol Defense to DUI Charges" »
Posted on Sep 21, 2011 By Scott Hughes
We previously blogged the People v. Diaz case where the California Supreme Court ruled that the police, when arresting you, do not need to obtain a warrant to search the personal data contained on ...
Continue reading "SB 914 PROTECTS YOUR CELL PHONE FROM ARBITRARY POLICE SEARCHES" »
Posted on Jul 9, 2011 By Scott Hughes
This week, bill SB 490 passed the Assembly Public Safety Committee. This bill would be the first step in changing the death penalty as we understand it in California, replacing the death penalty with ...
Continue reading "CALIFORNIA DEATH PENALTY REPEAL BILL PASSES ASSEMBLY PUBLIC SAFETY COMMITTEE" »
Posted on Jul 2, 2011 By Scott Hughes
IN U.S. v. Jones, police placed a global positioning system (GPS) on Jones' vehicle without first obtaining a search warrant. The GPS allowed law enforcement to track Jones' movements, which ...
Continue reading "SUPREME COURT AGREES TO DECIDE WHETHER GPS TRACKING CONSTITUTES A SEARCH" »
Posted on Jun 30, 2011 By Scott Hughes
The first thing you should do is to contact your insurance company or insurance agent immediately and forward and documents you received. The insurance company has lawyers that will be assigned to ...
Continue reading "What happens if I am in a Car Accident and Someone Sues Me?" »
Posted on Jun 28, 2011 By Scott Hughes
In the Supreme Court's 2009 decision in Melendez-Diaz v. Massachusetts , the Court ruled that crime laboratory reports are only admissible against criminal defendants at trial if the analyst ...
Continue reading "SUPREME COURT RULES THAT SUBSTITUTE TESTIMONY IMPERMISSIBLE IN DUI CASE" »
Posted on Jun 9, 2011 By Scott Hughes
While advancements in technology make it possible for us to have a wealth of information instantaneously, four Democratic Senators contend that recent Smartphone applications may have gone too far. ...
Continue reading "SMARTPHONES CREATE APPLICATIONS FOR DUI CHECKPOINTS" »
Posted on Jun 6, 2011 By Scott Hughes
Orange County DUI Attorney Scott D. Hughes suggests that the best way to avoid a DUI arrest is not to drink and drive. However, if you do find yourself behind the wheel after having a drink and you ...
Continue reading "WHAT TO DO IF YOU ARE PULLED OVER FOR A DUI" »
Posted on Jun 2, 2011 By Scott Hughes
Early in May, in People v. Magee , the California Court of Appeal for the First Appellate District, ruled that a defendant does not have a reasonable expectation of privacy in a friend’s home if ...
Continue reading "ARE YOUR GUESTS SAFE FROM A WARRANTLESS SEARCH AND SEIZURE?" »
Posted on May 30, 2011 By Scott Hughes
After receiving a federal grant, the CHP intends to reduce the backlog of outstanding California DUI cases. With 330,000 misdemeanor and felony DUI arrest warrants outstanding, the California Highway ...
Continue reading "CHP DUI Warrant Taskforce" »
Posted on Apr 18, 2011 By Scott Hughes
In California Supreme Court opinion of People v. Diaz , the Court held that law enforcement may open up your cell phone if it is found on your person during an arrest and may look at the contents ...
Continue reading "CAN POLICE SEARCH YOUR CELL PHONE WITHOUT A WARRANT?" »
Posted on Mar 29, 2011 By Scott Hughes
The Sixth Amendment guarantees a criminal defendant the right to confront witnesses against the defendant at trial. This right to confrontation includes the right to cross-examine the witness. ...
Continue reading "Another Attack on the Confrontation Clause in Michigan v. Bryant" »
Posted on Mar 8, 2011 By Scott Hughes
If a person has been charged with a criminal offense in Orange County, California, which money or property was seized by the police during the arrest, the government may attempt to have obtain that ...
Continue reading "Orange County Asset Forfeiture" »
Posted on Feb 19, 2011 By Scott Hughes
California Law requires a person who is suspected of driving under the influence of alcohol to submit to a blood or a breath test to determine their blood alcohol concentration. Breath tests are less ...
Continue reading "California DUI Blood and Breath Tests" »
Posted on Oct 25, 2010 By Orange County Attorney
We are pleased to announce the launch of our Orange County Legal Blog .
Continue reading "Welcome to our Orange County Legal Blog" »