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Archives - November 2009

25
Nov

CALIFORNIA DUI: HOW TO AVOID A DUI ARREST THIS THANKSGIVING

It’s starting now. Police agencies all over San Diego are setting up roadblocks, and putting officers on overtime, to make as many DUI arrests as possible. Hopefully, the tips below will come in handy for you over this Thanksgiving holiday. Here’s my take on “how to Avoid a DUI” in California. 1. If you drive …

25
Nov

CALIFORNIA CRIMINAL LAW: SLEAZY POLICE TACTICS TO GET CONFESSIONS ARE JUST FINE

The officer arrested the defendant and placed him in the police car. The officer advised the def. of his Miranda rights but did not seek or obtain a waiver of those rights. The officer then walked away for 5 to 10 minutes. The officer then returned and got admissions, again without a waiver. The officer …

25
Nov

PENAL CODE SECTION 654 AND GANG ENHANCEMENTS

The defendant was convicted of robbery, with a gang enhancement, and the substantive crime of being a member of a gang. He got concurrent time for the membership count. But Penal Code sec. 654 bars multiple sentences for a single act. This California Court of Appeal rules that being a member of a gang isn’t …

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