| July 30, 2010 |
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COMMUNICATING WITH YOUR ATTORNEY
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| Posted By The Law office of Barney B. Gibbs |
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| Questions Not to Ask a Criminal Attorney If you're arrested for a theft , driving under the influence , drug charge or other crime , it is often hard to know what questions to ask a criminal defense attorney . This is the first in a series of ... |
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| Continue reading "COMMUNICATING WITH YOUR ATTORNEY" » |
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| July 28, 2010 |
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New DUI Law - Part 3
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| Posted By The Law office of Barney B. Gibbs |
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| Criminal Law Update Driving Under the Influence -CDL Suspension/Restriction Further research regarding the recent amendment to CVC Sections 13352 , et. al. has answered some questions. It has, however, also raised more questions. It appears that ... |
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| Continue reading "New DUI Law - Part 3" » |
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| July 26, 2010 |
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New DUI Law - Part 2
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| Posted By The Law office of Barney B. Gibbs |
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| As a continuation of my previous criminal law articles concerning California Driver's License restrictions , what follows is the new California Vehicle Code Section 13352 , et.al: As of July 1, 2010, these new amendments, particularly CVC § ... |
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| Continue reading "New DUI Law - Part 2" » |
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| July 23, 2010 |
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CVC Amendments
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| Posted By The Law office of Barney B. Gibbs |
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| Amendment to California Vehicle Code Section 13352.5(a)(3) : The person completes not less than 90 days of the suspension period imposed under paragraph 3 of subsection (a) of CVC § 13352 . The 90 days may include credit for any suspension period ... |
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| Continue reading "CVC Amendments" » |
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| July 22, 2010 |
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New DUI Law
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| Posted By The Law office of Barney B. Gibbs |
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| [Effective July 1, 2010] Amendments to California Vehicle Code Sections 13352, 13352.5, 23109, 23550, 23550.5, 23552, 23566 and 23568: The ultimate purpose of these changes will result in some people being able to get their California Driver's ... |
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| Continue reading "New DUI Law" » |
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| July 09, 2010 |
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ORANGE COUNTY 4TH OF JULY DUI ARRESTS DOWN IN 2010
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| Posted By The Law office of Barney B. Gibbs |
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| According to California Highway Patrol reports, DUI arrests in Orange County over the July 4 th holiday dropped slightly from 2009. While 57 people were arrested for suspicion of drunken driving on Orange County freeways over the 2009 holiday ... |
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| Continue reading "ORANGE COUNTY 4TH OF JULY DUI ARRESTS DOWN IN 2010" » |
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| July 06, 2010 |
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NEW LAW REQUIRES INSTALLATION OF IID FOR FIRST-TIME DUI CONVICTIONS
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| Posted By The Law office of Barney B. Gibbs |
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| Effective July 1, 2010, a new California law applicable in four counties requires those convicted of driving under the influence to install a breathing tube and ignition interlock device on their vehicles. The installation of this device, which ... |
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| Continue reading "NEW LAW REQUIRES INSTALLATION OF IID FOR FIRST-TIME DUI CONVICTIONS " » |
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| June 29, 2010 |
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DUI CASE DISMISSED AFTER VIDEO REVEALS OFFICER FABRICATED PROBABLE CAUSE
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| Posted By The Law office of Barney B. Gibbs |
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| Charges of drunken driving were dropped against a 54-year-old Dana Point woman after it was determined she was " not lawfully arrested ." According to the Newport Beach officer's report, the woman was stopped in March 2009 for having a broken rear ... |
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| Continue reading "DUI CASE DISMISSED AFTER VIDEO REVEALS OFFICER FABRICATED PROBABLE CAUSE " » |
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| June 07, 2010 |
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SUPREME COURT NARROWS MIRANDA PROTECTION
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| Posted By The Law office of Barney B. Gibbs |
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| In a recent decision, the United States Supreme Court ruled a suspect's words can be used against him if he fails to "clearly tell the police that he does not want to talk." The case in question involved a male suspect arrested in connection with a ... |
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| Continue reading "SUPREME COURT NARROWS MIRANDA PROTECTION" » |
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| May 17, 2010 |
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PROBABLE CAUSE & DUI STOPS
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| Posted By The Law office of Barney B. Gibbs |
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| POSSIBLE WAYS TO BE STOPPED FOR DRUNK DRIVING OR DRIVING UNDER THE INFLUENCE : While everyone is familiar with the typical probable cause (s) for a DUI stop (i.e., weaving ), CVC 23111 provides that "no person or no pedestrian shall throw or ... |
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| Continue reading "PROBABLE CAUSE & DUI STOPS" » |
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| April 30, 2010 |
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BUENA PARK CURFEW SWEEP LEADS TO 10 ARRESTS
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| Posted By The Law office of Barney B. Gibbs |
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| A sweep operation, targeting juveniles in violation of curfew laws , was conducted overnight in the city of Buena Park . Of the 15 minors , ranging in age from 9 to 17, contacted during last night's sweep, 10 were arrested. Of those 10, two were ... |
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| Continue reading "BUENA PARK CURFEW SWEEP LEADS TO 10 ARRESTS" » |
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| April 29, 2010 |
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OC ATTORNEY OFFERS REWARD FOR HIT AND RUNS
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| Posted By The Law office of Barney B. Gibbs |
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| In an effort to discourage individuals from fleeing the scene of an accident , a Newport Beach personal injury law firm has offered rewards of up to $1000 for information leading to the arrest and conviction of hit-and-run drivers . According to ... |
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| Continue reading "OC ATTORNEY OFFERS REWARD FOR HIT AND RUNS" » |
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| April 23, 2010 |
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PROSECUTORS MUST DISCLOSE THE CRIMINAL HISTORY OF A GOVERNMENT WITNESS
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| Posted By The Law office of Barney B. Gibbs |
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| In 2009, the U.S. Court of Appeals upheld long-established due process principles requiring prosecutors to disclose to the defense any information in the government's possession beneficial to the defendant, including any evidence which may impeach a ... |
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| Continue reading "PROSECUTORS MUST DISCLOSE THE CRIMINAL HISTORY OF A GOVERNMENT WITNESS " » |
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| April 20, 2010 |
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ATTEMPT TO EXERCISE 4TH AMENDMENT RIGHTS DOES NOT CREATE JUSTIFICATION FOR PAT-DOWN SEARCH
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| Posted By The Law office of Barney B. Gibbs |
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| In a 1999 decision, a California appellate court ruled that a detainee's refusal to consent to a pat-down search does not constitute the reasonable suspicion needed to justify such a search. The case involved a juvenile detained by an officer for ... |
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| Continue reading "ATTEMPT TO EXERCISE 4TH AMENDMENT RIGHTS DOES NOT CREATE JUSTIFICATION FOR PAT-DOWN SEARCH" » |
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| April 16, 2010 |
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9TH CIRCUIT RULES EXIGENT CIRCUMSTANCE EXCEPTION DOES NOT APPLY TO WARRANTLESS ENTRY IN DUI ARREST
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| Posted By The Law office of Barney B. Gibbs |
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| Calling a contrary California Supreme Court ruling in a prior case "wrong", the 9 TH Circuit Court held in 2009 that warrantless entry into a home for the purpose of executing a misdemeanor DUI arrest is not justified under the Emergency/Exigent ... |
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| Continue reading "9TH CIRCUIT RULES EXIGENT CIRCUMSTANCE EXCEPTION DOES NOT APPLY TO WARRANTLESS ENTRY IN DUI ARREST " » |
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