However, the reasons you were driving on an alleged suspended or revoked license will be taken into consideration by the court. If your driver’s license was suspended due to failure to show up for a court date, or because you didn’t pay a court fine, it is not deemed as serious as if you were driving on a revoked license due to a prior DUI offense, negligent driving or were found in contempt of the law.

Driving on a suspended or revoked license is a serious situation and legal representation is a necessity. Fortunately, there are a few allowable exceptions in California that constitute a defense to driving on a revoked or suspended license.

One is lack of awareness. If you can prove that you did not know that your license was suspended then you have a legitimate reason. Perhaps the notice was sent to an old address, or the state can’t prove they sent it at all. Lack of notice is often a very useful defense in license suspension cases.

Another defense is that you were not driving. Just to be sitting in the driver’s seat of a car that is not moving, is not proof. Also, the license suspension must be active. Even though it is the motorist’s responsibility to go to the Department of Motor Vehicles, with proof of insurance, to restore driving privileges once a license suspension is over, a fine is paid, or the court order is satisfied, it still may be a legal defense.

It is up to the state of California to prove three things before they can convict you of driving on a suspended or revoked license:

1. That you indeed were driving, and

2. That it was a legitimate suspension or revocation, and

3. That you KNEW about the suspension or revocation.

If the prosecution cannot prove one of the above, the case is won by the defense. In addition, we often make use of  additional creative strategies. In the end, most cases are resolved through negotiation with the prosecution for a deal that avoids jail time and minimizes penalties.

However, punishment for possession of MDMA with intent to sell has a punishment that includes a state prison term of 16 months, or two years, or three years. For intent to sell, drug diversion is not an option.

But there is good news: MDMA cases are actually rather complicated for the prosecution to prove. That is because Ecstasy is not explicitly an illegal “scheduled substance” in California. Prosecutors charge MDMA cases as a  ”controlled substance analog.” If the prosecutor can establish the ”controlled substance analog,” then they can proceed as if the MDMA is a Schedule I controlled substance under California law. But if they can’t, they don’t have a case against you.

If you are arrested for possessing Ecstasy, the situation is far from hopeless. Besides the typical legal protections, some creative defense strategies are available. For example, in the case of People v. Richie Quang Le an appellate attorney successfully argued that there was no evidence that Ecstasy, or MDMA, is a controlled substance, a controlled substance analog, or that it contained amphetamine or methamphetamine. Due to the lack of evidence that MDMA is a controlled substance, the appellate court ordered that the original conviction be reversed.

If that doesn’t work, there’s always the old standby “those drugs aren’t mine!“

There are actually three different legal limits for blood alcohol level:

• 0.08% (Driver over 21 without prior DUI arrest)
• 0.04% (Commercial Driver)
• 0.01% (Drivers under 21 years of age and drivers on probation for DUI)

There are over 200,000 DUI arrests in California annually.

97% of DUIs in California are charged as misdemeanors, while 3% of DUIs in California are charged as felonies.

Males comprise approximately 80% of all California DUI arrests. However, the proportion of females convicted of DUI in California has risen consistently every year since 1989.

The average age of a California DUI offender is 30 years old.

The highest percentage of drivers that test positive for blood alcohol levels of .08 or higher is drivers aged 21 to 24 (35%).

The average BAC level of a convicted California DUI offender is approximately 0.16%.

The fine alone for a first time California DUI conviction is $1,500 to $2,000. The fines for a second California DUI conviction can cost as much as $2,800.

Source: California Department of Alcohol and Drug Programs

"Any chance you can let me off with a warning?"

If you get pulled over by a police officer and he writes you a ticket under the California Vehicle Code for a moving violation, you are at risk of having  one or more points on your driving record. If your get four points in one year, six points in two years, or 8 points in three years, you will likely have your license suspended for being a negligent operator.

Even worse, insurance companies just love it when you get tickets. It’s a great reason to increase your premiums. And the riskier you become to them as a driver, the higher your insurance rates will go.

Here are a few examples of tickets that a California driver might receive, and how many points they would face:

By contrast, a non-point violation doesn’t result in a point on your driving record. (Duh.) A skilled California traffic attorney can often work with the prosecutor and/or police officer to get the ticket amended to a non-moving, non-point infraction. This is an excellent outcome, because pleading to a non-point violation will help keep your insurance rates low, and keep you on the road. Reducing point violation tickets to non-point violations can also save you time and money as it means that you can skip traffic school and move forward with your life.

This is no time for blabbing

If the police want to question you, they are not your friends. There are certainly times when the presence of police can be invaluable, such as when someone tries to harm you or a loved one. However, when the police want to ask you questions, they are adversaries.

Instinctively, many people try to please authority figures when under stress. They believe that if they seem cooperative, the police may “take it easy on them,” or “cut them a break.” This is extremely unlikely. Instead, they are likely to later use your words to bury you. They want to talk to you because they are looking to gain the information necessary to arrest you.

The police and investigators are very good at getting suspects to make damaging statements, or even confess. Evidence is great, but nothing beats a confession. If police smell weakness, they may come across as more friendly–or alternatively, they may turn up the heat and become more aggressive. These guys are professionals, and given enough time, they will get you to say something that you will regret–something that will make your future lawyer smack her forehead.

Of course it’s easy now to say that you will remain silent. Doing it in the real world is quite a bit more difficult. You may be facing an angry, aggressive, threatening officer–armed with a gun. It is important to be prepared for this reality ahead of time, and to make sure that you don’t give in under the pressure. Remember: you wish to remain silent, and you want an attorney. Say that and say no more.

Clients sometimes ask me it will make them look guilty if they refuse to answer questions, or assert their right to an attorney. The answer is no. While it is a crime to lie to the police, you have a right under the US Constitution to remain silent. You can’t even be criticized for making the decision not to talk. In fact, if the case goes to trial, the jury won’t even hear about your choice to remain silent. Police cannot testify you that you refused sobriety tests, refused to answer their questions, or asserted your right to counsel.

You’ve been given these rights for your own protection. These rights belong to you. Protect yourself, stay strong and don’t give them away.

"We just want to ask you a few questions..."

Let’s be clear about something. When a police officer, detective or other investigator wants to ask you questions, they are not your friend. They are not there to merely gather the facts. You are a suspect. The point of the police interview is to acquire evidence against you, which may be used in your eventual prosecution.

You don’t have to participate in a police interview. And certainly not alone. In almost all situations, you should not speak with the police. You are under no obligation to speak with them.

Never consent to a police interview or other investigation without first consulting with an attorney. In a police interview, there is no requirement that they tell the truth, and the even the innocent can be led into misstatements through aggressive interrogation tactics. Investigators are trained to break you down and get you to say something you will regret.

The founders of our country knew that speaking to the police without an attorney was such a risk, they specifically included the right to remain silent and the right to counsel in the Fifth and Sixth Amendments to the US Constitution.

Why do you suppose the founders of the country found it necessary to include these specific protections? Because they knew that it simply is not a fair fight for a suspect to answer questions without someone well versed in the law at their side. Once you’ve hired an attorney, he will likely tell investigators that you are more than happy to cooperate with their investigation, but that your cooperation will not include submitting to their questioning.

Any person who commits an assault upon the person of another with a deadly weapon [...] or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. (Emphasis added)

It is important to note that assault with a deadly weapon is a “wobbler”–which means that depending on the circumstances the district attorney may charge you with either a misdemeanor or a felony.

That's gonna leave a mark.

Under California’s Penal Code section 245(a)(1) a “deadly weapon” is any object, instrument, or weapon that is capable of producing and likely to produce death or great bodily injury.

Under such a broad definition, almost anything can be considered a deadly weapon if it is used in a way that could cause serious harm. A few examples that have been upheld under California law:

• Brick
• Bottle
• Chair
• Lamp
• Pencil
• Car
• Motocycle

*Fun fact courtesy of Wikipedia: In 19th century France, a closed fist was considered a deadly weapon and thus combatants would kick or strike each other with an open-palmed slap.

It is always preferable to have a clean record, though many clients seem to overestimate the weight a clean record will carry. The prosecutor is not going to drop the charges against you, just because you are an otherwise upstanding member of society with a clean record. However, a clean record will allow a skilled California defense attorney to work out a more favorable deal deal with the prosecutor.

Many criminal cases are resolved by a plea deal. Working out a deal is appealing for one major reason: certainty. Trials are live action sport, and anything can happen. When you reach a plea deal before trial, you know the outcome ahead of time. That has a lot of value. In addition, with a deal, you frequently accept a reduced charge and/or reduced criminal sentence.

For example, a criminal defendant charged with a California felony theft charge, where a conviction would require actual time in a California prison, might be offered the opportunity to plead no contest to a misdemeanor theft charge, with a promise of probation and no jail or prison time. It’s quite an appealing option–which is why so many plea deals are made.

Why do prosecutors offer plea deals? Their schedules are full, and they don’t want to take the majority of their cases to trial, especially cases with shaky evidence. Plea deals are the grease that keep the criminal justice machine running. So what’s the best way to motivate a prosecutor to make a favorable deal? Convince her that the evidence against is weak or problematic. The more unsure the district attorney feels about securing a conviction with a jury, the more willing they are to offer a plea deal.

How is your day today?

Picture it: It’s a gorgeous, bright sunny day. You’re driving down the road with the top down, singing along to your new favorite song, cool breeze in your hair, grinning ear-to-ear, without a care in the world. It’s Friday and you’re ready for the weekend. It’s Friday and you’re in love. Life is good!

All of a sudden, from out of nowhere, you see what every driver fears: those dreaded blinking red and blue lights. The sound of sirens. That’s right…you’re being pulled over for a speeding ticket. The officer appears with his black boots and shiny glasses and accuses you of “excessive speed” and gives you a ticket. You don’t think you were speeding, but you sign the ticket nonetheless. There goes your weekend…

Police officers give dozens of speeding tickets a month, and while some are justified, way too many people give up when they shouldn’t. The truth is: you can fight them! Often people believe they can fight these tickets themselves, without the help of a lawyer–technically they are right. The courts are available to anyone and everyone; but access does not equal effectiveness. The process of fighting a speeding ticket can be a very confusing and time consuming task. Some courts require two court appearances before you even get to trial!

There are deadlines, fees, discovery, and possibly a trial. Yes, you have the right to handle this process, but why do you want to? By hiring a lawyer, you can hand over your speeding ticket case to a qualified attorney, who will zealously advocate on your behalf. Beahm Law handles traffic cases throughout the greater Bay Area. We can attest first hand that experience makes a big difference.

We allow you to get back to the business of your life while we ensure that all the proper paperwork is timely filed, all deadlines are met, and we appear on your behalf in court. We can often work with the police officers and judges to ensure you get the best outcome possible. When necessary, we morph into legal ninjas and aggressively fight the traffic case at trial. We handle your case so you can get back to cruising in peace.

If you have a question about a traffic ticket, feel free to contact our office for a consultation.

Past convictions are holding back more Californians than ever. Sometimes these convictions can be 20, even 30 years old. Fortunately California has a process that allows you to have past convictions dismissed or expunged from your record. By contrast, Federal offenses are not expungeable from records, though we are working to change that (see Fresh Start Act of 2011.) At Beahm Law, we frequently help clients clear up their past records by seeking to have the conviction dismissed pursuant to Penal Code section 1203.4.

Once a California felony, misdemeanor or infraction conviction is expunged, a prospective employer may not use it against you in hiring decisions. In fact, they cannot even ask about your California expungement in an interview. Further, an employer cannot use an expunged conviction against you in promotion decisions.

It is important to know what a California expungement does and does not do. Contrary to popular belief, an expungement does not erase or destroy your record. When a criminal background check is run, it will likely still indicate the code section you were originally accused of. However, it will now show that the case against you was dismissed. In addition, a California expungement does not overturn a driver’s license suspension or revocation, allow you to own a gun if your gun rights have been revoked under Penal Code 12021, or end your duty to register as a California sex offender.

Beahm Law can normally file for an expungement or dismissal as soon as your probation has ended. In some cases, we can even request that the court terminate your probation early and allow us to file for an expungement immediately.