What Is SB 1046 Regarding Ignition Interlock Devices?

For anyone who has suffered a DUI conviction in the past and/or lost an admin per se hearing at the DMV, having one’s drivers license suspended is a painful situation. One must resort to Uber, public transportation, carpooling, walking or biking instead of driving. One can lose a job or fall behind in school. Senate Bill (SB) 1046 attempts to strike a balance between the public policy of punishing DUI offenders without forcing unemployment. To read about this new law effective for those arrested for DUI on January 1, 2019 and after, click on the following link.



Is It Illegal to Be Present When Others Are Using Drugs?

Guilt by association is not a valid theory of legal liability. After all, except in limited circumstances, there is an almost constitutional right to associate with others. The U.S. Constitution allows freedom of speech, which necessarily bars prosecution for associating with others (NAACP v. Alabama (1958), a U.S. Supreme Court case). So can someone be prosecuted for being present while others are using drugs? If so, under what circumstances? To read about this issue, click on the following link.



What Is Health & Safety Code § 11550(a)? Punishment?

Being under the influence of a controlled substance, i.e. Xanax, Oxycodone, Ecstasy, PCP, cocaine or heroin, without a valid prescription is a crime under Health & Safety Code § 11550(a). Being under the influence of
meth is punishable under a different code section, as is marijuana under certain situations. It is generally a misdemeanor, so the maximum punishment is less than for a felony, but it can be a felony if one is also found in possession of a firearm or one has a history of refusing drug treatment. To read more about this offense, click on the following link.