Exceptions to a search and seizure will vary, depending on what item or property is being searched. For instance, different rules apply when a police agency is searching through a person’s cell phone versus his or her vehicle.
For the most part, however, exceptions exist and can include the following:

• The search and seizure is being performed with the owner’s consent;
• Based on a lawful arrest, the police have searched the property in order to look for evidence that could be destroyed and/or for weapons that may be used against them.
• Searches made to inspect a location, such as those performed at an international border;
• Probable cause searches, where an officer has reason to believe an automobile has evidence related to a crime;
• Searches made based on plain view, where an incriminating item in outright recognized;
• A search and seizure that is performed during an emergency situation, where the goal is to prevent property damage or physical injury;
• Stop and frisk, which is searching a detainee on his or her outer clothing for possible weapons; and
• A search performed in a situation where the individual has no reasonable expectation of privacy.

In the State of California, you may be protected against an unlawful search and seizure if you have a reasonable expectation of privacy. This is based on:

• The Fourth Amendment of the United States Constitution; and
• Article I, Sect. 13, of the State Constitution.

Common places where you may have an expectation of privacy includes:

• Your place of residence,
• Your computer,
• Your cellphone,
• Your hotel room, and
• Your tent
• You may not expect privacy in:
• Property you have discarded,
• Contents of a stolen vehicle, and
• Property found in a vehicle you are a passenger of.

While most searches and seizures will require a warrant in order to be legal, not all searches and seizures committed with a warrant will be constitutional. Challenging the admission of evidence produced from a search and seizure can be possible if:

• The warrant used to commit the search and seizure was invalid or defective, or
• The police agency’s search exceeded what was permitted by the warrant, and/or yielded evidence aside from what was described in the warrant.

Warrants may be considered invalid or defective if:

• The agent requesting the warrant misled the judge on the facts that would justify the warrant.
• The search warrant was not specific with regard to the area that needed to be searched and/or the evidence the warrant was meant for; and
• The warrant issuing judge was biased.

If you were the victim of an unlawful search or seizure, you may be able to exclude the incriminating evidence from your case. Through California Penal Code §1538.5, it may be possible to file a motion to suppress the evidence. Speak to a well-versed criminal defense attorney who can review your case and defend your rights.
The experienced criminal defense attorneys at Milligan, Beswick, Levine & Knox, LLP, are highly regarded in the field of illegal search and seizure cases. The firm is committed to ensuring their client’s constitutional rights are upheld. Consider contacting the firm today for a free case evaluation.

According to various news sources, drugged driving is on the rise in the State of California; with nearly twice as many motorists testing positive for driving under the influence of narcotics than alcohol. Moreover, roughly a third of all deadly collisions in the state involve a motorist who has tested positive for a substance that impaired his or her ability to drive safely.
While many states have established limits on the level of THC levels found in the blood, the State of California struggles to find the right ruling. In many regions across the state, police agencies are using swab tests using the saliva of drivers who are suspected of driving under the influence of marijuana to test the levels of THC. This, however, is a relatively new practice and is also subject to error. Consequently, this method of testing suspected marijuana DUI drivers is unreliable.

There is a common misconception that driving under the influence as well as driving while impaired only refers to drivers who are drunk. In reality, any substance that is legal or illegal, which has the power to alter a person’s ability to drive safely, can result in a DUI charge. While there is much research that concludes that marijuana is not as detrimental as alcohol when driving, marijuana still has the capacity to impair a motorist’s ability to drive safely.

Under the California Vehicle Code §23152, it is unlawful for a person addicted to drugs to drive under the influence of a narcotic, such as marijuana. In order of being convicted of a DUI charge in California, the prosecution will need to show that the defendant has recently consumed marijuana and that this prevented him or her from driving in a reasonably safe manner, the same way a sober individual would drive. There are several issues when attempting to prove this, however. For instance, unlike alcohol, there is no exact amount of THC or marijuana in the system that can establish a person’s ability to drive safely. As a result of this, most police departments will rely on the following to make an arrest:

• Incoherent speech,
  
• Incoherent statements made to the arresting officer,
• Bloodshot or red eyes,
• Failed field sobriety tests,
• Driving erratically,
• The smell of marijuana in the vehicle or on the person,
• Dilated pupils,
• Possession of marijuana paraphernalia, and/or
• Impaired reaction

If you have been arrested or are being charged with driving under the influence of THC or marijuana, it is critical to seek legal representation as soon as possible. The penalties that are associated with a marijuana DUI conviction can be serious, and these can tarnish your reputation for many years to come. Following a marijuana DUI arrest, consult the representation of a skilled criminal defense attorney promptly in order to undermine the consequences associated with the charges.
The criminal defense attorneys at Schwartzberg & Luther, APC are well-versed in the field of marijuana DUI defense cases. The firm has an established reputation for aggressively defending the rights of their clients. Consult the firm today for more information.

The penalties for driving under the influence (DUI) or driving while intoxicated (DWI) can include loss of job if it involves driving a vehicle. Apart from that, a person convicted of drunk driving can face steep penalties and jail time.

Here are four critical DUI/DWI defense action tips for people who have been convicted of a drunk driving offense in California.

The reality is that the results of Breathalyzers are not always reliable. You can make a claim that the results were wrong. Studies have claimed that sobriety tests are not as ironclad as they seem. Sometimes, they give false readings especially when it concerns female drivers.

Women absorb alcohol differently than men. Even a few drinks can result in a high alcohol reading for women, particularly when they drink on an empty stomach. So, your first step to getting your conviction reduced is to challenge the results of the sobriety test.

Another defense that you can make to reduce or remove a DUI conviction is to allege that the test was improperly administered. A conviction can be ruled out if it was found that the sobriety test was improperly administered, lacked certification, or was calibrated improperly. Your attorney can guide you in determining whether the test was properly administered by the officer.

Taking accelerated rehabilitation programs is another tactic to get your conviction reduced. These programs allow a DUI convict to have the conviction expunged or removed. The programs involve taking classes about the dangers of impaired driving and safety measures while on the roads. You can get in the court's good books by requesting the programs. They show that you have the intention to learn from your mistakes and change your behavior

Lastly, you should contact a reputable defense lawyer for your case. An experienced DUI attorney will help you in challenging the tests and collecting solid evidence in your case. The lawyer will inform you about the possible actions that can result in a lenient assessment of your case.

Keep in mind that you have to act first to appeal a DUI conviction. If you reside in any of the cities in Inland Empire in California, you can contact Inland Empire DUI attorneys. Our team of professional attorneys will provide you with the best representation for your case.

Refusing a Breathalyzer test during a pullover may seem to many, a legal right. The Fourth Amendment to the US constitution does guarantee protection against unreasonable searches and seizures. However, the federal government treats Breathalyzer or sobriety tests as an exception.

You should understand the legal consequences of refusing a Breathalyzer test. Here, we will explain the legal context of sobriety tests in California.

Refusing a Breathalyzer test in California is considered an offense. In California, the 'implied consent laws' state that a person who drives a vehicle has given implied consent to sobriety tests. Driving is considered a privilege, and not a right. The state can revoke this right at any time if you are considered a risk to others while you’re on the road.

If an officer arrests you and there is a probable cause to believe that you have been driving under the influence of alcohol, you automatically consent to a sobriety test according to the implied consent laws in California. The sobriety test can be a Breathalyzer test, a blood test, or a urine test. You are required to take a urine test if breath or blood test is not available.

By receiving a driving license in California, you implicitly comply with a preliminary sobriety test. The officer may tell you that you could refuse the test. But this can result in penalties. If you refuse a test, it implies that you were driving while being over the legal blood alcohol limit.

In addition, the 5th Amendment does give you the right not to incriminate yourself by being forced to talk to the police or give a testimony, the right does not extend to drunk driving cases. You are not permitted to refuse a sobriety test since this does not incriminate you of guilt. The results of the test will determine whether you are guilty of an offense.

Remember that refusing to take a test does not guarantee that the officer can't arrest you. If the officer has a reason to believe that you were driving while intoxicated, and you refuse to take the test, the officer can arrest you. So, it's better that you submit to the test to avoid any legal trouble. Refusing to take the test can result in additional charges even if you later provide a sample.

For more information about drunk driving laws in California, you should contact an experienced DUI attorney. If you were arrested in Redlands for DUI or anywhere in the Inland Empire, our listed attorneys can provide you expert counsel regarding drunk driving. You can contact us today for a free, no-obligation initial interview. We have a successful track record of handling all types of DUI cases in California.

Your driving license can suspended in case of a DUI offense in California. The length of time that it will remain suspended depends on the different factors. Generally, the license can be suspended for up to a month in case of a first offense. Subsequent convictions can result in suspension of the license for more than a year.

Not having a license can result in difficulties in commenting to work or dropping kids to schools. The good news is that there are certain circumstances in which you can apply for early reinstatement of the driving license, which we will discuss in this article.

DUI course is a classroom-based course that should be taken in case of a DUI offense. The course lasts for a definite period generally lasting anywhere from three months to 30 months. This depends on the severity of the offense in the eyes of the law.

An experienced DUI lawyer can convince the court to let you take the course for the lower duration. The DUI attorney can even convince the court to reduce the charge to a 'wet reckless' that requires only 12-hours of DUI remedial course. In this way, you can get the driving license reinstated early after convicted of an offense.

Installing the breathalyzer ignition interlock device is required in certain cases. Generally, individuals who fail to take the DUI test or who have been found to be driving under the influence of illegal drugs are required to install the device. Installing the device can help in the early reinstatement of the driving license.

Every vehicle in the US is required to have an insurance. However, you need a special type of insurance in case convicted of a DUI offense. Once you have got the insurance, you need to obtain form SR-22 from the insurance company. To get the insurance, you need to deposit at least $20,000 as a surety. The amount is set by the court and can be higher in case driving under the influence resulted in an injury or death.

Obtaining the help of an experienced DUI attorney can help in the early reinstatement of the driving license. The DUI lawyer can convince the court that reinstating the driving license will not pose a risk to the public safety. An experienced attorney can show to the court the difficulties faced by the person in commuting.

In conclusion, losing a license due to a DUI offense can lead to serious problems. If your driving license has been suspended due to a DUI offense, you should contact experienced Rancho Cucamonga DUI attorney at for early reinstatement of the license. We have been providing qualified legal advice in the state of California with high rates of success. 

The state governing body has set blood alcohol limits (BAL) for a DUI offense. Persons who exceed the limits have to face the music in the court. The thresholds are based on the age of the individual. The limit is lower for younger individuals as they tend to drive more recklessly when drunk. Moreover, individuals who are on probation and commercial vehicle drivers have a low alcohol limit.

• The following is the BAL threshold for drivers in California.
• 0.08 percent for individuals above 21 years
• 0.04 for individuals who have a commercial driving license (CDL)
• 0.01 percent for individuals under 21 years
• 0.01 percent for persons on probation for a DUI offense

DUI laws in California also apply to driving under the influence of illegal drugs. Also, individuals who have taken excessive amounts of drugs like cough syrup can be convicted even if their blood alcohol limit is below the BAL threshold.

Individuals can face fine and jail time due to a DUI conviction. Also, their driving license can be suspended for a certain time or indefinitely in case of a serious offense. The exact penalties for individuals convicted of a DUI offense differ and depends on different factors such as blood alcohol levels, age, previous convictions, and license type.

The penalties are particularly severe in case someone is injured or dies due to driving under the influence. Other cases that can result in harsher penalties due to drunk driving include the following:

• Blood alcohol level greater than 0.15 percent in most counties
  
• Not agreeing to take a blood alcohol test
  
• Driving at high speeds
  
• Under the age of 21
  
• Causing damage to public property
  
• Driving under the influence with a child under the age of 14 in the car  
  

Of the above, the last one can result in an additional charge of child endangerment according to penal code 273a. This can result in enhanced penalties including increased jail term and fine.

California laws are strict when it comes to driving under the influence. While you can’t get away from the consequences of drunk driving, you can increase the odds of a less severe penalty by hiring a DUI attorney. An experienced DUI attorney will look at all the evidence to find out how to get a less severe verdict for the offense.
Contact one of our DUI lawyers serving San Bernardino & Riverside for professional advice regarding DUI cases in California. Our attorneys have been providing qualified, expert legal advice to residents in the state for decades.

The Adult Use of Marijuana Act does allow a person to carry marijuana in the car. However, another law introduced a year later, in 2017, makes it an infraction to smoke or ingest marijuana while driving or even riding as a passenger.
Drivers or passengers who are found to be smoking in the vehicle while driving a motor vehicle shall be punished as an infraction.

An infraction is the violation of an ordinance, administrative regulation, a municipal code, or a state rule. Also known as a petty offense, infractions are not punishable by incarcerations. They are treated as civil offenses that carry minor punishment.

However, when it comes to violation of driving laws, the minor punishment can carry grave consequences. While you may not be sent to a prison for smoking cannabis while driving a car, your driving license may be suspended. This can cause serious difficulties in commuting to work or school.

In addition, you will have to pay a fine that can range from $70 to $10,000. The fine will be higher if involved in a car accident that results in injuries.

A police officer can arrest you if you are found to be driving while intoxicated - whether with alcohol or marijuana. But are there roadside sobriety tests for marijuana?

The answer is no... Sort of – Not at least until the feds determine what is the measurable amount of THC concentration that can result in impaired driving. THC is an abbreviation of Tetrahydrocannabinol that is the psychoactive component of marijuana. However there are standardized marijuana roadside tests being evaluated currently, and mouth swab tests that are currently being used. This is an area of law still under development and you should consult one of our listed attorneys to discuss your current matter.

Unlike with alcohol and the well-known 0.08 limit, the state authorities have not yet defined a legal limit for THC above which a driver is said to be intoxicated. Having said that, there are tests such as Drug Influence Evaluation (DIE) where the officer looks at signs of physiological impairment such as red eyes, pupil size, and blood pressure. The officer can arrest you for substance intoxication that can result in penalties including driving license suspension.

If you were arrested in Rancho Cucamonga for DUI, or anywhere else in San Bernardino or Riverside Counties, contact us today to discuss the specific circumstances of your arrest and potential defenses.