San Diego Criminal Defense Blog

Field Sobriety Tests: Nystagmus Test

By Criminal Defense Attorney on December 5, 2016

One of the most common Standardized Field Sobriety Tests used by police to determine if probable cause exists for a drunk driving arrest is the Horizontal Gaze Nystagmus (HGN) test. This test works by measuring a driver’s eye reflexes when asked to look at a moving stationary object at a close distance, allowing officers to look for certain key signs of intoxication.

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Posted in: DUI

Charged with DUI While Stationed at Camp Pendleton?

By Criminal Defense Attorney on September 1, 2016

Have you been charged with driving under the influence (DUI) while stationed at Marine Corps Base Camp Pendleton? If so, you could be facing numerous judicial and non-judicial punishments. DUI arrests for military service members can be particularly complex and can often bring consequences that are far more severe than a typical civilian DUI case, especially if the alleged offense occurs on the installation.

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Posted in: DUI

Is DUI A Felony in CA? – Three Ways It Can Be

By Criminal Defense Attorney on August 31, 2016

In the state of California, it is illegal to operate a motor vehicle with a blood-alcohol concentration of .08% or greater. If you violate this law, you could be charged with the crime of driving under the influence (DUI). While most DUI offenses will be charged as a misdemeanor,there are three different circumstances under which this crime could be elevated to a felony. These include:

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Posted in: DUI

JD Law: Online Presence

By Criminal Defense Attorney on April 13, 2016

JD Law takes what they do seriously. When it comes to representing those who have been charged with criminal offenses, they engage all of their resources, energy, and experience to fight on their behalf. The firm’s San Diego criminal defense lawyers are proud of their accomplishments and work together to build strategic defense strategies.

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Posted in: About JD Law

Does Breastfeeding in Public Qualify as Indecent Exposure?

By Criminal Defense Attorney on February 2, 2016

While society continues to debate over the social acceptability of public breastfeeding, California law has held a firm stance on the matter for nearly two decades. California Civil Code, Section 43.3 was established in 1997 and grants mothers the right to breastfeed her child in any private or public place in which she and the child are authorized to be. The National Conference on State Legislatures reports that forty-five states, the District of Columbia and the Virgin Islands have laws that specifically allow women to breastfeed in any public or private location.

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Posted in: Sex Crimes

What Qualifies James Dicks for Your Case?

By Criminal Defense Attorney on January 22, 2016

When you are charged with a crime, a lot of questions likely rush through your head. What should your next step be? How do you find a lawyer that is qualified to handle your case? What questions should you ask potential defense attorneys before you hire one?

Facing criminal charges is no small matter—regardless of how serious or minor you may think your charges are. Finding the right defense attorney in San Diego to handle your case can seem overwhelming. James N. Dicks is here to make simple for you.

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Posted in: Criminal Defense

Can I Legally Refuse a Breathalyzer Test?

By Criminal Defense Attorney on January 18, 2016

Getting pulled over by a police officer can be intimidating and scary—especially when they start to ask you whether or not you’ve had anything to drink. When you’ve been suspected of DUI, one of the pounding questions you will face is whether or not you can refuse a breathalyzer test.

In California, there is what is known as “implied consent”. What does this mean for you as a driver? If you signed your driver’s license and are legally able to drive a motor vehicle, you have already given consent to be subject to chemical or breath testing. But does this give police officers the blanket right to request a breath test from you? Let’s take a closer look at what it means to refuse.

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Posted in: DUI

Can the Police Search My Cell Phone After a Traffic Stop?

By Criminal Defense Attorney on January 15, 2016

Your Rights After Being Pulled Over

At some point in your life, you will probably be pulled over in a traffic stop if you drive. Do you know what your rights are? After being pulled over for a traffic stop, it is crucial that you know your rights! You are protected from unlawful searches and seizures in such instances. If a police officer asks to see your phone, you need to be aware of your legal rights.

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Posted in: Traffic Stops

How Do Officers Determine “Marijuana DUI” in California?

By Criminal Defense Attorney on December 22, 2015

As marijuana laws continue to change and develop in California, understanding what constitutes as Marijuana DUI can be difficult. How do police officers legally determine if a driving is under the influence of marijuana, let alone other drugs? While officers have more proven methods to determine alcohol impairment—standardized field sobriety tests, breathalyzers, blood tests, and a set BAC amount— determining impairment due to marijuana is not as defined.

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Posted in: Drug Possession

What Should I Do if I’m Arrested for Soliciting a Prostitute?

By Criminal Defense Attorney on December 16, 2015

Sex crime charges are some of the most serious offenses an individual can face. Having a sex crime conviction on your record can damage your reputation, ruin your career, and cost you your freedom. That is why it is so crucial that you work with a defense attorney to protect your future.

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Posted in: Sex Crimes

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