San Diego Criminal Defense

101 W. Broadway, Suite 1770 | San Diego, CA 92101

This site is for information only. Use of this website does not create an attorney client relationship. This site is not legal advice. Legal advice is specific direction related to the unique circumstances of your legal issue. This website is not a substitute for a consultation with a California licensed criminal defense attorney. We invite you to contact us with any legal or criminal defense question you might have. 

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San Diego Criminal Lawyer

San Diego Driving Crimes Defense Attorney

Helping you understand the procedures, the required proof and the punishments for California Vehicle Code violations. 

DRIVING CRIMES

EXPLAINED BY A SAN DIEGO CRIMINAL DEFENSE ATTORNEY

 

Driving under the influence or (DUI) is serious allegation, and a conviction can have significant consequences on your finances, freedom, and your ability to drive. California is especially strict on DUIs and you can be charged with a DUI even if you are driving below the legal limit. If you have prior DUIs within a 10-year period, you are at risk for mandatory jail time, and substantial fines. 

 

Hiring an experienced San Diego criminal defense attorney can protect your freedom, your rights, and your pocket book. We offer flat fee and payment plan arrangement for most first and second time DUI cases not involving substantial bodily injury or property damage. Most driving infractions, such as speeding tickets, can be handled without an attorney as it is often cheaper to pay the fines than hire an attorney to fight them (beware of ticket fix-it scams). However, if you are facing a Negligent Operator charge (for too many points on your license), you should consider hiring an experienced driving crimes attorney to defend you in court and at a DMV hearing that will determine the status of your license. 

San Diego Criminal Defense Attorney Nicholas Moore
San Diego Criminal Lawyer

Nicholas J. Moore

SuperLawyers "Rising Star"
2016 Award Winner
San Diego Criminal Defense Attorney State Bar Profile
Member of the American Bar Association

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Driving Under the Influence

Vehicle Code 23152(a) VC

Vehicle Code 23152(b) VC

 

Did you know that you can be criminally charged even if you were not driving over the .08 BAC legal limit? All that is required to convict you under the California Vehicle Code is that: 

(1) You were driving the vehicle, and

(2) you were under the influence.

 

While this seems straightforward, DUI lawyers know how to make this difficult if not impossible to prove in court. TOP 17 WAYS DUI A DUI LAWYER WILL WIN YOUR CASE. 

 

Driving Without a License

Vehicle Code 12500(a) VC

While Driving without a license may seem like a relatively minor ordeal - it is actually a misdemeanor, punishable by up to six months in jail, a $1,000 fine, 3 years of formal probation, and potentially having your car impounded for 30 days (which you will have to pay to get out.) To learn how to get these charges dismissed, or reduced to an infraction, consult with a local San Diego criminal attorney today. 

 

Speed Contest

Vehicle Code 23109(a) VC

Did you know that you can be charged with a speed contest, a violation of Vehicle Code 23109(a) VC, without even speeding!? As crazy as it sounds, I have had clients who were charged under this offense for spinning their tires and doing a controlled "burn out." Police write these weak tickets all of the time, and they can be successfully challenged in court and dismissed. 

 

Speeding Tickets

VC 22348(b): Speeding over 100 mph

VC 22349(a/b): Unsafe Speed

1 to 15 mph over ($214-$237)

16 to 25 mph over ($360-$400)

26+ mph over ($480-$550)

VC 22350: Unsafe Speed

1 to 15 mph over ($234-$300)

16 to 25 mph over ($360-$400)

26+ mph over ($480-$550)

 

Freeway traffic in California moves pretty quick, often over 80 mph. The good news is that speeding over 100mph on a highway is usually an infraction (unless coupled with a DUI or other crime). The bad news is that this infraction will cost you at least 2 points on your license, a few thousand dollars in insurance premiums, and a possible 30 day license suspension. There is a mandatory court appearance as well, so you may need to hire a lawyer to appear on your behalf.