San Diego County Criminal Defense Legal Blog

With police throughout San Diego County cracking down on driving under the influence, it's critical to understand the steps you can take to avoid trouble. Furthermore, if you come face-to-face with a DUI checkpoint, knowing what you should and shouldn't do improves the likelihood of avoiding an arrest.

Here are five of the most common mistakes drivers make at a DUI checkpoint:

• Suspicious driving: This can include everything from stopping and starting to switching lanes. If it's anything that gives an officer reason to take notice, it's something you want to avoid.
• Open alcohol container: This is a surefire sign that you've been drinking and driving. Even if you're not under the influence, it is illegal to drive with an open container of alcohol in your vehicle.
• Talking back: Even if you don't like the way the officer is treating you, remain respectful throughout your interaction. If you talk back, it gives them more of a reason to dig deeper. It could also lead to an arrest for another crime, such as obstruction of justice.
• Complaining about your legal rights: Don't tell the officer that it's illegal for them to stop your vehicle. Don't explain your legal rights. This goes along with talking back. Don't say anything that will raise suspicious or draw the ire of the officer.
• Remain calm if you're put under arrest: It's frustrating, embarrassing and scary, but if you're put under arrest for driving under the influence you should remain calm. Fighting back can result in additional criminal charges, such as resisting arrest. You're best off using this time to make note of exactly what's happening, as the knowledge you collect can help you prevent a conviction.

Allegations of violence in the home, between intimate partners or even against family members are very serious. Domestic violence charges can alter the course of a person's future. While mounting a strong defense is essential for minimizing the criminal and personal impacts, California defendants may struggle to do so if they do not fully understand their charges.

The Justice Office on Violence against women defines domestic violence as a pattern of abusive behavior in a relationship. That behavior is usually wielded by only one person as a method to maintain or gain control over the other person. Domestic violence can occur between spouses, children, cohabitants, family members and partners who are dating, intimate or in a sexual relationship.

It is perhaps not that uncommon for California police to arrest people on charges that these individuals do not fully understand. Certain charges are used quite frequently in popular media, including assault and battery, which do not always line up with the reality of how authorities file and pursue these allegations. Defendants who are charged with assault and battery, and are confused about their circumstances, should consider the following.

Assault and battery are not one in the same. In general, assault is defined as attempting to harm another person. For example, assault could take place in a situation where a person swings at another person but misses, engages in threatening behavior or makes threats of immediate violence. These attempts must be intentional to truly be considered assault. Since assault does not require that any physical touch takes place between two parties, it is sometimes referred to as attempted battery instead.

Serving in the U.S. Armed Forces is a selfless act that not many people are willing to make. While both active duty members and veterans typically take great pride in their service, these men and women often endure traumatic events.

Suffering extreme trauma can influence a person's behavior and actions, which on occasion manifests in criminal behavior. The Military Diversion program might be an option for those who are facing misdemeanor charges in California.