DUI
The amount of time a court looks back to determine whether you can be charged with a having a prior DUI?
What is 10 years from the date of arrest?
The time period allotted to complete PC 1000
12 months initially with a 6 month extension.
These hearsay exceptions do not require the declarant to be unavailable.
What are:
Present Sense Impression
Excited Utterance
State of Mind
Medical Diagnosis
Business Records
Public Records
Necessary Elements of Self-Defense
(CalCrim 3470)
What are:
Reasonable belief of imminent danger of bodily injury or unlawful touching of self or someone else.
D reasonably believed the immediate use of force was necessary to defend against that danger.
D used no more force than reasonably necessary to defend against the danger.
"Injustice anywhere is a threat to justice everywhere."
MLK
This test measures the rhythmic involuntary movement of your eyes.
What is Horizontal Gaze Nystagmus
What is the legal standard for a nexus between a mental health condition and the crime.
A rebuttable presumption in favor of the defense.
This objection is made when an attorney asks a witness a question that suggests the answer.
What is leading?
This motion for a directed verdict is traditionally made after the people rest.
What is an 1118.1
"Exactly, Because isn't the first cardinal rule of perm maintenance that you're forbidden to wet your hair for at least 24 hours after getting a perm at the risk of deactivating the Ammonium thioglyocolate?"
Elle Woods
Mandatory Minimum jail time for a 3rd DUI
120 days
These are the two entities that the court refers for a report on dual agency diversion under Penal Code Section 1001.20
What are Probation and Far Northern Regional Center?
The DA attempts to elicit testimony about your client's statement's while in custody.
What is Foundation (Miranda)?
A client wants to withdraw their plea, says he was drunk when he plead. This is the hearing you ask for.
What is a Marsden/Eastman?
"You never really understand a person until you consider things from his point of view. Until you climb inside of his skin and walk around in it."
Who is Atticus Finch?
If a person dies as a result of a DUI, you can be charged with murder under People v. Watson. That case originated in...
Redding, CA
$50 Bonus: Who was the attorney?
A second conviction under Health and Safety Code 11395 has what significance?
What is the charge becomes State Prison Eligible?
Miranda offers no protection if your client gets on the stand and does this.
What is testifies to something that contradicts their original statement (Impeachment)?
Possession for a legitimate legal use.
"So, Mr. Tipton, how could it take you five minutes to cook your grits, when it takes the entire grit-eating world 20 minutes?"
Who is Vincent LaGuardia Gambini?
These factors are considered when elevating a DUI where death results to a murder charge.
What are:
- Pre-drinking intent to drive
- High BAC
- Aware of the hazards of DUI
- Some evidence of bad driving
Courts do not generally consider this MAT treatment center as "outpatient treatment."
What is Aegis?
Use this objection if a witness testifies that it your client was upset because he had cut him off.
What is Speculation?
What is whether it involved violence?
"If it doesn't fit, you must acquit!"
Johnny Cochran