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Ask a DUI Lawyer: Can the police impound my car for 30 days?

Ask a DUI Lawyer: Can the police hold my car in impound for 30 days? Driving without a license is a criminal offense in California. The offense will be charged as an infraction or a misdemeanor. The severity of the charge will depend on the facts and circumstances of the situation. If someone is stopped …

Ask a DUI Lawyer: Can the police impound my car for 30 days?Read More

California Changes Penalties for Driving Without a License

Effective January 1, 2023, the penalty for driving without having a valid license has been reduced. The reduction applies in specific scenarios when an individual has not been issued a valid California driver’s license. Before the amendment to the law, California law prohibited a person from driving a motor vehicle on a highway unless that …

California Changes Penalties for Driving Without a LicenseRead More

Handling a California DUI Arrest when you have an Out of State Driver’s License.

How to handle a California DUI arrest when you have an out-of-state driver’s license? It happens. A driving under the influence arrest occurs when you are in California. Yes, this will be an inconvenience. No, your world will not come to an end. If you have found yourself in this unfortunate situation, having a clear …

Handling a California DUI Arrest when you have an Out of State Driver’s License.Read More

Sealing Felony Convictions (SB 731)

SENATE BILL 731 (Sealing Felony Records) California lawmakers have proposed one of the country’s most sweeping bills that would allow some Californians with criminal felony convictions the unique opportunity to have their records sealed after four years. The proposed legislation would apply to offenders who have managed to maintain a clear record for a set …

Sealing Felony Convictions (SB 731)Read More

California Shortens the Probation Period for Most Offenses

Misdemeanor and Felony Probation in California Thanks to recent legislation in California, most individuals placed on probation will now have probation terminated within one year in the case of a misdemeanor or two years in felony cases. Legislation passed in September 2020 changed the probationary period in California for most offenses. This new law has …

California Shortens the Probation Period for Most OffensesRead More

California Remote Court Appearances, Penal Code section 977

For the past two years, California courts have authorized remote proceedings. Remote proceedings provided a safe and effective way to handle the large volume of criminal court cases during the pandemic. In addition to providing a safe way to handle court cases, the remote proceedings allowed attorneys to effectively work on cases without having to …

California Remote Court Appearances, Penal Code section 977Read More

New ruling impacting DMV license suspensions

Currently, the California Department of Motor Vehicles holds administrative hearings to determine if an individual’s driving privilege should be suspended following an arrest for driving under the influence.  These proceedings have been taking place for years in California.  At the hearings, the Department of Motor Vehicles appoints an employee who acts as both the prosecutor …

New ruling impacting DMV license suspensionsRead More

California New Misdemeanor Diversion Program

California’s Misdemeanor Diversion Program The new law allows a judge over the objection of the prosecuting attorney to offer diversion to a defendant pursuant to the terms of Penal Code section 1001.95. Those terms can include a number of conditions that the judge deems appropriate under the circumstances, and last for a period of up …

California New Misdemeanor Diversion ProgramRead More

DUI penalties may soon include mandatory ignition interlock devices in California

The program has shown success in Los Angeles, Tulare, Alameda, and Sacramento counties and as a result, Senator Hill looks to expand the program throughout the entire state. In 2010 Assembly Bill 91 was passed which made the installation of an IID a possible punishment for first-time DUI convictions in four counties in California. Offenders …

DUI penalties may soon include mandatory ignition interlock devices in CaliforniaRead More

Can a medical marijuana prescription be used as a DUI defense?

Under California Vehicle Code 23152 operating a vehicle while under the influence of drugs and/or alcohol is against the law. Being charged with suspicion of driving under the influence does not require much; in fact for the most part prosecutors simply have to have a reason to believe that the defendant is guilty of DUI. …

Can a medical marijuana prescription be used as a DUI defense?Read More

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    This website provides general information only. It should not be relied upon as legal advice. The law is constantly changing and differs from location to location. Applicability of the law is dependent upon the facts and circumstances of each case. You should consult an attorney about your particular situation. Transmission of this information is not intended to create, and receipt does not constitute an attorney–client relationship between the sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

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    Gregory W. Fox provides DUI, criminal defense, and personal injury representation throughout Fresno and the greater Central Valley of California including Fresno, Kern, Kings, Madera, Mariposa, Merced, Monterey, San Luis Obispo, Stanislaus, Tulare, and Tuolumne counties.

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