California’s Open Container Laws - VC 23221 – 23229
Eisner Gorin LLP Blog
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1M ago
California's open container laws make it illegal for motorists to possess an alcoholic beverage that is opened or the seal is broken, even if the alcohol is not being consumed. This infraction is typically punishable by a maximum $250 fine. If you are a driver or passenger under 21 and violate the ..read more
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Is Car Sex Illegal?
Eisner Gorin LLP Blog
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2M ago
You are allowed to have sex in your vehicle, but you know the law that might apply to your situation. Typically, it is illegal to have sex in a public place if a reasonable person believes that somebody will see them. Thus, if you do not have a reasonable expectation of privacy and decide to have ..read more
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Health & Safety Code 12085 HS - Make, Possess, or Transport Explosives
Eisner Gorin LLP Blog
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2M ago
Let's review the crime of manufacturing, possessing, or transporting explosives codified in California Health & Safety Code 12085 HS. California has strict laws regarding explosives, and not just regarding their use. As volatile substances, explosives can pose a danger to the public by their very existence or by the act of ..read more
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What Happens If My Criminal Charges Are Dropped?
Eisner Gorin LLP Blog
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2M ago
Suppose you've been charged with one or more crimes in California. It can be a massive relief to find out that some or all of the charges have been dropped. Getting charges dropped is often the best outcome in criminal cases, making it a common defense strategy for defense attorneys, especially ..read more
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Will a Misdemeanor Show Up on a Background Check?
Eisner Gorin LLP Blog
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2M ago
Company hiring managers prioritize the selection of a qualified candidate who aligns with the company's values and upholds its integrity. Often, even seemingly minor crimes can raise a red flag. For example, a history of driving under the influence (DUI) can be a sign of things to come later ..read more
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Warrantless Blood Draw from DUI Suspect
Eisner Gorin LLP Blog
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3M ago
Let's review the court of appeals ruling that there were no exigent circumstances to justify a warrantless blood draw from a DUI suspect after a significant post-collision delay. California implied consent laws require all drivers to voluntarily provide a breath or blood test as part of a police ..read more
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Trial Defendant's Argument in a Watson Murder Trial
Eisner Gorin LLP Blog
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3M ago
Prosecutors regularly charge implied-malice Watson murder charges in driving death cases where there is evidence of highly reckless conduct involving speed, alcohol/controlled substances, or both. Notable recent local cases with implied malice murder charges include the tragic deaths of ..read more
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Driving in California with a Foreign License
Eisner Gorin LLP Blog
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3M ago
If you're a visitor from another country, you'll be delighted to know you can use your foreign driver's license to drive in California. The state warmly recognizes out-of-state and foreign driver licenses for nonresident individuals, enhancing your travel experience with added convenience. Vehicle ..read more
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How Is Intent to Distribute Drugs Proven?
Eisner Gorin LLP Blog
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3M ago
Under the law, the illegal possession of a controlled substance with the intent to sell or distribute it is a severe offense. There are two parts to this crime, including the unlawful possession of the drugs and the intent to distribute them. Both elements must be met to commit the offense of "possession ..read more
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Difference Between "Acquitted" and "Not Guilty"
Eisner Gorin LLP Blog
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3M ago
The term "not guilty" means a criminal defendant is not legally accountable for the crime. An "acquittal" is a finding by the jury or judge that the defendant is not guilty after a trial (jury or bench trial). Notably, however, neither necessarily means you are innocent of the crime. Let's examine the ..read more
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