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CRIMINAL LAW

DUI, TICKETS, DOMESTIC VIOLENCE

DUI

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California takes seriously the crime of driving while under the influence. As such, this state has some od the toughest Driving Under the Influence (DUI) penalties in the country. The circumstances regarding your DUI charge will determine the impact it may have on your personal life and livelihood.

Driving while Under the Influence includes any legal or illegal substance that can alter your ability to drive safely. Depending on whether or not you have had prior DIU offenses within the past 10 years, penalties can vary. Here are the possible penalties you need to know about:

First Time DUI Offenders:

Up to 6 months in county jail,

Misdemeanor probation,

Driver’s license suspension for 6 months,

Up to $1,000 in fines, plus additional fees and costs,

DUI school for 3 -9 months, and/or

Installation of an ignition interlock device (IID).

 

Second Time DUI Offenders:

Up to 1 year in county jail,

Misdemeanor probation,

Driver’s license suspension for 2 years,

Up to $1,000 in fines, plus additional fees and costs,

DUI school for 18 to 30 months, and/or

Installation of an IID.

Third Time DUI Offenders:

Up to 1 year in county jail,

Misdemeanor probation,

Driver’s license suspension for 3 years,

Up to $1,000 in fines, plus additional fees and costs,

DUI school for 30 months,

Installation of an IID, and/or

Habitual Traffic Offender designation.

Fourth or Subsequent DUI Offenders:

16 months, 2-4 years in state prison,

Felony probation,

Driver’s license revocation for 4 years,

Up to $1,000 in fines, plus additional fees and costs,

DUI school for 30 months,

Installation of an IID,

Participation in an addiction treatment program, and/or

Habitual Traffic Offender designation.

DUIs carry stiff penalties under California law, even if you’re a first time offender. It’s important to have an attorney on your side to help you understand you rights and navigate the legal system.

TICKETS

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A moving violation ticket may appear to be relatively insignificant,  but it’s important to review your case to make sure that your situation is handled the best way.

 

Tickets that involve speeding, DUI, driving while intoxicated, driving with a suspended license, driving with no insurance, failure to appear, misdemeanor violations, red light tickets, hit and run, reckless driving,  and other moving violations, require specific actions for each charge. 

 

Sometimes a ticket can be dismissed, while other times, it takes the knowledge, experience and skill of an attorney to reduce the charges.

DOMESTIC VIOLENCE

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Domestic violence is a serious issue affecting men, women and children throughout the Central Coast that can cause emotional /physical abuse and anguish, and have far-reaching affects.

A surprise to many people is that domestic violence does not just happen to women. Domestic violence can be an argument between many combinations of  relationships in which the people involved have or had a relationship with each other and regularly reside or formerly resided in the same household. 

 

Some of these relationship combinations include:

  • A current or former husband/wife

  • A domestic partner

  • Someone who has a child with you

  • Your own child or stepchild

  • Grandparent/in-Law

  • Aunt/Uncle/Cousin/Niece/Nephew

  • Someone you are currently dating or previously dated;

  • Someone who currently lives with you or previously lived with you

  • Someone related to you by blood or marriage

What is Domestic Violence?

 

Domestic Violence is not just about physical abuse.  It can also involve intimidation, humiliation or manipulation of another person that can present itself through actual or threat of emotional, sexual, financial, or digital abuse.

Unfortunately, there are many possibilities for what Domestic Violence look like. Domestic violence can be spoken, written, or physical.  Some examples include:

PHYSICAL ABUSE:

  • Hitting, kicking, pushing, pulling hair,, choking, biting, throwing things

  • Use of weapons or using non-typical items as weapons

  • Hurting loved ones or pets

  • Denying access to basic things like food, water, medication

EMOTIONAL ABUSE:

  • Name-calling

  • Continually insulting or claiming fault

  • Demanding accountability for every action and location throughout the day

  • Denying access to other people in one’s life

  • Threatening to cause harm or causing someone to fear for their safety

  • Intimidation that results in fear for speaking up about the abuse

  • Humiliating

SEXUAL ABUSE:

  • Forced sex

  • Purposefully trying to pass on a sexually-transmitted disease

  • Giving drugs or alcohol to decrease sexual inhibition

  • Continued pressure to have sex even after being told “No.”

 

FINANCIAL ABUSE:

  • Controlling money given and how it’s spent

  • Forbidding person to work

  • Denying access to bank accounts

  • Stealing money from the other person

 

DIGITAL ABUSE:

  • Sending messages that are threatening or insulting through texts, emails, and social media

  • Sending explicit photos or messages

  • Asking for or demanding explicit photos, videos, or messages

  • Frequently looking for the other person’s phone

 

Domestic Violence accusations can be complicated as they may be influenced by drugs or alcohol, a person’s desire to punish the other person for perceived wrongdoing, to gain influence during a child custody battle, or to gain sympathy from others.

A Domestic Violence charge can involve penalties such as monetary fees, probation and/or jail time, and even prison.

 

Domestic violence is the type of offense that should be taken seriously. If you have been accused of domestic violence, Hal P. Farley is here to help answer your questions and guide you through the legal process. 

 

Contact the Law Office of Hal P. Farley at (805) 598-5743 or

(805) 922-4553.

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