27 May

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6 Things DUI Cops Won’t Tell You

[caption id="" align="alignleft" width="195"] Photo By Charles Roberts from Plano, United States (Plano Police Motorcycle Officer) [CC BY 2.0[/caption] This post used to say "5 Things DUI Cops Won't Tell You", however, new trends and created new issue in the field of DUI law. Despite law enforcement's efforts to curb impaired driving, trends related to drug-influenced driving ("drugged driving") have sprouted in the last four years. This has influenced the ways in which DUI officers have investigated their cases. It’s sometimes hard to grasp how complex DUI (“Driving Under the Influence”) arrests can get. Most people don’t really know what it feels...

30 June

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Why Humans Drink & Get High

Posted by Bart Kaspero

in Drugs, Uncategorized

Why Humans Drink & Get High Before undertaking this kind of topic, a few things need to be clarified. The medical, treatment, and law enforcement communities can disagree about the different ranges between alcohol or drug "use," "abuse," and "addiction." Not all people who have tried alcohol or drugs have "abused" them. And not all individuals who have used mind-altering chemicals have experienced "addiction". Thus, this discussion postulates the multifaceted reasons why humans as a species are drawn to these experiences in the first place. For a long time now, the notion that "getting high" to have fun or "running away...

05 June

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3 Reasons You Were Charged With a DUI Felony

Posted by Bart Kaspero

in DUI

When is a DUI a felony? How does a DUI Felony affect you? What you can do about it? In California, a DUI is what is commonly referred to as a “wobbler”; this means it can be charged as either a misdemeanor or a felony. Generally, in order to be charged with a felony DUI there must be aggravating factors that warrant that type of enhancement. These aggravating factors may occur when the DUI: Causes Death or Injury Is the Fourth DUI within Ten Years Comes after a Prior Felony DUI. 1. A DUI felony happens when it causes injury or death A first time DUI...

05 June

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California Senate Seeks to Raise Punishment for BHO Labs

Posted by Bart Kaspero

in Uncategorized

Punishment for BHO Labs Could Soon Be Aggravated Felony California's Senate approved a bill to increase the punishment for BHO labs in the state this week, further showing the growing sentiment against the manufacturing of Butane Hash Oil (AKA: BHO, Dabs, Wax, Shatter, etc.). The current punishment for BHO labs is already a felony. But the pending legislation could allow judges to increase the severity of the sentence for the charge where the activity is conducted in a residential area. Senate Bill 212 passed unanimously by a bipartisan vote and will now move forward for consideration by the State Assembly. Supporters of the bill...

04 June

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How Long is a DUI on My Record?

Posted by Bart Kaspero

in DUI, Expungement, Uncategorized

For How Long is a DUI on my record? Once you successfully complete the term of probation, you can apply for an expungement to get the conviction off your criminal record. The value of this is that you don't have to disclose your conviction to employers. However, just because the conviction is expunged from your record doesn’t mean it is gone, it is still a priorable offense if you get another DUI within the next ten years. A priorable offense means that the court may consider another DUI within ten years when sentencing you on a second or third DUI. Can I get...

31 May

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What is Reckless Driving?

Posted by Bart Kaspero

in DUI

Reckless Driving What is it? Is it better than a DUI? How do I get one? Many who search for more information about their DUI and the law that governs it will come across the alternative plea of reckless driving. Some believe it is not a DUI while others have been lead to believe it is exactly the same thing but with a different title. Here is some information to clarify some of the issues that come with a reckless driving offense. Is reckless driving better than a DUI? In short, yes. A wet reckless is initially charged (almost always) as a DUI. But...

30 May

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Criminal Charges on Your Record

Posted by Bart Kaspero

in criminal record, Drugs, DUI, DUI drugs, Expungement

Criminal Charges On Your Record The real consequences that come with having criminal charges on your record are very misunderstood. What most believe about their criminal record is motivated by their fear of the unknown. Like credit reports, we have no idea how much our lives will be effected by the decisions we have made or the challenges we have faced—and we may never get the chance to explain ourselves to the people that may be judging us for it. Information technology has changed everyone’s lives and it will continue to do so. Knowing who can access your criminal files and how it’s...

10 April

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Concentrates and Extraction Law; Are they All Drug Labs?

Posted by Bart Kaspero

in Hash Oil, Health, Marijuana

Concentrates and Extraction Law As the cannabis industry continues to evolve, so do the definitions of "drug labs". Recently, a highly-regarded testing lab was raided in Pasadena--resulting in two arrests for the illegal manufacturing of concentrates. If the arrests had anything to do with illegal concentrates and extraction methods, does that mean everyone who makes dabs fall under California's manufacturing lab statute? This brings up several questions that have many in the industry wondering where is the line between professional concentrates makers, cannabis testing labs, and BHO labs. Where Medicine and the Law Crash To put this problem into a larger context, consider the following: Patients that are...

19 March

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Case Dismissal: How to Get a Criminal Case Dismissed

Posted by Bart Kaspero

in criminal record, Defense Strategy

How to Get a Criminal Case Dismissed URGENT LEGAL UPDATE: California has implemented a series of legislative actions that make it possible to petition the court for removing past marijuana-related charges or reducing past serious felonies to misdemeanors. To take advantage of these petitions, go here: Removing Marijuana Charges EDITOR'S NOTE: Readers should be aware that this article focuses on achieving a dismissal on active or pending criminal charges. For those interested in obtaining dismissals on past cases, please go to the following link: Expungement Law Clients who face criminal charges often ask what it takes to get the case dismissed. After all,...

11 March

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Is it Child Abuse to get a DUI with Kids in the Car?

Posted by Bart Kaspero

in DUI

Is it Child Abuse to get a DUI with Kids in the Car? Consider the following scenario: You’ve had a wonderful family dinner at a mutual friends house with your children and spouse. You may have drunk some wine but nothing excessive. On your way home, you are pulled over and arrested for DUI. By the time you are booked into jail, however, you discover you are also being charged with child abuse. Many are shocked to discovery that getting arrested for a DUI can create even a deeper hole if there happened to be kids in the car while they were...

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