Saturday, December 26, 2015

Anaheim DUI Checkpoint - December 26, 2015

According to an Anaheim Police Department Press Release, the Anaheim Police Department will be holding a DUI Checkpoint in Anaheim this evening, Saturday, December 26, 2015 at 1100 Euclid Street between 8:00 p.m. and 2:30 a.m.

If you happen to get caught up in this evening's Anaheim DUI Checkpoint and arrested for DUI, call or contact +Peter F. Iocona for a free DUI Consultation or visit our website dedicated to the types of DUI Discovery you should expect to obtain in connection with your Anaheim DUI Charge.

Monday, December 21, 2015

A DUI Charge Requires Actual "Driving" - Volitional Movement Is Required In California

Many people, (even police officers), erroneously believe that being in "operation and control" of a vehicle is enough to arrest a person for driving under the influence in California. Thus, under that line of thinking, having one's keys in their possession while being behind the wheel would be "sufficient" for arresting someone for driving under the influence. 

This belief is erroneous because the State of California requires a showing of "volitional movement" pursuant to the California State Supreme Court case of Mercer v. DMV (1991) 53 Cal.3d 753. This is an important distinction and one that could mean the difference between a conviction and a dismissal of the DUI charges.

Click the link to learn more about the element of Driving for a DUI charge in the State of California.

Orange County DUI Checkpoints - December 18, 2015 - to - December 20, 2015

There were numerous DUI Checkpoints this past weekend in Orange County, California. If you are interested in learning about the types of discovery or evidence you should expect your DUI Lawyer to obtain in connection with your Orange County DUI Case, check out the following links for each City in Orange County that held a DUI Checkpoint this past weekend:

  1. Huntington Beach
  2. Fullerton
  3. Fountain Valley
  4. Placentia
  5. Laguna Niguel
  6. Garden Grove
  7. Brea
  8. Costa Mesa
  9. Seal Beach
  10. Tustin
  11. La Habra
  12. Irvine
  13. Buena Park
  14. Santa Ana
The types of discovery that may be available from each agency could mean the difference between a DUI Conviction or a reduction or dismissal.

If you need an experienced Orange County DUI Attorney, contact Attorney +Peter F. Iocona of the Law Office of Barry T. Simons: 888-938-4911 or complete a Confidential DUI Contact Form.

Child Endangerment Charges - Increased Chances of Jail Time

During this holiday season when people may be out shopping and eating with their kids and then have just a drink or two over breakfast, brunch, lunch or dinner, I wanted to remind everyone that some dangers may lie ahead if they were to get arrested for DUI with a child under the age of 14 in the vehicle.
Penal Code § 273a(a) is considered a “wobbler”, punishable by up to one year in the county jail, or two, four, or six years in state prison. Penal Code § 273a(b) is a misdemeanor, punishable by up to one year in county jail. When probation is granted on a Penal Code § 273a conviction, there are minimum mandatory probation terms set forth in Penal Code § 273a(c), though some or all of these conditions may be waived in the interests of justice under Penal Code § 273a(c)(5).
Click the link to learn more about Child Endangerment Charges