In a series of decisions in 2010, the U.S. Supreme Court narrowed and refined the scope of the landmark decision Miranda v. Arizona that established important protections for criminal suspects.
On June 1, 2010, the Court issued an opinion in Berghuis v. Thompkins. New York Times article.
As Humboldt County lawyers, we are seeing many requests for early releases from the Humboldt County Correctional Facility and prison based on new legislation to address overcrowding. Crime victim advocacy groups have recently joined California lawmakers in filing a lawsuit against new potential legislation that would allow the state to release around 6,500 inmates this year before their prison sentences ended. The new legislation would conflict with a voter-approved initiative that prohibits early releases to solve overcrowding problems, the lawsuit alleges. Inmates that could qualify for release may have been convicted of domestic violence, child and elder abuse, and 19 different sexual assault crimes.
Michael Gardner and Dana Littlefield, San Diego Union Tribune 03/29/2010.
Read Article: San Diego Union Tribune
Important new laws pertaining to DUI and other driving violations are contained at the DMV website. The laws heighten penalties for anyone driving after drinking alcohol who is on court-ordered post-DUI probation. The new laws also give greater consideration to the use of ignition interlock devices for DUI convictions and for those with a prior DUI conviction who is subsequently convicted of driving on a suspended license. A summary of some of the new laws is listed below and a full list is contained here.
If you have received a citation for DUI in Humboldt County, it is important to contact a DUI lawyer as soon as possible.
If you have been arrested for a DUI in Humboldt County, you were likely given a pink notice of suspension and temporary driver’s license at the time of your arrest or release from jail. It is important that you seek legal advice immediately because you have only ten (10) days after receipt of the notice of suspension to request a Department of Motor Vehicles (“DMV”) hearing or your license will be administratively suspended by the DMV. If you are 21 years of age or older, and took a blood, breath, or urine test, and the results showed .08% Blood Alcohol Content (“BAC”) or more, a first offense may result in a four (4) month suspension and a second offense within 10 (ten) years may result in a one (1) year suspension. Click here for additional important information.
The DMV administrative license suspension is an entirely separate proceeding from a criminal prosecution. A DMV administrative suspension and a criminal charge in state court can each have license consequences. Therefore, it is important that you separately address the DMV administrative suspension, which has the short ten (10) day deadline by which you may request a hearing to challenge the suspension. An attorney may assist you with a hearing request to DMV to challenge the suspension and with the hearing itself. According to the DMV: