Speak to a real attorney today, book a FREE consultation at our offices around the Bay Area. Red Metric Law was founded by California attorney, Daniel Vaswani with the intent to provide responsive and thorough criminal defense advocacy. Our defense services include assistance with charges such as driving under the influence (DUI), domestic violence, violent crimes, drug crimes, theft crimes, and other criminal offenses.
At Red Metric, we are attuned to the urgency of our clients' goals and needs. We take on each case with a unique approach, as we understand that people require specialized attention and comprehensive services. As a result, our solutions are customized to bring our clients closer to their goals with peace of mind.
Do not face your criminal charges alone, with offices in Oakland, Hayward, Redwood City, San Francisco, and San Jose our defense attorneys are greatly familiarized with the courts all over the San Francisco Bay Area.Daniel is a business, criminal, and social security benefits lawyer dedicated to assisting his client's achieve their goals, mitigating risks and consequences, and defending their rights.
At Red Metric, we are attuned to the urgency of our clients' goals and needs. We take on each case with a unique approach, as we understand that people require specialized attention and comprehensive services. As a result, our solutions are customized to bring our clients closer to their goals with peace of mind.
Do not face your criminal charges alone, with offices in Oakland, Hayward, Redwood City, San Francisco, and San Jose our defense attorneys are greatly familiarized with the courts all over the San Francisco Bay Area.Daniel is a business, criminal, and social security benefits lawyer dedicated to assisting his client's achieve their goals, mitigating risks and consequences, and defending their rights.
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Driving under the influence ("DUI") is a crime in California.
Most (if not all) states have their own DUI laws, and California is no exception with Vehicle Code Section 23152 ("VC 23152").
In this section we will discuss the particulars of California's DUI laws and possible defenses to charges arising there.
The prosecution's case in a DUI usually boils down to two sections of proof: evidence that you were, in fact, driving a vehicle and evidence that you had some version of alcohol, drugs, or a combination of both in your system at the time.
Most (if not all) states have their own DUI laws, and California is no exception with Vehicle Code Section 23152 ("VC 23152").
In this section we will discuss the particulars of California's DUI laws and possible defenses to charges arising there.
The prosecution's case in a DUI usually boils down to two sections of proof: evidence that you were, in fact, driving a vehicle and evidence that you had some version of alcohol, drugs, or a combination of both in your system at the time.
It is a crime under California law to drive a vehicle while under the influence of alcohol, drugs, or a combination of both.
Furthermore, the California vehicle code creates a separate offense, however, for "DUI Causing Injury.".
This means that, after hearing all of the evidence, if the jury is convinced that all three elements are fulfilled, then they will find the defendant "guilty" of DUI causing injury.
But, if the jury has any reasonable doubt as to even one of the above elements, then a "not guilty" verdict will result.
Furthermore, the California vehicle code creates a separate offense, however, for "DUI Causing Injury.".
This means that, after hearing all of the evidence, if the jury is convinced that all three elements are fulfilled, then they will find the defendant "guilty" of DUI causing injury.
But, if the jury has any reasonable doubt as to even one of the above elements, then a "not guilty" verdict will result.
Driving with a Suspended License for prior DUI conviction under California Vehicle Code Section 14601.2.
If you are found guilty of DUI in California, it is likely that the DMV will suspend your license for a period of time following your conviction.
If you drive a vehicle during such a suspension period, then you might find yourself charged with a brand new, separate criminal offense.
For instance, if the jury is convinced that the defendant's license was, in fact, suspended from a prior DUI, but they have reasonable doubt as to whether the defendant drove the vehicle at the time in question, then that would result in a "not guilty" verdict.
If you are found guilty of DUI in California, it is likely that the DMV will suspend your license for a period of time following your conviction.
If you drive a vehicle during such a suspension period, then you might find yourself charged with a brand new, separate criminal offense.
For instance, if the jury is convinced that the defendant's license was, in fact, suspended from a prior DUI, but they have reasonable doubt as to whether the defendant drove the vehicle at the time in question, then that would result in a "not guilty" verdict.
If you are charged with a DUI, you may be able to resolve your criminal case by pleading to a lesser charge of "wet reckless."
Therefore, when a plea to "wet reckless" is offered and the defendant accepts it, the prosecutor has to "amend" the criminal complaint so that a charge of "wet reckless" replaces the DUI charges.
This also means that you will never go to "trial" on a charge of "wet reckless."
In situations where "wet reckless" is never offered and the defendant elects to go to trial, it would be a trial on DUI charges.
Therefore, when a plea to "wet reckless" is offered and the defendant accepts it, the prosecutor has to "amend" the criminal complaint so that a charge of "wet reckless" replaces the DUI charges.
This also means that you will never go to "trial" on a charge of "wet reckless."
In situations where "wet reckless" is never offered and the defendant elects to go to trial, it would be a trial on DUI charges.
If you are charged with a "drug", "controlled substance" or "narcotics" crime, you might be worried about the possible consequences.
Will I be found guilty?
If so, will I have to go to jail?
What will happen to my record when all is said and done?
Section 1000 of the California Penal Code ("PC 1000") allows some people arrested with drug crimes to avoid the collateral consequences of a criminal conviction.
Under PC 1000, a defendant charged with certain drug crimes can avoid both jail time and a criminal conviction on their record by participating in drug treatment.
Will I be found guilty?
If so, will I have to go to jail?
What will happen to my record when all is said and done?
Section 1000 of the California Penal Code ("PC 1000") allows some people arrested with drug crimes to avoid the collateral consequences of a criminal conviction.
Under PC 1000, a defendant charged with certain drug crimes can avoid both jail time and a criminal conviction on their record by participating in drug treatment.
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