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Understanding a Possession with Intent to Sell Charge in California

Posted on by Shawn George

A possession with intent to sell charge in California is more than just a drug offense—it is a serious accusation that can upend your life. Unlike simple possession, this charge suggests you intended to distribute drugs, which can result in a felony conviction, harsher penalties, and long-term consequences. The legal system does not always get it right, and many people face overcharged offenses based on circumstantial evidence. Law enforcement often assumes intent to sell simply because of the quantity of drugs, packaging materials, or cash on hand—even if there was no actual intent to distribute. At the Law Offices of Shawn M. George, APC, we believe every client deserves a strong defense. If you or a loved one is facing possession with intent to sell charges, do not navigate this alone. Understanding your rights, the legal process and possible defense strategies is the first step toward protecting your future.

What Does Possession with Intent to Sell Mean?

Under the California Health and Safety Code, possession with intent to sell occurs when someone knowingly possesses a controlled substance and intends to distribute it. To prove this charge, the prosecution must establish:

  • Possession. The defendant had actual, constructive, or joint possession of a controlled substance.
  • Knowledge. The accused knew about the presence of the drug and understood it was illegal.
  • Intent to sell. The drugs were meant for distribution rather than personal use.

Authorities can rely on circumstantial evidence, such as the quantity of drugs, the presence of packaging materials, large cash amounts, or digital communications suggesting sales. However, assumptions about this evidence can be challenged in court. Even when certain evidence appears to support the prosecution, an experienced defense attorney may be able to show that the prosecution misinterpreted data or evidence or that law enforcement made procedural errors, which can potentially lead to lesser charges or dismissal.

Defenses Against a Possession with Intent Charge

If you’re charged with possession with intent to sell in California, an experienced attorney can challenge your charge using multiple defenses. Possible arguments include:

  • Illegal search. Evidence obtained through unconstitutional searches may be inadmissible.
  • Lack of intent. Mere possession does not prove intent to distribute. The prosecution must prove intent beyond a reasonable doubt.
  • Insufficient evidence. If the prosecution’s evidence fails to prove even one element of the crime, you cannot be convicted. 
  • Entrapment. Defendants coerced by law enforcement into committing an offense may be able to use this defense. 
  • Lack of knowledge. Evidence that you were unaware of the drugs’ presence may help undermine the prosecution’s case.

A defense attorney will evaluate the circumstances and identify the best legal strategy. A strong legal defense can mean the difference between a felony conviction and a case dismissal or reduced charge.

How Does the Prosecution Prove Intent to Sell?

Prosecutors rely on various factors to establish intent to sell, including:

  • Quantity of drugs. Significant quantities tend to suggest the distribution of drugs rather than mere personal use.
  • Packaging materials. The presence of baggies, scales, or similar items may indicate intent to sell.
  • Cash or transaction records. Large sums of money or messages referencing sales may be used as evidence.
  • Location of arrest. Being in a known drug-dealing area can contribute to suspicions, especially if the defendant lives in that area.

While each of these elements can help support a charge, they do not always prove guilt, especially alone. Individuals can undoubtedly possess large amounts of substances for personal use or have cash for legitimate reasons. A strong defense can challenge circumstantial evidence in court.

Is Possession with Intent to Distribute a Felony in California?

In California, most possession with intent to distribute cases are charged as felonies, with penalties that depend on the type and quantity of the substance involved. Sentencing depends on the type and amount of the controlled substance. Typical penalties include significant fines, the potential for prison time, enhanced sentencing or probation restrictions, and a permanent criminal record. Examples include:

  • Non-marijuana drug charges. Convictions carry two to four years in prison and fines up to $20,000.
  • Marijuana-related charges. Selling marijuana without a license remains illegal, punishable by up to three years in jail.
  • Enhanced sentencing. Possession of over one kilogram of an illegal substance may lead to three- to 25-year sentence enhancements. Enhanced sentencing increases the potential penalty for a crime based on certain factors, such as repeat offenses or the use of weapons.
  • Selling near schools or to minors. Distribution within 1,000 feet of a school or distribution involving minors usually results in harsher penalties.

Certain aggravating factors, such as prior drug offenses or selling near schools, can increase penalties significantly, so mounting a strong defense is crucial. Because felony drug convictions carry lasting consequences, securing legal representation is essential to help you pursue alternatives or seek reduced sentencing.

Can Charges Be Reduced to Simple Possession?

In some cases, possession with intent charges can be reduced to simple possession, which carries lesser penalties. Reduction is more likely if:

  • The amount of drugs was small,
  • No strong evidence of intent to sell exists,
  • The defendant has no prior drug convictions, or
  • A rehabilitation or diversion program is available.

Under proposed California law, commonly referred to as  Proposition 36, eligible defendants may qualify for treatment-focused alternatives to incarceration.

When circumstances allow, reducing a felony drug charge to a lesser offense can help protect a defendant’s future opportunities.

What to Do If You Are Charged with Possession with Intent to Sell

Taking immediate action after being charged can significantly impact the outcome of a case. Key steps include:

  • Remain silent. Do not discuss anything related to the charges with law enforcement without legal counsel. Any statements made by you can be used as evidence against you.
  • Document the arrest. Write down events, including the location and actions of officers.
  • Consult a defense attorney. Legal representation is essential to protecting your rights.

A proactive approach allows a lawyer to challenge evidence, negotiate plea deals, or seek case dismissal.

The Right Defense Can Change Everything

A possession with intent charge does not mean a conviction is inevitable. Charges may be challenged, reduced, or even dismissed with the right legal strategy. Prosecutors of intent to sell cases often have to rely on circumstantial evidence, but a strong defense can expose potential flaws in their case, fight for reduced penalties, and work to protect your freedom. The sooner you obtain counsel, the better your chances of a favorable outcome. If you or someone you know is facing drug charges, do not wait to get legal help. Contact the Law Offices of Shawn M. George, APC,  today for a confidential consultation. A local attorney with years of courtroom experience can make all the difference—let us fight for you.

Sources:

  • California Health and Safety Code Section 11350(a)
  • California Health and Safety Code Section 11352
  • California Health and Safety Code Section 11353
  • California Penal Code Section 1211

Understanding DUI Charges and How to Defend Against Them

Posted on by Shawn George

Understanding DUI Charges and How to Defend Against Them

Driving under the influence (DUI) is a serious offense that can have lasting consequences. If you or someone you know has been charged with DUI, it’s essential to understand the laws, potential penalties, and defense strategies.

What is a DUI?

DUI occurs when a driver operates a vehicle while impaired by alcohol or drugs. In most states, a blood alcohol concentration (BAC) of 0.08% or higher constitutes a DUI. However, even lower BAC levels can result in charges if the driver exhibits signs of impairment.

Potential Penalties for DUI

Penalties for DUI convictions vary by state and severity of the offense. Common consequences include:

  • Fines and court fees
  • License suspension or revocation
  • Mandatory alcohol education programs
  • Probation or community service
  • Jail time, especially for repeat offenses
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Possible DUI Defenses

If you’ve been charged with DUI, there are several defense strategies that may help your case:

  1. Improper Stop – If law enforcement did not have reasonable suspicion to pull you over, your case could be dismissed.
  2. Inaccurate Field Sobriety Tests – These tests can be affected by medical conditions, uneven surfaces, or poor instructions from officers.
  3. Faulty Breathalyzer or Blood Test – Breathalyzers must be properly calibrated, and blood samples must be correctly handled to ensure accuracy.
  4. Rising BAC Defense – Your BAC may have risen after being stopped but before testing, meaning you were below the legal limit while driving.
  5. Violation of Rights – If police fail to read your Miranda rights or conduct an unlawful search, evidence against you may be suppressed.

“ I’m so glad I reached out to this Law Firm which I had found here on Yelp. We were desperately in need of a Lawyer to take over our case since we are in a completely different State. Los Baños Ca is really lucky to have such and amazing & professional Law Firm in their Town.  “

Aracely M., Kent, WA

What to Do If You’re Charged with DUI

If you’re facing DUI charges, follow these steps to protect your rights:

  • Remain Silent – Avoid making statements that could be used against you.
  • Document Everything – Take note of the events leading up to and after your arrest.
  • Seek Legal Representation – A DUI attorney can evaluate your case and build a strong defense strategy

Conclusion

A DUI charge does not automatically mean a conviction. Understanding your rights and possible defenses can make a significant difference in the outcome of your case. If you or a loved one is facing DUI charges, consult an experienced DUI attorney to explore your legal options and fight for the best possible result.

If you need legal assistance with a DUI charge, contact our experienced team today for a consultation.

​​Common Juvenile Crimes and Their Consequences

Posted on by Shawn George

Imagine the phone call. The knock on the door. The words that freeze your blood: Your child has been arrested. Panic. Fear. Disbelief. You’re not alone. Thousands of families confront the agonizing reality of juvenile crime every year. It’s not just about legal jargon and courtrooms; it’s about the shattered trust, the sleepless nights, and the desperate hope for a second chance. We’ll explore the most common juvenile crimes that are tearing families apart and uncover the hidden consequences when charged as a juvenile that can haunt your child for years. But more importantly, we’ll show you that there is hope. We understand the emotional rollercoaster at the Law Offices of Shawn M. George, APC. We fight for your child’s future because we know their mistakes don’t define them. Let’s navigate this nightmare together.

What Are the Most Common Juvenile Crimes?

What crimes do juveniles commit the most? While there is no definitive list, the answer often includes offenses that range from property crimes to violent acts. Some of the most common juvenile crimes in California include:

  • Gun possession and firearm offenses. Juveniles who illegally possess firearms are a growing concern. Minors found illegally carrying or using guns may face severe consequences, including felony charges. 
  • Assault or battery. Causing imminent fear of a physical altercation or fighting can result in charges with potential long-term consequences.
  • Drug possession. Juveniles caught with illegal substances face penalties that can include probation, community service, or even detention.
  • Underage drinking and DUI. Possessing alcohol as a minor is illegal, and driving under the influence can lead to severe penalties.
  • Theft and shoplifting. Many juveniles are charged with stealing from stores or individuals. Depending on the value of the stolen property, this can result in misdemeanor or felony charges.
  • Vandalism. Crimes involving defacing property, graffiti, and destruction of property are frequent offenses among minors.
  • Truancy. Repeated unexcused absences from school can lead to legal action against the student and their parents.

Although juvenile offenses may initially seem minor, they can have lasting consequences, making legal representation essential.

How Does the Juvenile Court Process Work?

The juvenile court system in California operates differently than the adult system. The focus is on rehabilitation rather than punishment, but the process still involves multiple stages:

  • Arrest and detention. When a minor is arrested, the child may be released to their parents or remain in a juvenile detention center while awaiting a hearing.
  • Detention hearing. If the minor is held, the judge will determine whether they should remain in custody or be released.
  • Motion to modify custody status. This motion advocates for the juvenile’s release or transfer to a less restrictive environment, such as electronic monitoring, home supervision, or a community-based program. The modifications are based on behavioral improvements or changes in circumstances.
  • Contested hearing. Like a trial, it allows both the prosecution and defense to present their cases. However, there is no jury, and the judge makes the final decision.
  • Disposition hearing. If the juvenile is found guilty, this phase determines the penalties, including probation, counseling, or placement in a juvenile facility.

A skilled attorney is essential at every stage of this process to advocate for the juvenile’s rights and work toward a favorable outcome.

What Are the Consequences When Charged as a Juvenile?

Being charged as a juvenile can affect a young person’s life. The juvenile justice system focuses on rehabilitation, but penalties can still be severe. Some possible consequences include:

  • Community service—service hours to make amends for their actions;
  • Fines and restitution—financial penalties or the requirement to compensate victims for damages; 
  • Probation—strict supervision with curfews, school attendance requirements, and mandatory counseling;
  • Detention—in more severe cases, a minor may be sentenced to time in a juvenile detention facility; and
  • Criminal record implications—juvenile records are often sealed, but some offenses may carry long-term consequences, affecting employment and education opportunities.

Even though juvenile offenders receive different treatment than adults, facing the court system can be overwhelming. Experienced legal representation can significantly affect the outcome of a case.

Our Role

At the Law Offices of Shawn M. George, APC, we recognize that juveniles deserve a second chance. Our firm is committed to protecting rights and guiding our clients through the complexities of the legal system. Unlike other law firms, we take the time to listen to each client’s story, understand their unique circumstances, and craft a defense strategy that prioritizes their future. With extensive experience handling juvenile cases, we work tirelessly to achieve the best possible outcome for every client. Here’s how we can help:

  • Case evaluation and defense strategy. We analyze all evidence, interview witnesses, and build a defense tailored to the case’s specific circumstances.
  • Negotiating alternative sentencing. We seek rehabilitation-focused alternatives such as diversion programs, counseling, or community service instead of detention.
  • Sealing records. We help clients petition the court to seal juvenile records, allowing them to move forward without a criminal history impacting their future.
  • Parental guidance and support. Your child is our client, but we will provide information and emotional support to parents who are navigating the complexities of the juvenile justice system.

No family should have to face the juvenile justice system alone. Our firm provides the legal representation and guidance needed to protect your child’s rights and future.

Take Action to Protect Your Child’s Future

A juvenile charge does not have to define your child’s future. With the proper legal representation, there are options to mitigate penalties, explore rehabilitation programs, and prevent lasting consequences. At the Law Offices of Shawn M. George, APC, we are committed to fighting for young clients and helping families confidently navigate the legal system.

If your child has been arrested or is facing charges, contact us today to discuss your options. The sooner you act, the more opportunities to secure the best possible outcome.

Resources

California Penal Code §29610, link

California Penal Code §626.9, link

California Penal Code §240, link

California Penal Code §242, link

California Health and Safety Code §11350(a), link

California Health and Safety Code §11357, link

California Business and Professions Code §25662(a), link

California Department of Motor Vehicles, Driving Under the Influence, link

California Penal Code §484, link

California Penal Code §487, link

California Penal Code §594, link

California Education Code §48260, link

California Welfare and Institutions Code §707(b), link

California Welfare and Institutions Code §781(a), link

The Consequences of Failure to Stop at a Stop Sign

Posted on by Shawn George

Imagine driving through an intersection when suddenly, another vehicle speeds through a stop sign, narrowly missing your car. Your heart pounds, adrenaline surges—this moment could have changed your life. Running a stop sign might seem minor, but the consequences can be severe. A stop sign violation in California can lead to fines, points on your driving record, and even increased insurance rates. More importantly, failing to stop at a stop sign risks lives. This article will examine the legal consequences of a stop sign violation, answer common questions about penalties, and explain how the Law Offices of Shawn M. George, APC, can help if you receive a citation.

Where to Stop at a Stop Sign

Many drivers misunderstand precisely where to stop at a stop sign, which can lead to traffic citations. Under California law, a driver must come to a complete stop at one of the following locations:

  • Before the limit line, if there is one painted on the roadway;
  • Before entering a crosswalk, whether marked or unmarked; or
  • If no crosswalk or limit line exists, a driver must stop at the nearest point where they can see approaching traffic.

Failure to stop correctly at any of these points can result in a stop sign violation, which carries fines and other penalties. Even rolling through a stop, sometimes called a “California roll,” is illegal and can result in a citation.

Penalties for a Stop Sign Violation in California

Running a stop sign can lead to various penalties, which increase in severity depending on the circumstances. Here are the primary consequences:

  • Fines and court fees. In California, a fundamental stop sign violation typically carries a $200 to $500 fine, depending on the county and any additional fees.
  • Points on your driving record. The Department of Motor Vehicles (DMV) will add one point to your driving record under the Negligent Operator Treatment System (NOTS).
  • Traffic school eligibility. If you have a clean driving record, you may be eligible for traffic school to prevent the point from affecting your insurance rates.
  • Increased insurance premiums. A stop sign violation can raise insurance premiums, especially for repeat offenders.

Even a single violation can impact your record and finances. Accumulating too many points may result in license suspension.

What Happens If You Ignore a Stop Sign Ticket?

Ignoring a stop sign violation ticket in California can have serious consequences beyond the initial fine. If you fail to pay the ticket or contest it in court, the following may occur:

  • Increased fines—the court may impose additional penalties for non-payment;
  • Misdemeanor—failure to appear in court or pay the fine can result in a misdemeanor added to your record; and
  • A warrant for your arrest—while uncommon for traffic infractions, repeated failures to address citations may result in a warrant being issued.

Acting promptly is crucial to avoiding these penalties. If you are unsure how to handle your ticket, seeking legal guidance from the Law Offices of Shawn M. George, APC, can help you explore your options and potentially reduce or dismiss the violation.

Can You Go to Jail for Hitting a Stop Sign?

A common question is: Can you go to jail for hitting a stop sign? The answer depends on the circumstances surrounding the incident:

  • Property damage only. Generally, it is an infraction if you hit a stop sign and cause property damage, but do not flee the scene. You may be required to pay for repairs but will not face jail time.
  • Hit and run. If you leave the scene without reporting the damage, you could be charged with a misdemeanor, which may include jail time and a fine of up to $1,000.
  • Driving under the influence (DUI). If you were under the influence of alcohol or drugs when you hit the stop sign, you could face DUI charges, which may include fines, license suspension, and jail time.

Hitting a stop sign does not usually result in jail time unless the incident involves other offenses, such as reckless driving or DUI.

Defenses Against a Stop Sign Violation

If you received a citation for a stop sign violation, you might be able to contest the charge in court. Possible defenses include:

  • Obstructed stop sign. If a stop sign was blocked by trees, construction, or another obstruction, you may argue that it was not clearly visible.
  • Incorrect stop location. If an officer mistakenly cited you for stopping in the wrong place, you can provide evidence that you stopped correctly.
  • Officer’s error in judgment. Traffic stops are subjective, and sometimes officers issue citations based on incorrect observations.
  • Dashcam or witness evidence. Video footage or witness testimony can help prove you made a complete stop.

Fighting a stop sign ticket requires strong legal arguments. The Law Offices of Shawn M. George, APC, offers skilled defense representation, leveraging years of legal experience to help clients challenge unfair citations.

The Role of the Law Offices of Shawn M. George, APC

At the Law Offices of Shawn M. George, APC, we do more than defend traffic tickets—we protect your rights and driving record. Unlike other firms, we provide personalized legal representation and take the time to analyze each case in detail. Attorney Shawn M. George brings extensive experience in traffic law and courtroom advocacy, giving clients the best possible chance to fight unjust charges. His dedication to legal excellence has earned him recognition as a Super Lawyers Rising Star in both 2021 and 2022, a distinction awarded to only a select percentage of attorneys for their professional achievement and peer recognition.

We understand that even a minor traffic violation can have long-term consequences. Whether you are facing fines, license points, or increased insurance rates, we are here to guide you through the legal process.

Call Us Today

A stop sign violation may seem minor, but the consequences can quickly increase. If you need legal representation, the Law Offices of Shawn M. George, APC, is ready to help. With the proper defense, you may be able to reduce or dismiss the charges against you. Contact our firm today to discuss your case and explore your legal options.

Resources

NerdWallet.com, Average car insurance rates after a speeding ticket in California, link

California DMV, Negligent Operator Actions, link

California Courts Self-Help Guide, Guide to traffic tickets—If you ignore the ticket, link

California Vehicle Code §40508(b) and (c), link

California Penal Code §1214.1(c), link

California Vehicle Code §20002(c), link

California Vehicle Code §23152, link

Out-of-State Traffic Ticket: What to Do Next

Posted on by Shawn George

Receiving a traffic ticket while driving in another state can lead to unexpected consequences. Many drivers wonder: If I get a speeding ticket in another state, do I get points on my license? The short answer depends on California’s interstate traffic violation policies and the agreements between states. In many cases, an out-of-state ticket follows you home, potentially adding points to your California driving record and affecting your insurance rates.

Ignoring a ticket from another state is not an option. Unpaid fines can lead to license suspension, additional fees, or even a warrant in the issuing state. The Law Offices of Shawn M. George, APC, can help you understand the implications of an out-of-state citation and take the right steps to handle the situation without unnecessary penalties.

Will an Out-of-State Speeding Ticket Add Points to My License?

California participates in the Driver’s License Compact (DLC), an agreement that allows most states to share traffic violation records. As a result, a speeding ticket in another state can get you points on your license. Additionally, speeding, reckless driving, and other moving violations may appear on your driving record. In contrast, non-moving violations like parking tickets typically do not carry over. 

California generally does not assign points for minor infractions from other states. However, serious violations like DUI or excessive speeding can lead to license suspensions and increased insurance rates. A traffic attorney experienced in multi-state violations can help you determine whether an out-of-state citation will affect your record.

Do Out-of-State Tickets Affect Insurance?

Insurance companies routinely review driving records. If your out-of-state ticket results in points on your California license, your insurer may increase your premiums based on the following factors:

  • Minor infractions. A single, low-level speeding ticket may not immediately raise insurance rates, but multiple violations can add up.
  • Serious offenses. Reckless driving or DUI almost always leads to higher insurance costs, regardless of where the violation occurred.
  • Non-point violations. Some insurers review tickets that do not add points but still raise rates based on perceived risk.

If you receive an out-of-state citation, paying it promptly or contesting it may help you avoid long-term financial consequences.

What Happens If You Get a Ticket in Another State?

Each state has its process for handling traffic violations, but Californians must be aware of potential consequences. Ignoring an out-of-state ticket can lead to license suspension, late fees, or even a warrant issued in the state where the violation occurred. Some states report traffic infractions to the California Department of Motor Vehicles (DMV), which means the ticket could appear on your driving record and affect your insurance rates.

If you fight the ticket, you may be required to appear in court in the issuing state, though some states allow written defenses or attorney representation on your behalf. Additionally, if an unpaid ticket results in a license suspension, California may enforce that suspension until you resolve the matter. Taking quick action—contesting, paying, or negotiating the fine—helps prevent unnecessary penalties and protects your driving record.

How to Handle an Out-of-State Traffic Ticket

Receiving a traffic ticket in another state can be stressful, but properly handling it can prevent unnecessary penalties, higher insurance rates, and potential issues with your California driver’s license. Follow these steps to minimize the impact on your record and finances.

Determine Whether the Ticket Affects Your California License

Start by checking whether the other state will report the violation to the California DMV. Contact the California DMV or the traffic court in the state where the ticket was issued to determine if the violation will carry over. 

Review Your Payment and Contestation Options

Every state has its system for handling traffic citations, and how you respond depends on the options the issuing state provides. Some states allow online payment portals for quick resolution, while others may require payments by mail or an in-person visit to a courthouse. If you contest the ticket, research whether the state allows written defenses, online hearings, or attorney representation on your behalf. Certain states mandate court appearances for serious offenses, which could require traveling back to handle the case.

Decide Whether to Fight the Ticket

If you believe the ticket was issued unfairly, consider contesting it. Factors that could be grounds for dismissal or reduction include:

  • Faulty speed traps, 
  • Unclear signage, and 
  • Mistaken identity. 

Check whether fighting the ticket will require a court appearance in the issuing state or if alternative options exist. Some jurisdictions allow defensive driving courses or plea agreements that reduce fines and prevent points from transferring.

Consult with a California Traffic Attorney 

Consulting a traffic attorney may be beneficial if the ticket carries severe penalties—such as license suspension, heavy fines, or points that could significantly impact your insurance rates. An attorney familiar with the issuing state’s traffic laws can help you:

  • Reduce the fine, 
  • Challenge the violation,  
  • Negotiate lesser penalties, and 
  • Help prevent points from transferring to your California driving record.

By proactively handling an out-of-state traffic ticket, you can prevent unnecessary consequences, avoid excessive fines, and protect your driving record. Whether you pay, contest, or seek legal help, taking the proper steps ensures that a single ticket does not lead to long-term problems.

Learn More About Your Options After Getting an Out-of-State Traffic Ticket

Dealing with an out-of-state traffic ticket can be frustrating, but ignoring it can have serious consequences. Taking the right steps can help you avoid unnecessary penalties. The Law Offices of Shawn M. George, APC, understands how to deal with tickets from other states effectively and can help you explore your options. Whether you need to fight the ticket, negotiate a reduction, or prevent points from transferring to your record, we are here to guide you. Call the Law Offices of Shawn M. George, APC, today to schedule a free consultation. 

Navigating the California DUI Court Process: What to Expect

Posted on by Shawn George

Facing driving under the influence (DUI) charges in California can feel overwhelming. From being arrested to negotiating with prosecutors and going through court hearings, it can feel as if your world is being turned upside down. The legal system is complex, and potential penalties are severe. Understanding the DUI court process and having the guidance of an experienced attorney is crucial for protecting your rights and preparing a strong defense. At the Law Offices of Shawn M. George, APC, we provide skilled legal advocacy to help clients navigate each stage of their DUI case.

Understanding the DUI Process in California

A DUI charge follows a structured process, from the initial arrest to potential sentencing. Each stage provides opportunities to challenge evidence, negotiate a plea deal, or seek a case dismissal.

Step 1: Arrest and Booking

A DUI case begins when law enforcement stops a driver suspected of being under the influence. The arrest process typically includes the following:

  • A field sobriety test and breathalyzer test,
  • Transportation to the police station or jail for booking, 
  • A chemical test to determine blood alcohol concentration (BAC), and
  • Release on bail or a written promise to appear in court.

If a driver’s BAC is 0.08% or higher, a DUI charge is likely. However, drug-related DUI arrests and cases involving reckless driving can result in charges even with a lower BAC. Law enforcement documents slurred speech, erratic driving, and test performance as additional evidence.

Step 2: DMV Hearing

In addition to criminal proceedings, the California Department of Motor Vehicles (DMV) initiates a hearing to determine whether to suspend the driver’s license. You generally have 10 days from the arrest date to request this hearing. However, the license is automatically suspended after 30 days if you do not request a hearing.

During the hearing, the DMV officer reviews police reports, test results, and witness statements. A DUI attorney may highlight improper breathalyzer calibration, lack of probable cause for the stop, or procedural errors. A successful argument can prevent immediate license suspension while the case proceeds in court.

Step 3: Arraignment

The arraignment is the first formal court appearance in a DUI case. During this stage:

  • The judge reads the official charges;
  • Possible penalties and rights are explained;
  • A plea of guilty, not guilty, or no contest is entered; and
  • Bail conditions may be modified or set.

Having a DUI defense attorney present at the arraignment helps defendants understand their options and make informed decisions.

Step 4: Pretrial Motions and Negotiations

Before trial, the defense and prosecution engage in pretrial motions and plea negotiations. The defense may:

  • Challenge the admissibility of BAC test results if law enforcement failed to follow proper procedures,
  • File motions to suppress evidence obtained through improper searches or illegal stops, and
  • Negotiate reduced charges or alternative sentencing options.

Many DUI cases are resolved before trial through plea deals. In some cases, you may negotiate a “wet reckless” charge (reckless driving involving alcohol), leading to reduced penalties and avoiding a mandatory license suspension.

Step 5: DUI Trial

If no plea agreement is reached, the case proceeds to trial, where the prosecution must prove guilt beyond a reasonable doubt. A DUI trial involves:

  • Jury selection (if applicable);
  • Opening statements from both sides;
  • Presentation of evidence, including officer testimony and BAC test results;
  • Cross-examination of witnesses; and
  • Closing arguments and jury deliberation.

A strong defense may focus on inaccurate breathalyzer results, procedural errors, or inconsistent witness statements. The trial outcome depends on the strength of the evidence and the defense strategy.

Step 6: Sentencing and Penalties

If convicted, DUI penalties depend on prior offenses, BAC level, and case details. Possible consequences include:

  • First-offense DUI—fines up to $1,000, six-month license suspension, DUI education programs, and up to six months in jail;
  • Second-offense DUI—increased fines, a two-year license suspension, longer DUI programs, and possible jail time;
  • Third or subsequent DUI—felony charges, three-year license suspension, ignitions interlock device (IID) requirements, and extended incarceration; and
  • Aggravating factors—high BAC, accidents, injuries, or refusing chemical tests can lead to enhanced penalties.

In some cases, alternative sentencing options like probation, alcohol treatment programs, or house arrest may be available. A DUI attorney can explore options to reduce penalties and argue for a favorable outcome.

How Long Does a DUI Case Take in California?

Many clients ask, How long does a DUI case take in California? The timeline varies based on the complexity of the case, court availability, and legal strategy. A typical first-time DUI case may conclude within two to six months, while more complicated cases can take a year or longer.

Factors influencing how long a DUI case may last include:

  • Case complexity. Additional hearings and legal motions may extend the process if the case involves disputed evidence, prior offenses, or aggravating factors.
  • Court backlogs. Some California counties have busier court dockets, which could delay hearings and trial due to high case volume.
  • Negotiations vs. trial. An early plea deal can help to resolve a case within a few months. However, the case can extend to six months or longer if it goes to trial.
  • DMV proceedings. The administrative DMV hearing process occurs separately from the criminal case. Even if the court case resolves quickly, the license suspension process through the DMV may take additional time.
  • Pretrial motions and investigations. If the defense files motions to suppress evidence, requests expert testimony, or challenges BAC results, these actions can lengthen the timeline.

Each DUI case is unique, and legal representation can help streamline the process while ensuring that every available defense is explored. Working with an experienced DUI attorney can significantly affect the case timeline and overall outcome.

How a DUI Attorney Can Help

At The Law Offices of Shawn M. George, APC, we provide experienced legal guidance at every stage of the DUI process in California. Our firm offers:

  • Legal representation from the moment of arrest to protect client rights,
  • Strategic defense planning to challenge evidence and seek case dismissals,
  • Negotiation with prosecutors to minimize charges and explore alternative sentencing, and
  • Courtroom advocacy to present the strongest possible defense.

A skilled DUI lawyer can make a significant difference in the outcome of your case.

Contact Us for a DUI Defense Consultation

If you or a loved one is facing DUI charges, seeking legal counsel as soon as possible is crucial. Prosecutors start working on your case immediately, and you should have someone in your corner doing the same. The DUI court process is complex and difficult to navigate alone, but The Law Offices of Shawn M. George, APC, is here to help. Contact our firm today to discuss your case and start building your defense.

Is “Hit and Run” a Misdemeanor or a Felony in California?

Posted on by Shawn George

Fleeing the scene of an accident in California can lead to serious legal consequences. The classification of a hit-and-run as a misdemeanor vs. felony depends on the details of the incident. California law differentiates between cases involving only property damage and those that result in injury or death. Understanding these distinctions is crucial if you are facing charges or need to protect your legal rights.

Making the determination of a misdemeanor vs. felony hit-and-run can be difficult. You should not have to navigate a complex legal system alone when dealing with these charges. At the Law Offices of Shawn M. George, APC, we have extensive experience helping clients charged with a hit and run and ensuring they have a strong defense to the case against them. 

Misdemeanor Hit and Run in California

A hit-and-run is considered a misdemeanor when the only damage is to property. Failing to stop and provide the required information can lead to criminal charges even if no one is injured.

Under California law, leaving the scene of an accident without identifying yourself when only property damage occurs is a misdemeanor. This applies to situations where another vehicle, a parked car, or other property is damaged.

To secure a conviction for misdemeanor hit-and-run, prosecutors must prove that:

  • You were involved in an accident;
  • The crash resulted in property damage; and
  • You failed to stop and provide the other party with your contact and insurance information or leave a note if the owner was absent.

Failure to meet these legal obligations can result in fines, jail time, and a criminal record that can affect one’s driving privileges and future opportunities.

Felony Hit and Run in California

When a hit-and-run results in injury or death, the legal consequences increase significantly. Failing to stop and provide assistance can result in felony charges, even if you were not responsible for the accident.

Fleeing the scene after an accident that causes injury or death is considered a felony under California law. Even if you were not at fault, failing to stop and provide aid or contact authorities can lead to felony charges.

For a felony conviction, the prosecution must establish the following:

  • You were involved in an accident that caused injury or death;
  • You were aware that the crash occurred; and
  • You failed to stop, provide aid, or exchange necessary information with others involved.

A felony conviction carries severe penalties, including prison time, hefty fines, and long-term consequences for your criminal and driving record.

Penalties for a Hit-and-Run in California

Both misdemeanor and felony hit-and-run offenses carry severe consequences in California. A misdemeanor conviction may result in: 

  • A $1,000 fine, 
  • Up to six months in jail, 
  • Three years of probation, and 
  • Two points on your driving record.

 A felony conviction carries:

  • Fines up to $10,000, 
  • Up to four years in prison, 
  • License suspension, and 
  • Restitution.

A felony charge also creates a permanent criminal record, affecting employment and other opportunities. If the accident caused a fatality, vehicular manslaughter charges could increase penalties even further.

Legal Defenses Under California Hit and Run Laws

Defending against a hit-and-run charge requires a strong legal strategy. Under California hit-and-run laws, several defenses may be available depending on the specifics of the case. 

You Were Unaware of the Accident

Not every accident is immediately noticeable. In some cases, drivers may not realize that a collision occurred, particularly in minor scrapes or low-impact incidents. California law requires prosecutors to prove that a driver knew or reasonably should have known about the accident. Charges may be reduced or dismissed if the prosecution cannot establish that you were aware of the collision. An attorney may use evidence such as lack of visible damage, witness statements, or video footage to support this defense.

You Were Not the Driver

A wrongful accusation can occur if someone else was operating your vehicle at the time of the accident. Law enforcement may assume the registered owner was driving, but that is not always true.

This defense is particularly strong if you can provide witness testimony, surveillance footage, alibi evidence, or proof that your vehicle was stolen. Additionally, if someone borrowed your car without permission or another driver falsely gave your name, an attorney can present this evidence to challenge the allegations against you.

You Stopped and Provided Information

Sometimes, misunderstandings occur, and a driver may have complied with the law but still face charges. California law requires drivers to stop at the scene, provide identifying information, and offer aid if needed. However, a police officer or witness may incorrectly assume you left without fulfilling these duties. Evidence such as phone records, dashcam footage, witness statements, or a police report can demonstrate that you stopped or attempted to report the incident. 

An Emergency Required You to Leave

Certain emergencies may justify leaving the scene before exchanging information, such as:

  • A medical emergency, 
  • Immediate threat to safety, or 
  • An urgent need to seek help.

For example, if you experienced a medical event, such as a heart attack, leaving the scene to seek medical attention may be reasonable. Similarly, fear for your safety due to road rage, an aggressive driver, or an unsafe environment may legally justify your. 

Courts also consider whether you made a reasonable effort to report the accident as soon as possible. Providing medical records, 911 call logs, or witness statements can strengthen this defense and demonstrate that you did not intend to evade responsibility.

Speak with a California Hit-and-Run Defense Attorney Today

A hit-and-run charge in California can lead to serious consequences, regardless if it’s a misdemeanor or a felony. The penalties can be severe and leave a lasting criminal record. If you are facing hit-and-run allegations, you need an experienced defense attorney who understands the complexities of California’s traffic laws and knows how to fight for the best possible outcome in your case. 

The Law Offices of Shawn M. George, APC, is committed to protecting your rights and building a strong defense. Whether you were unaware of the accident, misidentified as the driver, or had a justifiable reason for leaving the scene, we will work tirelessly to challenge the charges against you. Call us today to schedule a free consultation.

The Impact of Traffic Tickets on Your Commercial Driver’s License (CDL)

Posted on by Shawn George

You’re on a quick errand in your car, and blue lights suddenly flash in your rearview mirror. Your heart sinks, realizing your livelihood as a commercial truck driver could be in jeopardy because of a simple mistake—speeding. As a Commercial Driver’s License (CDL) holder, this traffic stop is not merely an inconvenience; it could profoundly impact your career.

But you don’t have to face this with uncertainty. The Law Offices of Shawn M. George, APC are here to provide clear guidance to protect your CDL and livelihood.

What a Traffic Ticket Does to Your CDL

The California Vehicle Code (CVC) outlines specific offenses that can lead to disqualification or suspension of your CDL. Even a seemingly minor speeding ticket can accumulate points that lead to serious ramifications.

How a Speeding Ticket in a Personal Vehicle with CDL Can Affect Your Career

You might think a speeding ticket in your personal vehicle to be a minor infraction, but it can have serious consequences for your CDL. However, in California, the lines between personal and professional driving blur significantly when you hold this license type.

Any traffic violation, regardless of the vehicle you’re operating, can have significant and lasting consequences for your CDL. California CDL holders are subject to the standard DMV Negligent Operator Treatment System (NOTS) and federal regulations from the Federal Motor Carrier Safety Administration (FMCSA), each with its own rules and penalties.

Holding a CDL means your driving record is under constant scrutiny, even when you’re off the clock. If you receive a speeding ticket in a personal vehicle with CDL, it doesn’t just vanish once you clock out. California law treats CDL holders differently from standard drivers, and violations can carry substantial consequences.

Understanding the Commercial CDL Point System in California

The commercial CDL point system in California is unique and strict, designed to identify and penalize drivers who pose risks to public safety. Every traffic violation, even those committed in your personal vehicle, adds points to your driving record. This accumulation can quickly escalate into severe consequences, including license suspension or CDL disqualification. 

Minor Offenses

Speeding violations result in points added to your driving record, the exact amount of which depends on the severity of the offense. Additionally, certain speeding violations can be classified as ‘serious traffic violations’ under FMCSA regulations, triggering separate disqualification penalties.

Serious Violations

Traffic infractions considered serious include driving 15 mph or more over the speed limit, driving recklessly, tailgating, and having an accident as a commercial driver. The number of violations determines the penalty. Two violations in 3 years will result in a 60-day CDL disqualification, and 3 violations in 3 years will result in a 120-day disqualification.

Major Offenses

Major offenses, such as being involved in a hit-and-run or driving under the influence (DUI), result in immediate CDL disqualification. A second DUI offense, or a DUI committed while transporting hazardous materials, can result in a lifetime CDL disqualification.

Employers routinely review CDL holders’ driving records, meaning even a single speeding ticket can significantly jeopardize your employment. A violation can result in more than just a fine. It can have long-term professional repercussions, including: 

  • Higher insurance rates, 
  • Job loss, and 
  • Difficulty finding work as a driver in the future.

Understanding these stakes underscores why immediate and strategic legal action is critical to protecting your CDL and livelihood.

Will a Speeding Ticket Affect My CDL?

Even a single speeding ticket can significantly impact your CDL, affecting insurance costs and employer confidence and possibly leading to suspension. The FMCSA requires CDL holders to report all convictions within 30 days, and failure to comply could mean losing your job.

DUI Charges and CDL Holders: What’s at Stake?

California enforces stringent DUI laws, especially for CDL holders. Under California law, commercial drivers face stricter limits with a blood alcohol concentration (BAC) threshold of 0.04%, significantly lower than the 0.08% limit for non-commercial drivers. 

Whether you’re behind the wheel of your commercial vehicle or driving your private car, DUI convictions carry severe penalties, including:

  • First offense DUI—one-year CDL disqualification, extended to three years if transporting hazardous materials; and
  • Second offense DUI—potential lifetime CDL ban.

Additional consequences include fines, mandatory alcohol education programs, and increased insurance premiums.

Facing a DUI charge with a CDL can feel overwhelming and hopeless. However, skilled legal representation can significantly improve your situation. An experienced attorney, like Shawn M. George, can challenge the accuracy of BAC testing, question the legality of the traffic stop, or expose procedural errors. With tailored defense strategies specific to CDL holders, the right lawyer can protect your livelihood and provide a clear path forward.

Strategies We Use to Protect Your CDL

Facing a speeding ticket in a personal vehicle with CDL doesn’t have to derail your career. Our firm provides knowledgeable and personalized legal representation, allowing you to confidently regain control of your life. We will handle court appearances and negotiations, allowing you to focus on your job and family.

At our firm, we implement specialized defenses tailored to CDL holders, including:

  • Challenging the accuracy and calibration of radar or laser devices,
  • Questioning the officer’s observation or traffic stop legality, and
  • Negotiating with prosecutors to downgrade charges.

Our meticulous approach thoroughly explores every detail to defend your career and future.

Take the Next Step to Protect Your CDL Today

A single traffic violation doesn’t define you but could define your future. Attorney Shawn George knows what’s at stake and how to fight for your CDL. With his insider experience as a former Deputy District Attorney, Shawn offers targeted strategies and comprehensive advocacy to help protect your career. Contact us today, and let’s start protecting what matters most to you.

Frequently Asked Questions

Do CDL Violations in My Vehicle Appear on My Employment Record?

Yes. California requires CDL holders to notify employers of all traffic convictions within 30 days, regardless of the vehicle involved.

If I Have a CDL, Can I Attend Traffic School to Dismiss a Speeding Ticket?

California allows CDL holders to attend traffic school for violations received in a personal vehicle. However, this may not prevent the violation from appearing on your record or being visible to employers who routinely review CDL holders’ driving histories.

What Happens If I Fail to Report a Speeding Ticket to My Employer?

Failure to report a conviction within 30 days violates federal law and may result in severe penalties, including termination and CDL suspension.

Resources:

  • California Department of Motor Vehicles, Commercial Driver’s Licenses, link.
  • Issuance and Renewal of Licenses, CVC § 12810 (2010), link.
  • Generally, CVC § 22348 (2005), link.

What If I Am Falsely Accused of a Crime?

Posted on by Shawn George

Being falsely accused of a crime is a nightmare scenario—one that can destroy your reputation, threaten your freedom, and leave you feeling stressed, worried, and powerless. Even when the allegations are baseless, the legal system has to proceed with investigating those allegations, and without the right defense, you could face life-changing consequences. If you find yourself in this situation, do not panic—but do not ignore it either. Understanding false accusation law and knowing how to protect yourself promptly is crucial. At the Law Offices of Shawn M. George, APC, we fight relentlessly for those facing wrongful criminal charges, ensuring that your rights, freedom, and future are aggressively defended.

What to Do When Someone Accuses You Falsely

Taking immediate action is crucial if you are falsely accused of a crime. Delays can jeopardize your case and make proving your innocence more difficult. Critical steps to protect yourself include:

  • Do not engage with the accuser. Avoid confrontation, as anything you say could be misrepresented.
  • Preserve all evidence. Keep records of messages, emails, videos, or witness statements that may help prove your innocence.
  • Refrain from discussing the case publicly. Social media posts and conversations with others can be used against you.
  • Hire a defense attorney immediately. An attorney can help protect your rights, advise you on legal strategy, and challenge false claims.

Taking these steps early increases the likelihood of a favorable resolution.

Is Falsely Accusing Someone of a Crime Illegal?

Yes, under California law, knowingly making a false criminal accusation is a crime. The law provides legal consequences for individuals who intentionally file false reports or lie under oath. Those who make false allegations can face both criminal penalties and civil lawsuits. 

Legal consequences of various types of false accusations include:

False accusations can have serious repercussions for both the accused and the accuser. Even though false accusations are illegal, law enforcement must investigate all reports, meaning you could still face charges—even if you are innocent.

Consequences of a False Accusation

Even if an accusation is later proven false, the damage to your reputation and personal life can be significant.

Potential consequences include:

  • Criminal charges. You could still face formal charges before being found innocent.
  • Employment and career impact. Employers may terminate you or suspend your position, and finding employment in the future may be more difficult.
  • Emotional and psychological distress. The stress of defending yourself can cause anxiety, depression, and other chronic conditions.
  • Financial strain. Defending yourself may include legal expenses, loss of employment opportunities, and medical bills.  
  • Restraining orders. Courts may issue protective orders that limit your rights.
  • Public perception. Even after being cleared, your reputation may suffer due to the lingering effects of the accusation.

An experienced attorney can minimize these risks and help you protect your future.

Legal Defenses Against False Accusations

Every false accusation case differs, but several defense strategies can help prove your innocence.

  • Lack of evidence. The prosecution must prove guilt beyond a reasonable doubt. If the evidence is weak, charges may be dismissed.
  • Alibi defense. Providing credible evidence that you were elsewhere at the time of the alleged crime, which would prevent you from having been present at the scene, can disprove the accusation.
  • Mistaken identity. Sometimes a witness thinks they have seen one person when, in fact, they saw someone else. If the case is based on an incorrect witness statement, your attorney can challenge the validity of their identification.
  • Accuser’s ulterior motive. If the accuser has a personal vendetta, bias, or financial gain motive, proving their inconsistency or dishonesty can help discredit their claims.
  • Violation of legal procedures. If law enforcement has violated your constitutional rights, such as by conducting an illegal search or coercing a confession, any resulting evidence may be thrown out.

A strong legal defense can help prevent wrongful convictions and protect your interests.

How an Attorney Can Help When You Are Falsely Accused

A skilled criminal defense lawyer can take critical steps to defend you against false accusations.

An attorney will:

  • Investigate the allegations. A lawyer will gather evidence, interview witnesses, and obtain police reports to uncover inconsistencies in the accuser’s story.
  • Challenge false claims. If the accusation is based on misleading testimony or circumstantial evidence, your attorney can work to discredit unreliable witnesses.
  • Ensure your legal rights are protected. An attorney can help protect against unlawful police questioning, illegal searches, or procedural violations.
  • Negotiate with prosecutors. If evidence is weak, an attorney may convince the prosecution to dismiss charges before trial.
  • Pursue legal action against the accuser. If you were falsely accused with malicious intent, your attorney can help you file a civil lawsuit for damages.

Legal representation is your best defense against false accusations.

At the Law Offices of Shawn M. George, APC, we provide aggressive legal advocacy to fight false accusations and protect your reputation. 

Contact Us for a Confidential Consultation

A false accusation can feel like your life is spinning out of control, but you do not have to face it alone. The justice system is imperfect, and wrongful charges happen more often than people realize. The key to clearing your name and reclaiming your future is taking swift action with an experienced defense attorney by your side. At the Law Offices of Shawn M. George, APC, we understand the stakes—your freedom, your career, and your reputation are on the line. As a 2021 and 2022 Super Lawyer’s Rising Star for Criminal Defense, Shawn is ready to fight for you, challenge false claims, and bring the truth to light. If you have been falsely accused, reach out now for a confidential consultation to start building your defense.

Resources:

  • Constitution Annotated, Fourth Amendment link