Can I refuse to Perform a Sobriety Test?
You’ve been pulled over, and the police officer says that they suspect you’ve been drinking. They would like you to perform an immediate sobriety test so that they can determine if you’re officially driving while under the influence. At this point, some people meekly comply. Other people wonder if they have the right to refuse to take the sobriety test.
Strictly speaking, in California, you do have a legal right to refuse to perform a field sobriety test, but doing so may not be in your best interest. The problem with refusing to take the field sobriety test is that you could actually be giving the officer an excuse to arrest you so that they can perform a chemical test. In some cases, this is a good situation.
For example, if it’s been a long while since your last drink, it’s possible that your BAC will have decreased by the time the chemical test is administered, though this is rare. What is far more common is that someone who was not completely over the legal limit and who could have possibly passed a field sobriety test has more for the alcohol to be absorbed by the blood so that by the time the chemical test is administered, they have a significantly higher BAC than they did when they were originally pulled over.
By refusing to take the chemical test, you can be held in jail for a full forty-eight hours while you’re behavior is observed. You will also lose your driving privileges for a full year. It’s likely you’ll still be tried for DUI, and if you’re convicted, the sentence may be worse than what you’d have received had you simply submitted to the chemical test.
While the desire to refuse to take a sobriety test when you’re pulled over is perfectly natural, when all is said and done, it’s usually in your best interest to submit to the test.
What is the strangest field sobriety test you’ve encountered?
What Happens if I Disturb the Peace in California?
Disturbing the peace is kind of a blanket term in California. If you’re charged with disturbing the peace, it basically means that you did something to irritate someone. Examples of this can include anything from deciding to mow your lawn in the middle of the night to playing really loud music, getting into a fight, and even using language that someone near you found offensive.
The truth is that the police frequently get calls about disturbing the peace. While they always respond to these calls, they don’t always file charges. An example of a case where they might decide to skip filing charges and simply issue a warning is if a neighbor calls the police and complains that you’re swearing is disturbing their peace. In this situation, the police might ask you to clean up your language or at least swear quietly. They may also ask some questions to see if there’s an underlying and potentially illegal reason why your neighbor is so irritated with you.
On the other hand, if you’re throwing a party and the police have had several complaints about the noise, it’s likely that they will decide to press charges of disturbing the peace.
When you review Penal Code 415 PC, which discusses disturbing the peace in California, you’ll learn that people who are convicted of disturbing the peace are:
- (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight.
- (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.
- (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.
If a disturbing the peace case makes it to trial, the main thing the prosecution must prove to secure a conviction is that the defendant willfully disturbed the peace. This is one of the main reasons many police officers issue a warning when they originally responded to a disturbing the peace call. It’s easy for a defendant to say that they didn’t know they were disrupting someone the first time a call is made. It’s harder for them to claim they weren’t willfully doing something that they knew irritated others the second, third, or fourth time the police are called.
The maximum sentence connected to a disturbing the peace conviction is a 90-day jail sentence and/or a $400 fine.
4 Estafas de Facebook que Debe Conocer
La mayoría de nosotros pasamos una sorprendente cantidad de tiempo en Facebook. Nos encanta publicar sobre las cosas emocionantes que suceden en nuestras vidas, disfrutamos viendo las fotos que comparten nuestros seres queridos y, a menudo, lo tratamos como una línea interesante que brinda una forma legal de espiar la vida de los demás. Rara vez nos detenemos a pensar en lo peligroso que puede ser Facebook, aunque habitualmente escuchamos sobre amigos cuyas cuentas que han sido pirateadas o que se han encontrado con una estafa en Facebook.
Si bien no tiene que dejar de usar Facebook por completo, sacará más provecho del gigante de las redes sociales si está al tanto de las estafas más populares de Facebook y sabe cómo identificarlas y evitarlas.
Suplantación de identidad
El phishing en Facebook es como otras formas de phishing en Internet , simplemente se lleva a cabo en Facebook. La forma en que funciona es que alguien crea una cuenta de Facebook ficticia que sugiere que ofrece un servicio o posee un negocio. Cuando expresa interés en el negocio/servicio, el genio detrás de la cuenta roba una gran parte de su información, incluyendo su contraseña de Facebook, y la usa para beneficio personal.
La mejor manera de detectar un esquema de phishing de Facebook es mirar el sitio web al que se dirige. Si la URL tiene algo que no sea facebook.com, es una estafa y debe salir y borrar su historial de navegación de inmediato.
Productos Falsificados Promocionados en Facebook Marketplace
El mercado de Facebook se ha convertido en un lugar popular para que las personas que tienen productos baratos ganen dinero rápido al promocionarlos como si el producto fuera de marca o de alta calidad. La mejor manera de evitar caer en esta trampa es estudiar con atención las imágenes y leer las reseñas del vendedor. Si el producto parece sospechoso o hay muchas malas críticas, aléjese de ese vendedor y busque algo más para comprar.
Estafas de Trabajos Falsos
Aunque Facebook no es el primer lugar que la mayoría de la gente busca cuando busca un nuevo trabajo, hay algunas oportunidades de trabajo legítimas publicadas en el sitio de redes sociales. El problema es que también hay algunas estafas de trabajo falsas sorprendentemente convincentes disponibles en Facebook.
El propósito de las estafas de trabajos falsos es el mismo que otras estafas, la persona detrás de la estafa quiere extraer información específica de usted que puede usar para su propio beneficio. La mejor manera de protegerse de una estafa de trabajo falsa que se encuentra en Facebook es nunca dar ninguna información personal, cambiar su contraseña cada vez que envíe un mensaje a la persona responsable de la oferta de trabajo e investigue cuidadosamente la compañía que supuestamente publicó el trabajo.
La Estafa Que Involucra Tarjetas de Regalo
La regla general es que si algo suena demasiado bueno para ser verdad, probablemente lo sea. Ese es ciertamente el caso con muchas de las ofertas de tarjetas de regalo que flotan en Facebook. Una de las razones por las que tantas personas son engañadas por las estafas de tarjetas de regalo falsas es que la persona detrás de la estafa piratea una cuenta y hace que parezca que la oferta proviene de un ser querido. Y la redacción es persuasiva y auténtica.
La estafa es doble. Dado que se le pide que haga clic en un enlace y brinde información sobre usted, la persona detrás de la estafa recopila información de usted que puede usar para ayudar a robar su identidad. También le piden que comparta la publicación, lo que les permite conectarse con sus amigos de Facebook para que puedan ejecutar la estafa de la tarjeta de regalo en otras personas.
La mejor manera de evitar verse atraído por una estafa de Facebook es limitar sus acciones en las redes sociales a sólo tratar con personas que conoce bien y siempre confirmar su identidad antes de hacer clic en cualquier enlace o cuenta secundaria.
Teen Marijuana Use in California
Recreational marijuana is legal in California. However, that doesn’t mean that teens are allowed to partake in marijuana.
At this point, it’s legal for anyone who is over the age of 21, to grow, use, and carry marijuana. That age limit is important. If a person is 21 and enjoying some marijuana, they’re fine. The same isn’t true if their 19-year-old friend is doing the same thing.
The one exception to marijuana use in teenagers is if that medical marijuana can be prescribed to anyone who is at least 18 years old. That means that if an 18-, 19-, or 20-year-old has a prescription from a legit doctor, they can legally use marijuana. If a teen is prescribed medical marijuana, they must adhere to the rules laid out in the prescription. The slightest deviation could result in them facing serious legal repercussions.
Teens who are caught illegally in the possession of marijuana will face the same legal consequences they’d face if they were caught with alcohol. As long as the teen is merely in the possession of the marijuana but not using it, they will be charged with an infraction. The consequences of this particular marijuana infraction include a fine, mandatory drug education, and community service.
Teens who are caught operating a car after they have been illegally using marijuana will face the same consequences that they would had they been illegally drinking. In addition to fines and drug counseling, they will face license suspension. The more times they are caught driving while under the influence of marijuana, the more severe the legal consequences become.
At the end of the day, it’s important to make sure teenagers understand that it’s really in their best interest to wait until they are 21 before they experiment with marijuana. While they still have to be careful and make sure they don’t take so much that their ability to drive is impaired, by waiting until they’re legally able to do so, they don’t have to worry about getting into trouble for simply having marijuana in their pockets or tucked into a purse.
Tips for a Peaceful Holiday Family Gathering
This is the season when many of us are getting together with both our immediate and extended family to celebrate the holidays. While this is supposed to be a fun time that is full of joy and shared memories, all of us are painfully aware that whenever a family gathers, there’s always a chance that an argument will break out.
While you might not be able to completely prevent family discourse over the holidays, there are some things you can do that will help you maintain the peace during gatherings.
Know Your Limits
Before getting together with your family for the holidays, take a few moments to access your mental and emotional health. Are you in a good state of mind or do you feel like it wouldn’t take much to push you over the edge? Take another moment to determine how much time you can spend with your family before you find your emotions starting to unravel. Commit yourself to only spending that amount of time at the gathering before you make your excuses and leave. Don’t be afraid to leave early if your family becomes too much. It’s far easier to apologize for leaving early than it is to apologize for getting into a massive argument with your siblings.
Don’t Bring Up Old Problems
Treat this family gathering as a blank slate. Old arguments, complaints, and other issues should be pushed aside and allowed to rest. If you have a problem with how a relative has treated you in the past, try to avoid that particular relative at this particular gathering. Once the holidays are over, you can always call them and try to resolve the issue.
Evaluate Your Attitude
You may not be able to do much about your cranky uncle or bickering parents, but you can do something about your attitude. Instead of approaching the family gathering with a chip on your shoulder, convince yourself to be tolerant and cheerful. This is one of those fake it until you make it situations, when you’re cheerful, even when you’re forcing yourself to be, you’ll notice others respond positively to you. Before you know it, your good attitude will have shifted the gathering’s entire atmosphere and everyone will be having a good time.
4 Things Police Look for When Searching for Drunk Drivers
Most of us have been there at least once in our lives. Even though we were perfectly sober at the time, the police pulled us over for a seemingly silly reason. The reason the police do this is that they have been trained to recognize these relatively minor driving issues as signs that the driver is impaired.
Driving At a Certain Time
It might not be fair, but there are certain times when you’re more likely to be pulled over for a suspected DUI than others. The most common time is between 2 and 3 in the morning. This is when the bars close and people are driving home. Not only are there fewer cars on the road which increases the likelihood of you catching a patrol officer’s eye, but most people who are on the road at that time of the night are leaving a bar or club. This is why so many bartenders are pulled over after they’ve left work.
Driving too Slowly
Weirdly enough, driving too slowly is one of the best ways to be pulled over for a suspected DUI. While there are a few different reasons people will drive slowly, DUI is the most common one. While every person is different, most people who are inebriated drive slowly because their reflexes aren’t as sharp as normal and they’re overcompensating and being overly careful. Not only will the extremely slow driving catch the eye of a passing patrol officer, but your slow driving can also be a road hazard.
Erratic Acceleration and Deacceleration
If you’re rapidly accelerating and deaccelerating for no apparent reason, you shouldn’t be surprised when you spot red and blue lights in your rearview mirror. The inability to gauge how heavily you’re pressing down on the brake and gas pedal are early indicators of inebriation.
Swerving
Swerving in and out of your lane isn’t just a sign of a potential DUI, it’s also dangerous. When you’re drunk, the swerving indicates that you’re having a difficult time staying focused, that you’re not in full control of your motor skills, and that there’s a serious risk of you getting into a serious accident.
Even if you haven’t been drinking, if a cop spots you swerving all over the road, there’s a good chance that in addition to issuing a sobriety test, they’ll also give you a ticket for erratic or reckless driving.
Patrol officers are extremely good at spotting individuals who are DUI and will not hesitate to pull you over and issue an immediate sobriety test. The best way to prevent this from happening is to make sure you always have an alternate way to get home, such as a designated driver or a ride-share pickup, when you’re going out for drinks.
When Does California Permanently Revoke a Driver’s License for DUI?
It’s no secret that if you’re caught driving while under the influence of an illegal amount of drugs or alcohol in California, you’ll not only be arrested and fined but you’ll also be convicted of a misdemeanor and have your driver’s license suspended. In most cases, the hassle of losing their driver’s license and finding alternative means of travel is the worst part of having a DUI conviction. Even for a few months, not being able to drive convinces most drivers to be mindful of how much they imbibe before sliding behind the wheel.
While most people learn their lesson after a single DUI, there are always exceptions. Unfortunately, for one reason or another, some drivers make the same mistake a second time. At this point, many panic about the long-term impact the second conviction will have on their driving privileges and start worrying about just how many DUIs they can have on their record before they permanently lose their California driving privileges.
Anyone who has passed their 21st birthday and is pulled over for suspicion of DUI and has a blood alcohol content (BAC) that is 008% or more will have their driving privileges revoked. The first time this happens, your driver’s license will be suspended for four months. Each time after that initial charge during a ten-year period, the suspension will last a full year.
The situation goes from bad to worse if you refuse to take a BAC or breath test when you’re pulled over by a patrol officer. In this situation, your driver’s license suspension will last for an entire year following your first DUI experience. If this is the second time you’ve been arrested for a DUI offense and refused the test, you’ll be suspended for two full years. The third and subsequent time this happens, your driver’s license will be suspended for a full three years.
Suppose you’re charged with a DUI while you’re currently on probation for a DUI offense. In that case, your driver’s license will be suspended for an additional year in addition to the traditional suspension period. You will also face the serious legal consequences of driving on a suspended license and probably some other traffic violations as well.
The best way to ensure you don’t lose your driving privileges is to be smart and always have a designated driver or ride-share plan when you go out for a night of fun and drinking.
How to Report a Missing Person in California
There is nothing funny about having a friend or family member fail to be where you expect them to be. The problem becomes even worse when you are unable to contact them via a cell phone call.
Many people who are in this situation mistakenly believe that their loved one must be missing for a full 24 hours before they should contact the police. The truth is that you can contact the authorities and set about filing a missing person report as soon as you suspect that something has gone wrong. If the police tell you that you must wait, they’re wrong. You’re legally allowed to file the missing report right away.
Not only are you legally allowed to file the missing person report right away, but doing so is a good idea. The sooner you report your loved one as missing, the sooner the police can be on the outlook for them. It can even be the thing that prompts the police to do a wellness check which could reveal that your loved one isn’t missing, but simply sitting at home ignoring your calls.
If you’re reporting a minor as missing, the police will start looking for them right away. If you’re reporting someone who isn’t a minor or considered an at-risk person as missing and remains at large for more than 72 hours, the police contact the FBI’s National Crime Information Center (NCIC) and have your loved one officially listed as an endangered adult. This is a crucial step as it gets your loved one’s information into a national database, making it easier for different law enforcement groups to report a sighting or to take an interest in the case.
Don’t assume that just because you’ve reported a loved one as missing that the police will bring your loved one directly to you once they’ve been found. If your loved one is over 21 years old and doesn’t have a history of mental health problems and hasn’t committed a crime, there is little the police can legally do once they’ve been located.
While the police can’t force your loved one to return and they can’t provide you details about where your loved one is currently located, it’s highly likely that they will let you know that you’re loved one is safe and appears to be of sound mind and spirit.
How to Clear your Criminal Record in California
Having a criminal record adversely impacts your life. Depending on the severity of the convictions, your criminal record can make it difficult for you to find housing, establish relationships, and secure some jobs. The fact that you’re living in the technological age where anyone with internet access has the ability to locate your criminal history makes your criminal record even more impactful than it would have been twenty or thirty years ago.
The good news is that with some charges in California, it’s possible to clean up your criminal history and have the charges removed from your history, therefore lessening the negative impact your poor choices have on your future.
The first thing you need to understand is that while it’s possible to have some convictions removed from your criminal history, not all types of convictions are removable. The more serious the offenses, the less likely you’ll be able to get them removed.
The second thing you should understand is that while you may be able to remove some of the convictions from your record, there will remain a history of the court case and investigation so it’s possible that someone who is interested enough to really dig deep into your history will find a trace of your criminal activity.
Expungement is the term used to describe the act of cleaning up your criminal history in California. While many minor offenses are eligible for expungement, if your sentence included you spending time in one of the state prisons, it’s unlikely you’ll be able to clear your record.
You also must have successfully completed every single aspect of your sentencing before expungement even becomes a possibility. That could include serving time in a county jail, performing community service, finishing probation, and making restitution.
Once you’ve completed your entire sentence, you can petition the court about getting the charges expunged from your criminal history. It’s important to note that not everyone who files for expungement will have their request granted. However, if the offenses were minor, there’s nothing to show you’re going to be a habitual offender, and you’ve completed your sentence in a timely manner, it’s likely your request will be granted.
The best thing about having your record expunged is that once the process is complete, future employers and landlords won’t find any criminal history when they perform a background check, making them far more likely to accept you for a position on their team or as a tenant.
Tips for Earning a Little Extra Money This Holiday Season
Times are tough right now. We could all use a little extra income, especially with the holidays right around the corner. The good news is that now is a great time to explore the possibility of a side hustle that will put some extra money in your pocket.
Consider Drive Share Programs
If you like to drive and have reliable transportation, you may consider joining a drive-share program. With so many people worried about the possibility of getting drunk at holiday parties, they are turning to drive-share programs for a designated drivers. Demand for drive shares is high during the holidays.
While it’s possible to make some really good money while doing a drive-share program, you do need to consider how much wear and tear it will put on your car as well as the possibility that your car insurance rates will go up. You need to calculate these expenses against your possible earnings.
A Second Job
The holidays are a great time to look for a second job. Many businesses are hiring seasonal labor to get them through the holiday season. If you think a seasonal job is a great way to earn some additional money this holiday season, look for one that:
- Can be scheduled around your current employment
- Offers a decent hourly salary
- Provides a steady schedule during the time you’re working there
- Is a relatively short commute
Spare Jobs
Check out a local job board or community social media page. You’ll likely find a few people actively looking for someone to clean their house, do some yard work, watch their kids, or do some sort of other odd jobs. These spontaneous odd jobs can be a great source of extra income during the holidays. If you’re going to pick up a few odd jobs make sure that you and the person who is hiring your services are very clear about the type of work you’ll be doing, how long they’ll need your assistance, and how much you’ll be paid. It’s in your best interest to get as much on a contract as possible.