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Drunk Driving in California Over the Fourth of July

By | Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds

The Fourth of July is one of those holidays when everyone likes to cut loose and really relax. Most of us get to enjoy a long weekend which means we tend to drink a little more than we normally would. The fact that many of us are hanging out with a large group of our close friends and family makes us even more likely to consume a little more alcohol than normal.

There’s nothing wrong with using some adult-only beverages to help you unwind and enjoy the holiday, provided you do so in a manner that’s safe and legal.

The first thing to make sure of before you pop the first top on your favorite brand of beer is that you are confident you won’t be getting behind the wheel and trying to drive somewhere. California lawmakers aren’t going to lighten up on the drunk driving consequences just because it’s a holiday. In fact, the holiday means that there will likely be even more police patrolling over the Fourth, increasing the odds of you getting caught and arrested for drunk driving.

If you’re convicted of drunk driving in California over the Fourth of July:

  • You could spend anywhere from 96 hours to six months in a county jail
  • Pay a fine that ranges from $390-$1,000
  • Lose your driving privileges for six months

Those penalties are for a first drunk driving offense. They become increasingly more severe with each subsequent offense. It’s also important to understand that if you get into an accident while you’re driving drunk and someone is hurt or killed, you’ll face additional charges and consequences.

Getting behind the wheel after you’ve been drinking during the Fourth of July holiday is one of the worse things you can do. However, don’t assume that just because you’re not driving that you won’t get in trouble if you get drunk while you’re in public.

Examples of public intoxication include:

  • Doing something dangerous to yourself and/or others such as walking into oncoming traffic
  • Being extremely belligerent and saying/doing things you normally wouldn’t have done if you were sober, such as saying things that could result in a bar fight
  • Doing something that obstructs a public way and refusing to let traffic pass
  • Refusing to follow the directions of a police officer

Most people think of public intoxication as a kind of joke charge, but you won’t be laughing if you’re convicted. Public intoxication is a misdemeanor and carries a maximum sentence of six months in jail and/or a $1,000 fine.

Stay safe and be smart this Fourth of July!

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Mislabeling Food in California

By | Bail Bond in Fresno, Bail Bonds in Kings County, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

Mislabeling food in California is a law that usually only impacts people who own or operate things like coffee shops, delis, grocery stores, and restaurants. It doesn’t matter how badly the food was mislabeled, if evidence of mislabeling exists, the people involved will be arrested and charged with mislabeling of food. If convicted, they’ll not only have a permanent criminal record, it’s unlikely that they’ll ever be able to find employment in the food industry ever again.

The issue of mislabeling food in California is dealt with in Health & Safety Code 114087 HS.

The law states:

“(a) Food offered for human consumption shall be honestly presented in a way that does not mislead or misinform the consumer.

(b) Food or color additives, colored overwraps, lights or other misleading artificial means shall not be used to misrepresent the true appearance, color, or quality of food.”

There are several different reasons ways that a business can get into trouble for mislabeling food.

These include:

  • A retailer taking food that has either passed its expiration date or is actually meant for pets and passing it off as food that is fit for human consumption
  • Labeling food in such a way that it results in the consumer not having the proper information about things like quality, calories, or even accurate ingredients.

It’s worth noting that while most people assume a person who is charged with mislabeling food in California acts intentionally, that’s not always the case. Even if the food was accidentally mislabeled, the person involved could be charged on grounds of criminal negligence.

Violating Health and Safety Code 114395 HS is a misdemeanor. If convicted, the defendant faces a maximum sentence of six months in jail and/or a fine that ranges from $25 to $1000. It is also likely that the health department will take a long look at the business and potentially close it down forever.

If someone becomes seriously ill or even dies as a result of the mislabeled food, the defendant will likely face additional criminal and civil charges.

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Failure to Present a Valid California Driver’s License

By | Bail Bonds in Bakersfield, Bail Bonds in Kings County, Bail Bonds in Los Angeles, Bail Bonds in Tulare, Bail Bonds In Visalia, Carls Bail Bonds, Los Angeles Bail Bonds

We’ve all done it at some point or another. We’ve left home without our driver’s license. This isn’t a major deal as long as you are walking or riding around as a passenger. If you’re driving, it has the potential to be a major problem.

In California, you are legally required to have your driver’s license close at hand whenever you’re behind the wheel. It needs to be somewhere that you can easily reach it if a police officer asks for it.

While you may have driven a hundred times without your license in the vehicle, all it takes is getting pulled over once (or worse, being involved in an accident) to discover what happens if you fail to present a valid California driver’s license when it’s asked for.

Some people think that they have the right to refuse to show an officer their driver’s license. That’s not the case. The California Vehicle Code Section 12951 VC makes it illegal to fail to present your driver’s license to an officer if they request it while you’ve been driving a vehicle. Police officers are legally able to request your license if they’ve pulled you over in a routine traffic stop, or if you were a driver who was involved in an accident.

When you read through Vehicle Code Section 12951 you’ll learn that, “the licensee shall have the valid driver’s license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway…”

It goes on to state that, “the driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code.”

If you express that you’re willing to provide your driver’s license but simply failed to have it on you when you got in your car, the failure to present it will be handled as an infraction. It will cost you money, but at least it won’t lead to you developing a criminal record. In this situation, you should expect to pay a $250 fine.

If you straight up refuse to present your license when the officer asks for it, you’ll be charged with a misdemeanor and could potentially spend up to six months in jail.

It’s worth noting that if your license is expired, if it has been suspended, or if you were never licensed to drive a vehicle in the first place, you’ll likely face additional charges and infractions.

What Counts As Drug Possession?

By | Carls Bail Bonds

With the passing of prop 64, the topic of drug possession has become more prominent in recent months. While it is now legal for people 21 and older to possess some small amount of marijuana, this is the only drug that has been legalized. Even still, there are rules and restrictions to its use.

Even though the recreational use of marijuana was legalized, many other drugs and substances remain illegal to use and possess. Some of these illegal substances are:

• Heroin
• Cocaine
• Meth
• Ecstasy
• LSD

Possessing any of these drugs can get a person in trouble with the law. Now you might be wondering what constitutes as possession in California?

Possession of a drug could be:

• Having it on your person
• Having it in your glove-box or anywhere else in your vehicle
• Having it in your house

When it comes to punishment for illegal possession of controlled substances, things can vary. Illegal possession of most controlled substances is considered a misdemeanor offense in California thanks to the recently passed Prop 47. This means that someone convicted of drug possession faces no more than a year in jail, and/or a small fine. In many instances, the defendant will be required to participate in a drug treatment program.

New Jersey’s Failed Bail Replacement

By | Carls Bail Bonds

At the start of this year, the state of New Jersey eliminated its bail system in favor of a system where judges determine whether or not it is safe to release the defendant. The idea of this new system was to be fairer to people who would not be able to generate the funds needed to pay for bail. This is the very same system that lawmakers want to implement in California.

It is easy to see how this system sounds like a good idea. You remove the need for people to pay to get out of jail, thus allowing even the poorest person to get out of jail. Unfortunately for many people, this new system is a problem. This system does little to protect victims, or deter criminals.

Many officers refer to this new setup as a revolving door system. Criminals get arrested, and are back out the street by the end of the day. The punishment for committing a crime has been removed, thus allowing the criminals to continue with their ways. This puts thousands of innocent people at risk.

Of course, these criminals will still face charges, they have only been released for the period of their trial. However, since they have been released, there is nothing to stop them from committing more crimes during this period. This differs from when someone is out on bail, since the person out on bail has something to lose. This person paid to get out of jail, and will have wasted the money if he or she gets arrested again.

If the defendant did nothing to get out, like they do in this new system, then there is nothing preventing him or her from committing another crime. Let New Jersey be an example for California, this planned new system will not benefit anyone other than the criminals. Bail offers a person incentive to be on his or her best behavior, and another set of eyes to watch that person during the trial process.

Is Driving While Hungover Ok?

By | Carls Bail Bonds

Everyone knows that driving while drunk is a bad idea. While drunk you have poor motor control, and lack a sense of adequate risk assessment. Basically, you can’t control your actions well, and you do things that you wouldn’t normally do while sober. It is easy to see why people should not be driving in this state of inebriation.

However, what many people do not realize, is that driving while hungover can be just as bad. When a person is hungover, they may not have any more alcohol in their system, but they are experiencing other symptoms. People who are hungover are usually experiencing sleep deprivation, dehydration, and short-term alcohol withdrawal. The symptoms of all of these can make driving difficult and dangerous for the person.

A study conducted by researchers at Utrecht University in the Netherlands found that hungover drivers drove worse than drivers who had a blood alcohol concentration (BAC) of 0.05%. The drivers exhibited erratic behavior and slowed reaction times.

Similar results were found by a study conducted at the University of West England.

If a person was out drinking the night before, he or she should think twice before getting behind the wheel the next morning. Doing so could be as disastrous as if he or she had driven the night before. After a night of drinking, a person should take it easy the next morning. Stay at home, rest, and get hydrated. Doing this will be much nicer than driving anyways, and it will be safer too.

How To Answer: Have You Been Drinking?

By | Carls Bail Bonds

If you have never been pulled over for a DUI before, you may wonder how you should answer when asked if you have been drinking after having a drink or 2. As a United States citizen, you have the right against self-incrimination. This means that you do not have to answer that question.

However, that does not mean you have the right to lie to the officer, or ignore his or her requests. If the officer asks for your license and registration, you should provide it. Lying, will only make things worse for you. The officer will be able to tell if you have had too much alcohol. If you admit to having a two drinks, when you really had 6, you will still be asked to take a field sobriety and a breathalyzer test. These tests will show how many drinks you truly had, and will cause the officer to disregard anything you say from that point on.

If you choose to not answer the question, you can inform the officer that you would rather not say. You can also say that you would like to speak with your attorney. Asking to speak to your attorney cannot be used against you. Remaining silent does not mean you will be allowed to leave. Chances are, you will still need to take a field sobriety and a breathalyzer test. Remaining silent simply keeps you from admitting guilt, or lying to the officer.

Your final option is to just be up front and honest with the officer. You cannot be legally be arrested for drunk driving if your Blood Alcohol Content (BAC) is under 0.08%. In this instance, if you have only recently had one or two drinks, you should be okay. This is even truer if there was an hour or more time between the 2 drinks. You may still have to take a field sobriety and breathalyzer test in this situation. However, there is a chance that the officer might deem that you are capable of driving and let you go on your way.

Ultimately, the best way to avoid this kind of situation, is to have a plan ready when drinking will be involved. Either designate someone as the driver so that he or she will not drink, or get a ride from a taxi, Uber, or Lyft. This way, you will be safe, and you will not have to worry about getting pulled over.

Tips for Avoiding the Heat

By | Carls Bail Bonds

Summer is rapidly approaching in California, and temperatures are on the rise. Summer is a season for exploring and adventure. However, it is also a season of unbearable heat. It is why many people will find themselves hiding out in the shelter of their home, waiting for cooler temperatures.

If you are looking for ways to keep cool this summer, here are a few tips:

• Wear light colored, loose fitting, cotton clothing. Cotton stay cooler than synthetic materials.
• Stay hydrated by drinking lots of water, and sports drinks with plenty of electrolytes.
• Avoid alcohol and caffeine since these cause dehydration.
• Avoid going outdoors during the middle of the day. Instead, go out during the morning or evening when it is cooler.
• Use fans to circulate the air in your house and make it feel cooler.
• Keep water bottles in the freezer and take one with you when you go outside. This way, you will have a cool drink with you as the ice melts.
• Visit public places like a library, movie theater, or mall during the day. These places are usually kept cool during even the hottest of days.
• Take frequent cold baths or showers to help keep cool.
• Visit the local public pool or beach, just be sure to wear plenty of sunscreen.

Many of these things can be done together to help keep you cool during the hottest days summer has to offer. Just remember that it is okay to take it easy during the day. Know your limits, and avoid overworking yourself. Nobody wants to end up in the hospital.

What is Petty Theft?

By | Carls Bail Bonds

Everyone understands the concept of theft, and how bad it is. However, once law enforcement gets involved, it can get confusing for many people not familiar with their terminology. Law enforcement officers have many different phrases and terms for different crimes. These terms help the officers identify the severity of crime, and many other factors. For civilians, these terms can be confusing.

One such term would be petty theft. Most people understand it means something was stolen, but we do not know the specifics. We do not even know the severity of the punishment for petty theft.

In the state of California, petty theft is defined as the unlawful taking of property that is valued at $950 or less. This is different than shoplifting, for example, since shoplifting can only happen in a commercial establishment when it is open for business.

There are 4 different crimes that can lead to petty theft charges:

Theft by Larceny – This makes up most cases of petty theft, and is probably what most people think of when they think of theft. This is simply taking someone else’s property without their permission with the intent of keeping it for yourself.

Theft by False Pretense – This is when a person gives ownership of an item to another person temporarily due to false information that was given by the thief.

Theft by Trick – This is when a person lends an item to a person who has no intention of returning the item. This is similar to theft by false pretense, except in this instance, the property owner never intended for the thief to have ownership. This could be as simple as borrowing an item from someone and promising to return it, without intending to actually return it.

Theft by Embezzlement – This occurs when the owner of property gives a person the property because he or she trusts that person will take care of it. An example would be when someone takes money out of an account that they manage for a company.

All of these can be classified as petty theft, so long as the value of the stolen property is under $950. Petty theft is a misdemeanor crime in California, and is punishable by a maximum of 6 months in county jail, and/or a maximum fine of $1,000.