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Redding California Criminal Law Blog

Domestic violence restraining orders in California

When Californians are involved in domestic violence incidents, they may seek protection through obtaining domestic violence restraining orders. Therefore, it may be helpful for those who have experienced such situations to understand the different types of domestic violence restraining orders that may be issued against them.

According to the Judicial Council of California, there are four types of domestic violence restraining orders – temporary restraining orders, permanent restraining orders, criminal protective orders and emergency protective orders. A violation of these orders may result in a fine, jail time or both.

Acquiring a conceal and carry (CCW) permit

A constant stream of gun violence is in the news. You’ve been concerned about your personal safety or you want to protect a business or some other interests. You need to be prudent, patient and complete the process to acquire a conceal and carry permit for the state of California.

Criteria for granting a CCW

Problems with field sobriety tests

For many years now, California law enforcement officers have administered specific tests before they arrest a driver and charge them with suspected driving under the influence of alcohol. These tests, commonly called field sobriety tests, are standardized and approved by the National Highway Traffic Safety Administration. That, however, does not mean that they are completely accurate. In fact, each of the three tests has a defined inaccuracy rate.

As explained by FieldSobrietyTests.org, the most accurate of all three tests is the horizontal gaze nystagmus test and its accuracy rate is still only 77%. This test measures an involuntary spasm of the eyeball. Some neurological conditions might interfere with the accuracy of this test.

When you cannot turn right on a red light

Stopping at a red light is a basic rule of the road that everyone who drives should be aware of. It is also common that motorists believe they can make a right turn into a different intersection while the light is still red. However, some California motorists may wonder if such turns are illegal, or if turning right on red is restricted. They may not want to turn unless they know they are legally permitted to do so.

Like many states, California permits its motorists to make right turns at a red light. After coming to a complete stop, a California driver is allowed to turn right, though there are some circumstances that prohibit making a right turn. Making sure you know these circumstances can help prevent an accident that results in serious injury and possibly loss of life.

How can you recover from a violent relationship?

If you have been the victim of domestic violence, you may have experienced the anxiety of facing your future. Now that you are on your own and no longer subjected to the demands and insults of your abuser, how can you move on and live a happy, content and successful life? Fortunately, with your focus on your strengths and your goals, you have the ability to recover from your past relationship and to find contentment once again in California. 

One of the most valuable things you can do is to seek the help of a professional who can help you process the emotions and worries that you are dealing with in the aftermath of a traumatic situation. You can also benefit from relying on your support system of family and friends who can provide comfort and strength in the moments when you are feeling doubtful. 

You do not have to automatically accept a plea bargain

As the American Bar Association (ABA) points out, 95 percent of cases are settled first before going to trial, so chances are if you are involved in a criminal case in California, you might receive a proposal to reduce your prison sentence or eliminate it entirely in exchange for a guilty plea to lesser charges. However, even as your defense attorney provides counsel on the matter, remember that the final choice to accept or reject any deal is yours.

If an attorney believes an offer placed on the table by a prosecutor is the best the client can expect and that a trial will likely bring harsh consequences if the client is convicted of the charges, the attorney can counsel the client to take the offer even if the client is more inclined to fight the charges. What an attorney cannot do, however, is accept or reject an offer to settle the charges on behalf of the client. It is up to the client to evaluate the deal presented and to decide how to move forward.

What happens when someone passes a stopped school bus?

There have many devastating news stories about drivers passing school buses or not paying attention to a stopped school bus. Children almost always pay the price in these situations. That is why California has laws about stopping for school buses. Protecting children who are getting on or off a bus can only be done as a group effort. Drivers must pay attention and adhere to the law about stopped school buses.

California Legislative Information explains that when a school bus is at a stop and has its stop lights flashing and stop sign arm extended, all drivers on the roadway must stop. This includes drivers going in both directions. The only exception is on a road that is split in the middle with two lanes of traffic on each side. In that case, only the traffic on the same side as the bus must stop. Traffic cannot resume until the bus driver has turned off the stop lights and closed the stop sign arm. At that point, drivers may pass the bus as well.

Buzzed driving and uncertainty over BAC level

Sometimes, people take to the road when they are extremely intoxicated, and some of these reckless drivers may not care about their blood alcohol content (BAC) level at all. Other drivers, however, may be more concerned about whether they are over the legal limit or not, not only to avoid some of the repercussions associated with drunk driving charges but in order to protect their safety while behind the wheel. However, people who take to the road while they are buzzed may also be charged with driving drunk, facing serious consequences as well.

There are many factors to consider when it comes to buzzed driving. For example, some people who are inexperienced drinkers may not be familiar with how they react to alcohol and they may have difficulty judging how intoxicated they are or whether their BAC level is over the legal limit. Some may assume that they are able to drive even though their BAC level remains over the legal limit. For example, they may not be familiar with how long it takes for alcohol to be cleared from their system.

Defend your driving career from DUI consequences

At the law offices of John M. Kucera, Attorney at Law, we know that driving is more than a way of getting around for some people. Some of our clients depend on their driving privileges in California to make a living, support their families and safe for their futures.

Unfortunately, your rights in terms of driving might not be as secure as you might expect. This is especially true if you have a commercial driver's license. That is because, even if you were not driving for work at the time of an arrest, a DUI conviction could potentially affect your professional credentials.

What penalties could my underage child face for a DUI?

Most parents who find out a child was caught drinking and driving are filled with disappointment and worry. This is especially true when that child is under the legal drinking age. While many adults have a general understanding of the consequences an adult might face for a Driving Under the Influence (DUI) citation, most are a little less familiar with the consequences a child may face.

The consequences your child may face will vary based on his or her blood alcohol concentration (BAC). Although the legal limit for adults is .08 percent, it is unlawful for anyone under age 21 to drive with any detectable amount of alcohol in his or her system.

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John M. Kucera, Attorney at Law
1416 West Street
Redding, CA 96001

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