While it may seem like a minor offense to some, in California driving with a suspended or revoked license can lead to some hefty fines and even jail time. This particular part of the state’s vehicle code even has a classification of its own: wobbler.

What does this mean? Basically, a wobbler offense means the end result of being convicted wobbles between an infraction or a misdemeanor, and the latter comes with a criminal record.

Having a skilled attorney by your side if you’re ever in this situation can be a game changer, as there are many circumstances in which jail time or fines can be avoided. It’s a matter of knowing how this particular offense is handled.

Understanding the legal definition

First, it’s helpful to have a handle on what this part of the vehicle code even means. There are basically four different ways you can be found driving without a license:

• Never obtaining one
• Not being old enough to drive
• Not renewing your license
• Living in California, while driving with an out-of-state but not getting a state license

One important note: You aren’t considered in violation of this code if you’re simply not carrying your license. You can be charged with a different offense, though, and you may face a fine of up to $250 if found guilty of driving without a license in your possession. So, it’s always a good idea to carry it around at all times.

What are the penalties?

If you are charged with an infraction for driving without a license, the fines are usually no larger than $250. It’s when it ventures into misdemeanor territory that the penalties are greater. It may include the following:

• Probation for up to 3 years
• Fines of up to $1000
• A county jail sentence of up to six months
• Vehicle impoundment for 30 days, if you have a prior driving-related conviction record

Your legal offense is tied to your driving history. If it’s a first offense, it’s usually a fine. Repeated offenders, though, will likely get hit with a misdemeanor.

What to expect in court

The burden of proof once you hit the court system is also different than in many other cases — it’s much heavier for the defendant. In this case, the prosecution only needs to show that the driver was without a license at the time of the offense. This means the defendant has the burden of proof to show they had a valid license.

This one is strange in another way: it’s outdated. With most records in the electronic realm now, you would think it wouldn’t be as large of a concern. The reality is the law hasn’t been changed by the state legislature, so it stands as it is.

This is when having an experienced lawyer comes in handy. Making sure you have someone on your side to interact with police and prosecutors can help with dismissal or a reduction in the sentence.

One of the biggest fallacies we hear from clients regarding cannabis-related DUI charges (driving under the influence) is the notion that a failed field sobriety test is a valid indicator of intoxication. The truth is, science can’t prove that such assessments are valid nor that the results are reliable. In fact, studies have shown that there’s such a mixed bag of results related to validity that researchers are at odds with it, meaning the threshold of proof cannot generally be met through these means alone. Can it get you arrested? Yes. Does it mean you will be convicted? No.

SFSTs explained

If an officer suspects that a driver is under the influence, a typical method for determining probable cause for arrest is the National Highway Traffic Safety Administration (NHTSA)-approved Standardized Field Sobriety Test, or SFST. The three-part test focuses on assessing reflexes and coordination. It consists of 1) standing on one leg, 2) walking and turning, and 3) evaluation of horizontal gaze nystagmus (HGN), which is the ability to follow an object with the eyes, along with possible abnormal dilation of the pupils. [PRO TIP: If an officer does any type of assessment that deviates from the NHTSA standards, those results and the administration alone can be argued as unreliable if it goes to court.]

While these standards and practices are used on a regular basis related to alcohol, there is dispute as to the validity and reliability when the alleged intoxication is related to cannabis. In fact, there is legal precedent and research indicating SFSTs and FSTs (non standard) cannot and do not accurately or appropriately measure a cannabis-intoxication level, and therefore, have no place in serving as probable cause for arrest.

Legal precedent and lack of validity

In 2017, the Massachusetts Supreme Judicial Court, stated it saw no clear scientific, data-driven consensus as to whether or not FSTs are a reliable indicator of cannabis-related impairment. It determined that even if a Massachusetts officer performs FSTs, the officer is limited in how they can discuss the results in their testimony. They can indicate they performed an assessment, but they can’t state an opinion about what they saw.

Proponents of marijuana law reform are working to make the case that cannabis is different in the way it impacts the body’s psychomotor performance from other drugs, both legal and illegal. They point to research that shows “the risk of accident associated with cannabis-exposed drivers is lower than that of those exposed to other licit and illicit substances…” The study concludes that the influence of cannabis is “relatively subtle and short-lived” and that the “impact on psychomotor performance differs significantly from that of alcohol.” (AAA, An Evaluation of Data from Drivers Arrested for Driving Under the Influence in Relation to Per Se Limits for Cannabis, 2016)

Also of importance is the perspective on drug testing for the presence of possible intoxicants — namely THC or its metabolites. In a 2019 presentation at the 4th annual Marijuana Law Conference, the deputy director for the National Organization for the Reform of Marijuana Laws, or NORML, presented studies supporting the opinion that the effects of inhaled cannabis on psychomotor skills are “typically subtle,” resulting in “modest impairment,” and concluding that “the effects…on higher-level driving are minimal.” He opined that there’s no way to really know through testing using “per se thresholds” the recency of exposure to cannabis nor psychomotor impairment. (Armentano. 2015. Are THC concentrations appropriate for presuming psychomotor impairment? In. Tiftickjian. Medicolegal Aspects of Marijuana: Colorado Edition. Tucson: Lawyers & Judges Publishing Company.)

The NHTSA itself notes in its Drugs and Human Performance Facts Sheets that it is “…currently impossible to predict specific effects [of THC] based on metabolite concentrations.” A 2011 study also indicates that unlike drugs of other types, “[p]atients who take cannabinoids at a constant dosage over an extensive period of time often develop tolerance to the impairment of psychomotor performance, so that they can drive vehicles safely (e117).

Don’t go it alone

This is just the tip of the iceberg on the subject of cannabis and impairment. Just because you are given a sobriety test for any type of intoxication doesn’t mean you will be convicted of a crime. But you have to be willing to accept that you don’t know what you don’t know, and when it comes to the law you want the best in your corner. We know what matters in a courtroom, we know what doesn’t, and we know how to build a solid case to support you. You do NOT want to try to navigate a DUI arrest of any type without an experienced attorney in your corner. We are here for you: 1-800-NoCuffs.

We know what your mind is likely going through when you see those flashing red-and-blue lights in your rearview mirror. It’s the same thing that likely goes through many people’s minds in that situation: what did I do to get pulled over?

Whether or not you feel as if you are genuinely driving impaired or if you have had zero to drink – and are being pulled over anyway – the nervousness and anxiety that may happen at any traffic stop is as understandable as it is nerve-racking.

There’s some practical advice to remember when you are being pulled over for a DUI, and knowing what was said to you as well as the circumstances of the traffic stop can go a long way to help you if you are arrested.

Document it all

It’s important to remember that while it may feel like slow-motion in your head, the actual process of a DUI arrest can happen very quickly. The entire flow of it – the stop itself, the field sobriety test, the arrest, the release from custody – can be mere hours. This is why it’s vital that you document as much as you can during the process.

Putting down your memories of the arrest in some way as soon as you can – maybe even via notes on your phone – will be helpful as you navigate the court system with your attorney.

There are seven key elements of the DUI to document, and most involve the interactions with the police officer who is involved. Here are those seven elements to remember:

• What happened when you were pulled over,
• What the police officer said to you,
• What the police officer said about field sobriety tests, and how they were conducted,
• What the police officer said about a preliminary alcohol screening test (breathalyzer),
• What happened during the arrest, and transportation to the police station,
• What the police officer said about providing a chemical breath test
• How the officer conducted the chemical breath test.

Why this is important to you

Writing down your recollections around parts of the arrest process, can provide your attorney with facts to support defenses in either the criminal DUI case in court or at your hearing with the DMV for your license.

If the police officer who conducted the DUI stop made a mistake in some way during those seven points of that traffic stop, or if he or she took some shortcuts, it’s possible that your rights have been violated in some way. If that is the case, the evidence collected would not be admissible and your case could be dismissed.

There are many ways that we can help you defend not only against a DUI charge, but other criminal charges, and we can also help you navigate the system if you already have a DUI conviction if that takes place. Learn more at NoCuffs.com, or call us at 1-800-NoCuffs.

Imagine this scenario—as a teenager, you were in the wrong place at the wrong time and ended up in trouble with the law related to possession of alcohol as a minor. You took the steps to have your records sealed and moved on with your life, assuming that no one would ever be privy to that information.

Your assumption is correct in one sense but not the other. While it is true that a standard background check for employment or college application won’t yield convictions that have been sealed, there are other situations where they can be “unsealed.”

Do not confuse records being sealed with being expunged—a whole other process. It’s important to understand the differences so you can pursue the course that helps you achieve your goals.

Sealing of juvenile records

In general, you can begin the process of having your records sealed once you are:

• 18 years old
• It has been five years since the case was closed, or
• It has been five years since your last contact with probation and you are deemed rehabilitated by a judge.

You’ll need to contact your county to request the necessary forms. You must list each instance you want sealed. If all of your records are in the same county, it typically takes about 90 days to complete. If you have records in more than one county, it can take up to 180 days. In some instances, the request itself is sufficient for approval. In other cases, you may need to participate in a hearing. The courts will notify you if this is the case.

There are three instances that typically lead to denial of a request to seal juvenile records:

• You are convicted of a serious offense (listed in Welfare and Institutions Code 707b) above the age of 14,
• The record is for an adult conviction in a criminal case,
• You are convicted as an adult for an offense of moral turpitude (these crimes involve sex or drugs, if they are violent, or in some way run afoul moral standards).

Earlier we mentioned that there are some times when a sealed record can be “unsealed” and the information is available to the requestor for a specific purpose. These include:

• Insurance companies: Car insurance companies can view any records you had with the DMV
• Federal institutions: The federal government can access your sealed records for military enlistment or security clearance positions
• The court system: The courts may view your sealed records in the event that you are a witness in a defamation case, or to decide if you are qualified for extended foster care after age 18
• Prosecution: Prosecutors can look into your records to see if you can be entered into a deferred entry of judgment program.

You can always request your own records to be unsealed at any time.

Expungement

In California, expunged records are not removed in the sense that they just disappear. Instead, your records are updated to indicate that the charges were dismissed. This is an important differentiation—if your records have been expunged it is truthful to indicate “NO” on applications that ask if you have been CONVICTED of a crime.

According to California Penal Code 1203.4, you are eligible to apply for record expungement if you meet the following qualifications:

• You were granted probation, completed all of its terms, and are no longer on probation
• You have had no new arrests
• Or, you have completed the terms of your probation and served at least half of the probationary term, and have had no new arrests

As with having records sealed, the decision is in the hands of the courts. Only with expungement, you’ll file a “Petition for Relief” form with the Superior Court of the county where you were convicted. There is a fee (which can be waived, if approved). It typically takes 8 -10 weeks after the court has received your application to come to a decision. If your conviction is a felony, a court hearing will be required as part of this process.

If you think you may be eligible for sealing of your juvenile records or expungement, you’ll want guidance from a seasoned attorney’s office. It may sound like simply filling out paperwork, but it’s in your best interest to talk through the options and processes to make sure your actions align with your end goals and that the process is done the right way.

We are here to help, day and night. Give us a call: 1-800-NoCuffs or visit our website for more information: https://www.NoCuffs.com.

You’ve been arrested for driving under the influence (DUI) of drugs or alcohol. Now what?

First off, don’t panic. This is definitely easier said than done, but it’s important to keep your wits about you and not make a bad situation potentially worse by talking or acting out. Keeping a cool head will help on the legal side.

Focus on the following:
Document what happened. As soon as you have an opportunity, write down as many details as possible about what happened immediately before, during and after the event. Any details about what was said and done throughout are important, as they may help your attorney with defenses.

Don’t plead guilty. Just because you’ve been detained does not mean there is overwhelming evidence against you. You may feel pressured or even convinced that pleading guilty is the obvious solution, but do not make any decisions until you’ve consulted with an attorney who specializes in DUI cases. We’ve seen it all, from misdemeanors to felonies to multiple DUI arrests. This is no time to try and handle things on your own. Experts exist to help you navigate your situation, regardless of severity.

In DUI cases, the burden of proof falls on the prosecution. That means according to the law, a defendant should only be found guilty if the prosecution presents a 100% fact-driven case that has absolutely zero reasonable doubt.

Prosecutors tend to latch on to these four areas in DUI cases:
1- Physical signs and symptoms of being under the influence. You may have red eyes. You may have an odor. You are observed walking in an abnormal pattern. These are all subjective, based on the observations of the arresting officer(s).

2- Field sobriety test performance. Your balance may be off. You may be unsteady changing direction while walking. This doesn’t mean you are under the influence!

3- Driving pattern. Law enforcement authorities rely on 24 driving patterns identified by the National Highway Traffic Safety Administration that may indicate the driver is intoxicated. These include swerving, weaving and driving without headlights at night. All 24 may have zero correlation to levels of intoxication and with reasonable explanations for their occurrence.

4- Chemical test results or refusal to take the test. Test results may be impacted by improper administration, medications, medical conditions and more. And refusal to take a test does not equate to guilt.
If any of these four pillars of a prosecutor’s case is knocked down or even loosened, the whole case either falls apart or is shaky, which means reasonable doubt.

The most common sense rule of all is to avoid driving under the influence at all. Drink responsibly. Always have a designated driver. But, if you find yourself in need of legal assistance related to DUI, give us a call at 1-800-NoCuffs.