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Bakersfield DUI Lawyers

1. Lemucchi, Timothy: civil and criminal litigation
2. Carter, Ronald: Criminal Defense
3. Torres, David: Q. Do I need a lawyer even if I am innocent? A. Every criminal defendant should have an attorney becuase innocent peple can and do end up in prison. When you hire an experienced criminal defense attorney, your lawyer will use the criminal justice process to ensure that your rights are protected and that the truth about your innocence prevails. Q. If I am going to plead guilty, do I need a lawyer? A. Even if you are guilty, you still have options. You may be able to reach an agreement with the prosecutor where you will plead guilty to a lesser charge in exchange for a less severe sentence. You can attempt to negotiate with the prosecutor yourself, but without a detailed knowledge of the law, as well as years of experience, it can be very difficult. A criminal defense attorney is more likely to know what consistutes a good agreement and will also know how to protect your constitutional rights. Q. Who is a prosecutor? Is a prosecutor different from the police? A. A prosecutor is a lawyer who represents a governmental entity that charged you with a crime. In this situation, they serve as the government's investigators. Prosecutors decide whether or not to charge a person with a crime and will present the government's case if it goes to trial. Prosecutors may also be known as city attorneys, county attorneys, state's attorneys or district attorneys. Q. How does the prosecutor decide whether or not to charge a person with a crime? A. The prosecutor will first determine if the government has a legally sound case. If, for example, during the investigation the police violated the defendant's constitional rights, evidence obtained by the police could be inadmissable. The prosecutor will then determine if a conviction is probable based on the evidence available. if the evidence is not very convincing it may not be worth the time and expense to conduct a trial. Because criminal case is only between the government and the accused, the prosecutor is not obligated to follow a victim's desire to charge a person with a crime. However, it is common for prosecutors will take a victim's desires into account when determining whether to charge a person with a crime. Q. What is a grand jury? A. A grand jury investigates a crime by listening to testimony, examining documents, and considering other evidence. The prosecutor both presents evidence to the grand jury and serves as a legal advisor. Unlike a jury trial, a grand jury only considers evidence presented by the prosecutor. If you are under investigation by a grand jury, you should have a criminal defense lawyer early in the process even though a defense case will not be presented. The grand jury's sole purpose is to determine whether there is enough evidence to charge someone with a crime. This is known as indictment. When a grand jury indicts a person, that person has only been charged with a crime. A trial is still necessary to determine if that person is guilty. Q. What happens if I only attempt to commit a crime? A. Attempting a crime in many jurisdictions is itself a crime. The prosecutor must prove that the defendant intended to commit the crime and that the defendant took action beyond planning to commit the crime. Q. What is restitution? A. Restitution is when a person is ordered to pay money to the victim of a crime they have been convicted of. Restitution is required after any violent crime and certain other offenses under many state and federal laws, in particular the federal Mandatory Victims' Restitution Act of 1996. Q. What are "white collar" crimes? A. "White collar" crime is a term used to describe crimes that typically involve deceit or concealment to obtain property, services, or business advantage. Securities fraud, tax evasion, and embezzlement are all examples of "white collar" crimes.
4. Noriega, James: Administrative Per Se Hearing Once arrested on suspicion of driving under the influence, you must take immediate action to protect your driving privileges. You only have 10 days to contact the Department of Motor Vehicles to request an administrative per se hearing. Therefore, it is important that you act immediately. If you fail to request an administrative per se hearing within 10 days from the date of your arrest, the Department of Motor Vehicles will likely suspend or revoke your driving privileges. Please call the Department of Motor Vehicles Driver Safety Office immediately if you are currently within the 10-day limit and request an in-person hearing. The length of the suspension imposed by the department will depend on whether you have any prior suspensions for DUI arrests. Please keep in mind that any license suspension imposed by the Department of Motor Vehicles is independent of the criminal court case that may result from the arrest.
5. Greene, Benjamin: Driving Under the Influence (DUI) In the 1980s, many people were able to drive drunk over and over again and avoid ever going to prison. Today, things have changed drastically. The permissible blood alcohol content level has been lowered to .08% from .10%. You would be surprised at how little alcohol is required to reach a .08. Many people think they are fine or just a "little buzzed" and are surprised to find out they are driving over the limit. In this regard, "drunk driving" is a bit misleading because you don't need to be "drunk" under the common understanding of that word to be over the limit. If you are convicted four or more times for DUI within 10 years, the district attorney will likely seek a felony conviction. Once convicted of a DUI felony, any subsequent drinking and driving within 10 years will likely be prosecuted as a felony as well. DUI convictions, even for a first time offender, typically have mandatory minimum jail sentences, fines, and license suspensions. The common refrain I hear from clients, "but I need to drive to work," is no defense to a mandatory license suspension. If you refuse a breath, urine or blood test, California law requires a longer mandatory license suspension. You are usually required to take and complete a class to receive your license back, which is more money out of your pocket. Many people are arrested for drunk driving even though they have not been drinking at all. How is this possible? The use of any substance, legal or illegal, affecting your ability to drive like a sober, prudent person can result in your arrest. Elderly women who haven't had a drink in thirty years have been arrested for driving under the influence of pain medication. Painters have been arrested for driving under the influence of paint fumes. In a recent news story, a man was arrested for driving under the influence of caffeine: he drank several Red Bulls and popped a few caffeine pills prior to driving. The worst case scenario is a DUI accident in which someone is injured. Any injuries, no matter how slight, generally motivate the prosecutor to file felony charges. Many good people who would never hurt a soul have caused grave accidents by driving drunk. It can be a truly life changing experience. In addition to criminal penalties, civil lawsuits frequently follow these accidents. Also, any judgment obtained by a victim against a drunk driver is non-dischargeable in bankruptcy.
6. Fields, Larry: criminal defense
7. Lahiri, Indra: Personal Injury Criminal Defense Drunk Driving/ DUI Defense Business Litigation Real Estate Syndications and Investments Federal Litigation Transactional and Corporate Formation International Transactions
8. Faulkner, David: DUI Criminal Defense Personal Injury Misdemeanors Felonies
9. Noto, Henry: DUI Alcohol/Drugs DUI/DMV Hearings Hit And Run Cases Traffic Tickets Suspended License Alternatives To Jail
10. Thompson Law: Here are some of the consequences you can face from even a single DUI conviction: Fines - conviction of a first offense can result in a fine up to $1,000. The amount increases for subsequent offenses, for an especially high blood alcohol concentration, or for certain drivers of commercial vehicles or people transporting minors at the time. Jail - up to six months of jail time is possible for a first-time conviction, and up to a year for a second offense. If a death occurred during a drunk driving incident, the driver can be charged with vehicular manslaughter or other homicide crimes, with significant prison time facing one if convicted. Surcharges and Assessments - the fees assessed by the court can make a DUI conviction considerably more expensive than the fines alone. Alcohol Education Program - Completion of a Driving Under the Influence program will be required of anyone convicted of DUI. Ignition Interlock Device (IID) - you may be required to have an IID placed on your vehicle, which will prevent you from driving if you have had anything to drink. Vehicle Confiscation - Upon conviction of a third DUI offense, your vehicle may be confiscated. Your Driver's License What happens to your driver's license if you are arrested for drunk driving is entirely separate from any criminal proceeding. In an administrative proceeding, the California Department of Motor Vehicles (DMV) acts immediately to suspend or revoke your license. On a first offense, your license will be suspended for four months. For a subsequent offense, you will lose your license for one year. If you wish to contest this suspension, you must request a hearing within ten days of having received notice of the proposed suspension.
11. Campbell Law Firm: Criminal Defense Š All Crimes / All Courts All Felonies and Misdemeanor Matters DUI / Drunk Driving Sex Crimes Domestic Violence Computer Crimes Assault / Homicide Drugs / Narcotics DMV Hearings White Collar Crimes Embezzlement Juvenile Defense Fraud / Theft
12. Jackson, Gregory: Criminal Defense * Spousal Abuse * Theft (petty and major) * DUI * Assaults/Battery * Probation Violations * Illegal Arrests * Expunge Your Past Criminal Records * Avoid Jail * Motions to Dismiss * Drug Charges DUI Defense * First and Repeat Offenders * Drug Charges (prescription and illegal substances) * Save Your License * Reduction of Charges and Alternatives to Jail * Never Appear in Court * Motions to Dismiss * Illegal Arrests * DMV Hearings
13. Tello, John: Criminal Defense, Serious Personal Injury and Social Security Disability
14. Floyd & Horrigan: * Personal Injury - Plaintiffs - Serious Injuries; Wrongful Death; Motor Vehicle Accidents; Dog Bites; Medical Malpractice * Criminal Defense - Drug Violations; DUI/DWI; Felonies; Juvenile Crimes; Sex Offenses; Misdemeanors; Traffic Violations; White Collar Crimes * Family Law - Contested & Non-Contested Divorce; Legal Separation; Annulment; Paternity; Step-Parent Adoptions; Guardianship; Child Custody, Visitation & Support; Spousal Support; D.A. Child Support; Premarital Agreements; Domestic Violence Restraining Orders; Custody, Visitation & Support Modifications
15. Slocumb, Bill: In the state of California, DUI / DWI arrests generally occur suddenly and unexpectedly, leaving the driver unprepared and ill equipped to handle the complicated legal process that ensues. In order to ensure the best possible outcome, however, these arrests require fast action. If you or someone you know has recently been arrested for drunk driving, you will need to find an experienced and qualified DUI / DWI attorney, find a reputable bail bond firm, and request a DMV hearing in order to prevent the automatic suspension of a driverÕs license. DUI Overview Drunk Driving, DUI / DWI Š California Driving Under the Influence Laws When it comes to DUI or DWI arrests in the state of California, experience is key. In order to ensure the best possible outcome, fast action is required for the following: „ CHECK DRIVER'S LICENSE STATUS - YOU ONLY HAVE TEN DAYS FROM ARREST TO SAVE YOUR DRIVERS LICENSE! „ Assess Priors &/or Injuries, They Can Cause a DUI to become a Felony „ Request a Stay and Hearing on the DMV Revocation of the License „ The Arraignment Š Pleading Guilty or Not Guilty, Priors Hugely affect this analysis „ Determining the Appropriate Defense Strategy What to Do First after a California DUI Arrest „ Hire an Experienced and Qualified Attorney Who Knows California DUI Law „ Make Sure the Attorney handles BOTH the DUI and the DMV!! The DMV will revoke or suspend your driver's license. Have your lawyer Stay your Suspension and set a hearing date with the DMV. DO IT NOW! In-Custody Search Trying to locate a friend or loved one who has been arrested for any reason can be challenging and frustrating to say the least. They will most likely have spent hours at a police station before being transferred to the county jail. As an experienced lawyer, Bill Slocumb can help to locate your loved one quickly and help secure his or her release. Requesting a DMV Hearing A DMV hearing must be requested within 10 days of the arrest or the California Department of Motor Vehicles will automatically suspend a suspected drunk driverÕs license for as much as several years. Why Fight My Case? „ With the right attorney, you can minimize or potentially eliminate the consequences of an arrest. „ If properly represented, you may be able to keep the conviction off your record. This is extremely important since each subsequent conviction carries harsher penalties. „ If you plead guilty and do not fight, you will most likely be placed on probation for three to five years. If you are arrested again within ten years this decision can mean substantial jail time for the next arrest. „ You have an absolute constitutional right to fight a DUI / DWI charge. Bill Slocumb will fight for your rights and your freedom. DUI Investigation A lawful DUI investigation can be triggered by one of three events: 1. Police observe a violation of the law. 2. Police observe a driving pattern suggestive of driving under the influence of alcohol or drugs, so as to provide a reasonable suspicion that a crime has taken place. 3. A lawful roadblock or checkpoint. 4. You are involved in an accident or are blocking the roadway. If none of these conditions are present, then an experienced attorney may be able to suppress any evidence gathered at the traffic stop. The DMV Process A DUI / DWI arrest in the state of California triggers two cases Š the criminal case and the DMV case. A DMV hearing must be requested within 10 days of the drunk driving arrest. If a hearing is not requested within that timeframe, one may not be granted. Under a new law in California, courts usually don't suspend a driverÕs license. Now the DMV usually suspends the license, and they will do so upon a finding of guilty at the DMV hearing or the criminal case. A judge can not give your license back, only the DMV can. Consequences of a DMV Hearing The consequences of a DMV hearing can run the gamut from nothing to harsh suspensions and revocations. With an experienced attorney, like Bill Slocumb on your side, the consequences of these hearings may be limited. Often the criminal case is materially affected by a successful defense of your driver's privilege in front of the DMV hearing officer. The process becomes even more complicated for out-of-state drivers, felony DUIs, motorcycle, boat, plane and bicycle DUIs, driving under the influence of drugs (DUID) cases, and under 21 DUIs. If you are facing any type of DUI charge, it is absolutely essential that you secure an attorney who knows the system and will fight for your rights.
16. Madrigali, Mark: What can a lawyer do to defend you against DWI/DUI charges? * Challenge Breathalyzer test results. Using expert witnesses, maintenance logs and certification certificates, experienced DUI defense lawyers can force the state to prove that you were intoxicated. * Challenge the legality of your stop and arrest. If the police did not have a legal reason to pull you over and arrest you, it may be possible to get the charges against you dismissed. * Lessening the impact of the prosecutionÕs evidence. A skillful DUI attorney can help you by turning the state's evidence around so that it favors your case. For example, a former client had pulled over to the side of the road and was not driving at the time he was contacted by police. Is it worth it to fight a DWI/DUI conviction? In California, a DWI/DUI conviction can cost more than $10,000 in added insurance costs and fines over the three-year period following the conviction. A DWU/DUI conviction can also lead to suspension of your driver's license and the need to attend alcohol education classes at your own expense. In some instances, you may even be required to pay for the installation and monthly maintenance of an ignition interlock system that requires you to blow into a machine before your car will start. If you have two or more DWI/DUI convictions in a 10-year period, you face a mandatory jail sentence. For many government employees and people who need a driver's license to work, a conviction can result in the loss of your job. Given the severe consequences of a conviction, few people can afford NOT to fight against their DWI/DUI charges. California DUI Penalties Drunk driving is a criminal offense that can affect your employment, your driving privileges and your freedom. It can also cost you thousands of dollars in fines, force you to attend alcohol education classes and result in high-risk insurance costs. Challenging DUI Breath and Blood Tests To charge you with driving under the influence in California, the state must prove that you had a blood alcohol content of .08 or higher at the time you were driving. Blood alcohol determinations are commonly performed on Breathalyzer machines. These machines can give erroneous results if not calibrated, maintained and operated correctly. Unlawful DUI Stop To arrest you for drunk driving in California, the police officer must have a valid reason for pulling you over. If the stop was illegal, all evidence collected after the stop, including Breathalyzer test results, may be suppressed. Felony DUI Defense If you are convicted of felony DUI charges in California, you will face life-changing consequences. DUI Driver's License Suspension If you are arrested for drunk driving in California, you could lose your driver's license in either of two ways: as a result of the criminal DUI charge or from an administrative action by the Department of Motor Vehicles. To protect your driver's license, you need a lawyer experienced with both the criminal and DMV cases. California DMV Hearings The DMV suspension hearing is basically a mini-trial, in which your lawyer can cross-examine witnesses against you. There are many ways to contest and win these hearings. For example, if you have been deemed a negligent operator, one way to win your hearing is to get previous traffic convictions set aside.
17. Kleier, Loren: local, state and federal laws that could all affect your case
18. Kyle Humphrey: When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested you can be detained or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested
19. H. A. Sala: The first ten amendments to the Constitution are collectively entitled the Bill of Rights and contain limitations on the power of government. The Fourth Amendment limits government's power to invade privacy. It reads as follows: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized."
20. George Boyle: You should never try to represent yourself or appear and just plead guilty to an alcohol related offense, even if it's your first. You could be sentenced to jail, ordered to pay a large fine, and subjected to other penalties which, under certain circumstances, could include the loss and sale of your motor vehicle and/or a prison sentence. Additionally, some violations are now a "strike" under the 3-strikes law.
21. Middlebrook, Richard: You can represent yourself -- although it is not a good idea. "Drunk driving" is a very complex field with increasingly harsh consequences. There is a minefield of complicated procedural, evidentiary, constitutional, sentencing and administrative license issues. DUI penalties in California are set up to deter anyone from considering driving under the influence and are extremely harsh. They vary, depending on the type of DUI offense you are charged with, and your penalty is also often dependent upon who you choose as your Kern County DUI defense attorney. If convicted, the first DUI offense is a misdemeanor offense. Even a conviction on a first offense has harsh penalties, including jail time and expensive fines. When you are facing any kind of DUI charge, it is crucial that you contact a Bakersfield DUI defense attorney as soon after the arrest as possible. If convicted, you face the following penalties: OFFENSE MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION WITH OR WITHOUT PROBATION FIRST OFFENSE within 10 years Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 280% apx.), plus either (A) 48 hours to 6 months jail and 10 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal). 96 hours to 6 months in jail, $390 to $1,000 fine, and a 10-month license suspension. May impound vehicle for 6 months. Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more. SECOND OFFENSE within 10 years Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program. However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license. 90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension. THIRD OFFENSE within 10 years 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation. FOURTH OR SUBSEQUENT OFFENSE within 10 years 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation. DUI with injury: * 3 years in a state prison * An additional 1 year in prison for each additional person injured * 3 additional years if anyone is severely injured Vehicular Manslaughter: * 4 years in a state prison * If a multiple DUI offender, up to 10 years in a state prison There are further "enhanced" penalties for extremely high blood alcohol concentration levels of .15% or above, for having a child under 14 years of age in the car, for refusing the breathalyzer test, or if you are on probation for an earlier DUI conviction.
22. Joe Whittington: Pleading to a DUI will cost you money over hiring an attorney who dedicates himself to defending those accused of a DUI. The price of pleading is increasing every year (approximately $6,000 to $9,000) depending on where you plead.

    The potential defenses in any given drunk driving case are almost limitless. Some defenses include the driving, probable cause, miranda warnings, implied consent warnings, under-the-influence, blood alcohol concentration, testing procedures, and retrograde extrapolation.