Monthly Archives - March 2012

What Do I Need To Know About DUIs in San Jose?

Driving under the influence offenses in San Jose are under the jurisdiction of the state of California. Just for simply driving under the influence (not including other potential charges), San Jose follows a graduated three-tier offense system, with penalties getting progressively larger for each successive offense. For example, a simple DUI offense can get you up to six months in jail, while the second or third DUI offense can get you up to one year in prison. If you’re older than 21 you are considered driving under the influence if you have a blood alcohol content (BAC) of .08%. Under 21, it’s .01%

But as with all misdemeanors, other charges can greatly increase the penalty, such as the case of San Jose resident Donovan Barclay who was recently charged with both the possession of an illegal substance and violating his bail release terms from a previous DUI charge.

If you’re seeking the assistance of a San Jose DUI attorney law practitioner, there are a few things they can do to help. If you’ve already had a DUI, you should know that it remains on your record until you get it expunged. This requires the aid of a DUI attorney lawyer, but it’s highly recommended because this sort of thing on your record can severely affect your future career prospects or anything that might require a background check. They can also reduce a DUI conviction that was a felony down to a misdemeanor. If you are facing a DUI charge, you can actually plead to a lesser offense than a DUI, but this is only possible if you have no prior record, there was no accident or other charge, and your blood alcohol content was marginally high. In this case, you can end up with a reduced case of reckless driving.

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San Jose DUI Attorney Law – Recent News

The city of San Jose has been hit with some recent DUI stories in the news lately, some of which are definitely going to drop a few jaws.

In a recent news development, a young man by the name of Donovan Barclay with a long history of DUI offenses was arrested yet again after police officers smelled marijuana smoke coming out from the windows of his truck. Upon investigation, officers say they found marijuana and a cannabis cookie in his possession. If it wasn’t bad enough, Barclay was actually violating his bail release terms. Just last November he was caught with a DUI after crashing into a tree.

There’s also the tragic case of an ex-San Jose State University student who hit a female college student with his car and killed her while he was driving under the influence last year. Just this month he finally received his sentence – six years in prison.

This time of year is going to be particularly active for San Jose DUI attorney law practitioners as Spring Break is just down the road, but there are always students who drive under the influence throughout the year. However, it’s not just students who are caught driving under the influence, but sometimes educators as well, as in the case of one San Jose high school principal.

Just two months ago, a San Jose Christian high school principal was caught driving under the influence near Highway 101 and charged with a misdemeanor. He was with his wife at the time and although he was not involved in any accident, he did show some signs of reckless driving which tipped a Morgan Hill police officer to pull him over. He was formally charged last month and is now on a paid leave of absence pending the court case.

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