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Visalia Criminal Defense Law Blog

Consequences of refusing a breath test

Being stopped for suspicion of driving under the influence (DUI) by a police officer in Visalia, California, is a stressful situation. There's so much riding on the traffic stop that can hurt your chances of remaining free. You will want to answer all of the questions from the officer honestly. You also might want to refrain from refusing a breath test during the traffic stop because of the following consequences.

If you choose to refuse a breath test during a traffic stop, you could face immediate jail time and even have your driver's license suspended. These consequences could be levied against you even if it is determined that you were not under the influence at the time of the traffic stop.

The RICO Act gives prosecutors the ability to fight many crimes

In 1978, Congress passed the Racketeer Influenced and Corrupt Organizations Act (RICO) to help prosecutors battle organized crime. California has a similar law on its books, as well.

Before RICO took effect, prosecutors didn't have laws on their side to fight organized crime, known as "rackets." Prosecutors frequently could get convictions of only lower-ranking members of the rackets since they only carried out the orders of someone above them - the ones committing the actual crimes.

How to stop yourself from driving drunk

When you're under the influence of alcohol, it's easy to believe you can safely get behind the wheel of your car. Not only is this a bad idea from a safety perspective, but doing so can also land you in serious legal trouble.

There are many simple steps you can take to stop yourself from driving drunk:

  • Choose a designated driver early in the night: Don't look for a ride after you're drunk. Instead, work this out with a friend or family member before your fun begins.
  • Pay for a ride home: It's inconvenient to leave your car where you are, but paying for a ride home is a safer option. You can call a traditional cab, Uber or Lyft. Regardless of your choice, you're safer when you're not driving.
  • Take a minute to think: Alcohol impairs your judgment, which often results in rash decisions. Rather than think things through, you grab your keys, jump in the driver's seat and hit the road. If you simply give yourself a few minutes to consider what you're doing, you're likely to realize that driving at this time is a poor decision.

What can I do when my teen was busted for pills?

Parents often have no idea that their teenagers have a problem with prescription drugs until their child gets arrested trying to buy or sell the pills. While it will naturally be quite a shock, it's fairly common for young adults and teens to experiment with pills.

In fact, a national survey done in 2017 known as the "Monitoring the Future" study revealed -- among other things -- that over 5 percent of surveyed high school seniors used the stimulant Adderall for nonmedical purposes in the prior year.

Is meth making a comeback here in California?

In the 1990s, it seemed like a meth bust was featured nearly every night on the evening news. But, then you stopped hearing so much about methamphetamine because all the media outlets began focusing on the heroin problem.

To some extent, the opioid epidemic that has taken over the United States diverted media attention away from the methamphetamine problem here in our country. In reality, California has a long history with methamphetamine production dating back to the early 1970s.

How long do I have to install an ignition interlock device for?

If you are convicted of driving under the influence (DUI) by a jury in Visalia or other parts of Tulare County, then you won't just have your license suspended. You'll also be required to install an ignition interlock device (IID) on the cars that you operate and own.

The length of time that you'll have your license suspended for or an IID installed on your vehicle for varies depending on how many DUI convictions you have and whether they're misdemeanor or felony offenses.

Understanding the Controlled Substances Act (CSA)

For many years, the United States has been seeking ways to cut back on the use of addictive drugs. While there's no way to completely do this, the Controlled Substances Act (CSA) goes a long way in helping everyone better understand what is legal and illegal in regard to drug use.

This federal drug policy has been in place since 1970 and is designed to regulate the manufacturing and distribution of all types of controlled substances. Furthermore, it categorizes drugs into five classifications.

  • Schedule 1: These are the most harmful substances with examples including LSD, heroin and ecstasy.
  • Schedule 2: Examples include morphine and cocaine.
  • Schedule 3: Examples include Vicodin and all forms of anabolic steroids.
  • Schedule 4: Examples include Valium, Xanax, and Ambien.
  • Schedule 5: Examples include cough suppressants and other drugs that have medical benefits.

Do these things to prevent drunk driving during the holidays

There is no better time of the year than the holiday season. From good times with friends and family to the incredible food and heartfelt gifts, there's always something to put a smile on your face.

Adding to this, many people enjoy having a few drinks during the holidays. While there's nothing wrong with this, it's a big mistake to drink and drive. Not only does this increase the risk of an accident, but it could land you in hot legal water.

A alleged drunk driver is arrested for causing 5 Visalia crashes

A spokesperson for the Visalia Police Department reports that a 72-year-old area resident apparently decided to drive around striking people with his car on Halloween night. He fled the crash scene each and every time. Once he was tracked down, police determined that he was likely drunk at the time he caused the collisions.

The first incident occurred just before 7 p.m. on Oct. 31. A concerned motorist reported having seen the driver of Chevrolet Silverado crash into a mailbox along the 1700 block of South Garden Street. The motorist apparently didn't get out of his truck to survey the damage, but instead, kept driving.

Tulare county deputies seize 150 pounds of marijuana

During the month of October, law enforcement agencies throughout Tulare County have stepped up their efforts to round up those accused of domestic violence. On Oct. 17 alone, officers from multiple agencies set out to canvass neighborhoods across the county. Law enforcement hoped to serve 291 warrants for arrest that day. By the end of the day, they'd arrested 18 individuals.

A Tulare County Sheriff's Department spokesperson noted 12 of those arrested during this 16th National Family Violence Apprehension Detail were wanted on domestic violence charges. Three were wanted on either drug or drunk driving charges. At least two of those arrested on domestic violence charges were women.

Contact The Law Offices of Derek P. Wisehart

Law Offices of Derek P. Wisehart
2330 W. Main St.
Visalia, CA 93291

Toll Free: 800-742-6392
Phone: 559-429-5630
Fax: 559-636-9476
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