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Carlsbad DUI Lawyers

  1. Rocco, Matthew: DUI All Traffic Tickets Criminal And Civil Restraining Orders DMV Hearings Drug Cases Domestic Violence Assault & Battery Theft Crimes
  2. Nares, Thomas: DUI All theft or theft related offenses Drug charges: possession, possession with intent to distribute, under the influence Assault Robbery Burglary Trespass Public intoxication Domestic Violence
  3. Thompson, David: Serious Injury & Death Sexual Harassment Medical Malpractice Motor Vehicle Accidents Wrongful Death Assault & Battery Elder Abuse Dog Attacks Criminal Defense Felony Drunk Driving and Misdemeanor Charges And More
  4. Faul, Rosanne: DUI Charges DUI arrests in California, specifically Orange County, will trigger two separate cases. The first is the DUI case in criminal court; the second is the DMV case, where the Orange County DMV is empowered to suspend the driving privileges of those accused of DUI. Orange County DUI cases can be charged under one of two theories: either violation of the DUI "per se" law (which is based only on the alcohol level of .08 or greater and not driving impairment), or under a theory where the prosecution must prove that the driver is "under the influence" of alcohol and/or drugs. "Under the influence" for the purpose of DUI is where the motorist is impaired and cannot operate a motor vehicle as a reasonable driver in a like position. Orange County DUI arrests made under this theory do not require any blood alcohol measurement. The arrest may be based entirely on the opinion of the arresting officer. DUI cases may be "aggravated" (with harsher punishment and penalties) where the BAC is .15 or more, where there is a traffic accident, speeding, a minor is a passenger, refusal to take the chemical test, or any other attempt to evade police or flee the scene of a DUI accident. Drunk driving defense is a specialized area. Many facets of the investigation must be explored by a qualified DUI attorney giving you the best possible defense. Issues may include the legality of the stop, the science behind the breath or blood testing, individual health issues that may affect the testing, the administration of the field sobriety tests (FSTs), and the legality of the arrest. You need an experienced Orange County DUI attorney to analyze your individual set of facts. DUI punishment in Orange County will depend upon whether the drunk driving arrest is for a misdemeanor or a felony. A misdemeanor DUI case is one that may be punished by up to one year in jail while a felony drunk driving conviction may result in years spent in prison. (http://articles.latimes.com/2010/dec/23/local/la-me-1223-adenhartsentencing- 20101223) First, second and third DUI arrests, without injury accidents are considered misdemeanors. However, while a first conviction has a maximum of six-months in jail, the subsequent convictions have one-year jail maximums along with other increased penalties such as fines, classes and driver's license suspensions. If there is an injury accident, the DUI will be charged as a felony and if convicted a state prison sentence may be imposed. If a fourth DUI arrest is made within 10 years from the first DUI arrest, a felony will also be charged.
  5. Duxbury, Marc: A DUI arrest is an embarrassing and humiliating situation, and dealing with law enforcement, the police facility, and the prospect of losing your license is all upsetting and stressful. However, this is only the beginning of the process Ð you have now entered Òthe systemÓ. The legal system takes its course and many individuals may feel that they cannot control any part of it. However, this is not actually the case. With a proactive approach, something can be done about it. A Carlsbad DUI defense lawyer can assist you in the defense of your case.
  6. Nares, Thomas: * DUI * All theft or theft related offenses * Drug charges: possession, possession with intent to distribute, under the influence * Assault * Robbery * Burglary * Trespass * Public intoxication * Domestic Violence If you have been charged with a crime, it is critical to protect your rights. The state has a burden to prove your guilt beyond reasonable doubt. Before you simply plead guilty, speak with a criminal defense attorney and learn more about your rights.
  7. Patton, Bradley: While a driving under the influence charge is one of the most common in San Diego, it is a serious criminal offense that can have major, far reaching effects on your everyday life. California has some of the toughest DUI laws in the country. Penalties include: * Jail Time * High court fines * Loss of Your Driving Privilege * Public Work Service * Completion of a 3, 9, or 18 month drinking driver program If you have been arrested for a DUI charge, you are facing criminal action by the court as well as civil action by the Department of Motor Vehicles. CIVIL ACTION BY THE DMV Quick action must be taken immediately following your arrest to ensure that your rights are protected. A request for an administrative hearing must be submitted to the DMV within 10 days of your arrest. If this request is not made in within this narrow time frame, then the DMV's administrative action to suspend your driving privilege cannot be contested. Requesting an administrative (APS) hearing is an important first step in handling your case. There are many areas where the APS hearing can be won by a knowledgeable and skilled attorney. In some cases, hiring a qualified Forensic Toxicologist is critical to establish that your blood alcohol level was below a .08 at the time of driving or to prove that you were not "under the influence" of drugs at the time of driving. It is not illegal in California to drive with alcohol in your system. The DMV can only immediately suspend your license if your BAC was above a .08 at the time of driving. The DMV is required to turn over the police reports prior to the APS hearing. A thorough review of these reports by an experienced attorney is essential to challenging the legality of the detention. DMV actions can be overturned on these grounds if there was not a lawful basis for the initial detention. CRIMINAL ACTION BY THE COURT The criminal case starts with the arraignment. If you are charged with a misdemeanor DUI offense, your retained attorney can handle the arraignment and subsequent court appearances without you having to be present in court. After a plea of not guilty is entered at the arraignment, the next step is the pre-trial readiness conferences. These hearings allow your attorney the opportunity to thoroughly review the police reports and negotiate the case with the District Attorney's Office and the Court. At this point, a complete legal evaluation is conducted to determine the best options for defending your case. These options include obtaining a court order to re-test the blood, filing a motion to suppress evidence negotiating a plea to a reduced charge, settling the case early to avoid more serious penalties, or preparing for trial. In appropriate cases, using an experienced private investigator and/or forensic toxicologist may strongly enhance the outcome of your case. WHEN A DUI BECOMES A FELONY CASE A DUI can be charged as a felony if there is an accident which causes any type of physical injury or if the individual charged has three or more prior convictions. In these instances, hiring an experienced defense attorney is critical because of the severity of the charges and the potential of a jail or prison sentence. Often times, it is essential to hire an accident reconstruction specialist immediately so that the accident scene can be analyzed before critical evidence is lost or destroyed.
  8. Doan Law Firm: The Court Process Do not try to go through the criminal law process without an experienced criminal defense attorney by your side. The process generally involves the following steps: 1. Arrest- individual is detained by police and is under the suspicion of committing a crime 2. Charges filed- prosecutor decides there is enough evidence to file charges 3. Arraignment- Plead guilty or not guilty 4. Pretrial hearing- Judge hears motions or any other pretrial issues 5. Trial- all the evidence is presented to a judge or jury and guilt or innocence is determined 6. Sentencing- if found guilty, a sentence is rendered DUI Defense - The DUI laws in California are extremely strict and severe. Initially, you need an attorney to represent you in the hearing with the Department of Motor Vehicles so that your license might be saved. The criminal case is an entirely separate procedure that is brought in front of a judge in court. An experienced DUI attorney can examine the procedures used by the police officers to make sure your rights were not violated. In many cases, it is possible to get the DUI charge reduces to a lesser charge. In other cases, it might be in your best interest to fight the charges in court.
  9. Leslie, Sean: The penalties for driving under the influence of alcohol or under the influence of a prescribed medication or a controlled substance can be very severeÑeven if this is your first arrest and charge for a DUI offense. Penalties can include: * Enormous fines * Mandatory license suspension * Jail time * Participation in programs for alcohol treatment * Work projects * Community service DUI and other traffic offenses can affect you financiallyÑnot only with expensive fines and program fees, but your insurance carrier could dramatically increase your premiums for a number of years if you are arrested and/or convicted of a DUI or another kind of traffic violation.
  10. MacManus, Richard: Prosecutor Filing Criminal Charges The police reports are pending review by a prosecuting attorney in the ÒissuingÓ section of the San Diego District AttorneyÕs office or San Diego City AttorneyÕs office. This prosecutor will have a formal criminal ÒcomplaintÓ prepared and filed, charging you with at least two misdemeanor violations: Vehicle Code 23152(a) driving under the influence; Vehicle Code 23152(b) driving with an alcohol level of .08 or more. This written complaint will be presented before a Judge in the arraignment department of the San Diego Superior Court on the date set on your Òrelease orderÓ or bail release paperwork. Dismissal Of Charges Criminal charges can be dismissed through several procedures: rejecting of charges by issuing prosecutor; dismissal by a pretrial prosecutor; evidence suppressed by a Judge at a ÒmotionÓ hearing; jury trial. Various tactics include: 1. convincing the courtroom prosecutor that due to evidence problems in your case, all charges should be dismissed, 2. at a Òmotion to suppress evidenceÓ hearing convincing the Judge that the arresting officerÕs initial stop or contact was invalid or that the officer did not meet the Òreasonable officer standardÓ and therefore the arrest was unconstitutional, 3. convince a jury that the mental and physical ability of the accused was not impaired and that the blood/breath testing procedure is faulty. Plea Bargains Plea bargaining is a legal procedure where an agreement takes place between the prosecuting attorney and the defense attorney, that all charges will be dismissed upon a plea to a less serious charge or that some of the criminal charges will be dismissed upon a plea to other charges. Sentencing If you are convicted of a first time DUI, a sentence will be executed by the Superior Court Judge. A mandatory minimum sentence will include at least: a probation term, a significant fine, a DUI school for 3,6,9,12 months (based on an assessment evaluation), a MADD class, and 6 months additional loss of driverÕs license by the DMV. Additional penalties can be added due to a tough Judge, prior record, bad driving, additional vehicle/penal code violations, prior record, elevated alcohol level (.15% or more), accident, or a probation violation. Additional penalties may include: more jail time, work on the freeway, additional fines, requirement to attach an interlock device on the ignition of your vehicle, impound of your vehicle, forfeiture of your vehicle, and payment of restitution to a victim. Second or third time DUI cases require significant additional penalties including mandatory jail time.
  11. David Kaye: You must rely on an attorney to evaluate your case and you must trust your attorney.
  12. David Boertje: "Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs. A conviction for drunk driving carries serious consequences, including driver's license suspension or revocation, fines, and time in jail or prison. Accordingly, a person charged with drunk driving must not hesitate to seek legal counsel from an experienced criminal defense attorney in order to best protect his or her interests. DUI Court Penalties There are serious consequences to the very serious criminal offense of driving under the influence. If you were recently arrested for DUI, you are very likely facing stiff penalties, and in some cases, potential jail time. In San Diego, Carlsbad, and other cities in San Diego County, please contact the Law Offices of David M. Boertje to discuss your case during a free consultation with an experienced San Diego DUI lawyer. Below is a list of the consequences that can come with a DUI conviction: Court Penalties There are some key ways in which court-imposed DUI penalties vary: Misdemeanor v. Felony A misdemeanor DUI offense (California Vehicle Code section 23152) usually doesnÕt involve any injuries, while a felony DUI offense (California Vehicle Code section 23153) involves someone besides the driver getting hurt or dying. A person with a first-time misdemeanor DUI conviction could end up serving up to six months in jail (and up to one year for subsequent misdemeanor DUIs) and paying a fine as high as $1,000. A person convicted for committing a felony DUI may be sentenced to state prison and a fine over $1,000. Subsequent offenses come with harsher punishments than past offenses Second or subsequent convictions that occur within a 10-year period come with mandatory jail time. A court will consider a person with a prior Òwet recklessÓ(a guilty plea for reckless driving in which alcohol was involved) to have a previous conviction for DUI. Mandatory Penalties Below is a list of criminal penalties that are mandated in California. While California law mandates most of the DUI offender sanction minimums, a judge has discretion over whether to apply sanctions that have not been mandated or increase an offenderÕs sanctions to the maximum allowed. It is the judgeÕs decision whether to grant probation or send an offender to jail for a first offense misdemeanor DUI. At the very least, the judge has to impose the minimum fine, restitution, penalty assessment, and the duration of the treatment program. While ignition interlock installation and vehicle impoundment are not mandatory, a judge can order to have them imposed. Criminal Sanctions For a driver convicted of a felony or a misdemeanor DUI: * Probation * County jail or state prison * Ignition interlock device requirement * License restriction, suspension, or revocation * Vehicle forfeiture or impoundment * Fine, penalty assessment, and restitution * Drinking and driving treatment Jail and Prison A DUI conviction can lead to a mandatory prison or jail sentence. If the conviction is for a misdemeanor first offense, however, the judge can substitute the fine with a mandated DUI program. California courts also can order community service or public work service for first time DUIs. Prison and jail sentences can be extended when there are Òenhancing circumstances,Ó which are defined as: JAIL * ÒExcessive speedÓ driving (either 20 mph above the legal speed on roadways or 30mph faster than the lawful speed on freeways). This can increase the mandatory minimum jail sentence to 60 days. * The refusal to undergo a chemical test can add a mandatory minimum 48 hours in jail. * A minor passenger (someone under 14 years of age) was in the motor vehicle. PRISON * Victims other than the driver were injured. Sentencing can be enhanced by one year in state prison for every victim. * Hit and run involving vehicular manslaughter. * Victims(s) experienced bodily harm. Sentences can be enhanced by up to three years in prison per victim. Fine, Penalty Assessment, and Restitution Offenders are usually ordered to pay an offense fine, a penalty assessment, and restitution: * $390 to $1,000 fines for misdemeanor offenses. $390 to $5,000 fines for felony offenses. * Additional fines that a California court can impose to substantially increase a fine are called penalty assessments. Typical fines and assessments in San Diego Courts vary between $1,800 and $2,200. * Victims are compensated for their losses and injuries with restitution fines, which can range from $100 to $10,000. There can be additional restitution orders mandated for the victimÕs total out-of-pocket fees, including medical expenses. Treatment A person convicted of a DUI can be ordered to take part in and complete a substance abuse treatment program. Courts can order programs lasting the duration of 3 months, 9 months, 18 months, or 30 months. Drivers with license suspensions as a result of a DUI conviction must complete a treatment program before their driverÕs license can be reinstated. Offenders do not receive credit for any program activities they took part in before this latest violation. Vehicle Forfeiture and Impoundment The court mandates the impoundment of a DUI offenderÕs vehicle if the offender is also the owner of the vehicle. A judge can declare a vehicle a ÒnuisanceÓ and order it forfeited and sold. Vehicle owners younger than 21 years of age can also be slapped with an impoundment penalty whether or not the owner was in the vehicle if a driver or passenger in the vehicle that was in illegal possession of alcohol is below the legal drinking age. A driverÕs license can be: * Restricted: This limits when a driver can use a motor vehicle. Restrictions may include only being able to drive to and from treatment, work, school, court-ordered programs, and for work purposes. * Suspended: The driverÕs license is taken away for a specific time period or until the fulfillment of a certain condition. * Revoked: The license is terminated and the driver must apply again for a new one following the revocation period. Courts can delay the date of the DUI offenderÕs license revocation or suspension until after he or she has served prison time. This delay is usually applied if someone is a repeat offender, there were multiple victims, or hit and run was involved. Drivers under age 21 with a DUI conviction or one for alcohol-related reckless driving may get their license suspended for another year beyond the license suspension they received for getting a DUI. Ignition Interlock Device For DUI offenders, courts can decide to order the use of a certified ignition interlock device. This prevents a motor vehicle from starting if the driver has consumed alcohol. A court can require that the device be in place for 1-3 years after the driverÕs license is reinstated. Probation A DUI offenderÕs probation can run from three to five years. While under probation, offenders are not allowed to: * Fail to pay a fine, restitution, or assessment. * Drive with any measurable alcohol in their system. * Commit a crime. * Refuse to take a requested chemical test. Enhanced Penalties There are a number of enhancing grounds in California, including: High Blood-Alcohol Concentration: Increased penalties can be imposed when a driverÕs BAC is .15% or greater. Refusal to Undergo Chemical Testing: Increased jail time can be added to the administrative suspension of refusing to submit to this test. Reckless Driving and/or Speeding: This enhancement can be applied when someone that has a BAC greater than .08% or was under the influence of alcohol when driving faster than the legally specified speed limit. The state of California will impose this enhancement when a defendant was apprehended driving 30mph above the speed limit on a freeway or 20mph faster than the speed limit allowed on a surface road. Child Endangerment: If there was a minor passenger (under 14 years of age) in the vehicle when the drunk driving incident occurred, the enhanced penalty is mandatory jail time. Injury or Accident: In California, a DUI accident resulting in property damage can result in a harsher punishment. If personal injury was involved, California will elevate the offense to a felony crime. DUI Criminal Sentencing Chart for Driving Under the Influence of Alcohol and/or Drugs (VEHICLE CODE SECTION 23152) OFFENSE MINIMUM AND MAXIMUM SENTENCES WITH PROBATION (3 TO 5 YEARS PROBATION TERM) MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION FIRST Offense within 10 years A 48-hour to 6-month jail sentence may be imposed, in addition to a fine, which can range from $390 to $1,000. Any Òpenalty assessmentÓ will substantially increase the fine amount. The court may also order a defendant to complete an alcohol/drug treatment program lasting 3 months, 6 months, or 9 months. The DMV will impose a license suspension for 6 months or for I year if the driver has a class A license. Jail time is 96 hours to 6-months, and the fine is $390 to $1,000 fine. License suspension is for six months. SECOND Offense within 10 years There are two alternatives: Both alternatives comes with a fine ranging between $390 to $1,000, plus either: (A) jail time lasting from 10 days to 1 year or (B) jail time running from 96 hours to 1 year and an alcohol/drug program lasting for 18 months or 30 months. The DMV will impose a 2-year driverÕs license suspension. Jail time ranging from 90 days to 1 year and a fine between $390 to $1,000 fine. The DMV will impose a 6-month driverÕs license suspension. THIRD Offense within 10 years Jail time may range from 120 days to 1 year in length, a $390 to $1,000 fine and an 18-month alcohol/drug program if you havenÕt already completed one. The DMV will impose a 3-year driverÕs license revocation. A jail sentence ranging from 120 days to 1 year and a $390 to $1,000 fine. The DMV will impose a 3-year license revocation. FOURTH or Subsequent Offense within 10 years A jail sentence ranging from 180 days to 1 year and a $390 to $1,000 fine. DriverÕs license will be revoked for 4 years. If an alcohol/drug program was not completed previously, an 18-month alcohol/drug program will be ordered. A state prison sentence of 16 months or 2 or 3 years or 180 days to 1 year in county jail, as well as a $390 to $1,000 fine. The DMV will impose a 4-year license revocation. DMV License Suspensions and Revocations DMV License Suspension Process The DMV administrative suspension process starts the moment a driver receives a DUI citation. The arresting police officer will take the license away immediately if the driver: * Refused to submit to a chemical test after the arresting police officer requested it. * Violates the admin per se laws, which is .08% for drivers 21 years of age or older and .01% for drivers that are below the legal drinking age. A licensed offender is then served a revocation or suspension order by the DMV. The order is a 30-day license. The revocation or suspension period begins after 30 days. A driver has 10 days from the date of citation to ask for a DMV hearing. Issues that can be considered at the DMV hearing: * Did the arresting officer have reasonable cause to believe that the driver had an illegally high blood alcohol concentration? * Was the arrest a lawful one? Or, if the driver was 21 years of age and under, was he or she Òlawfully detained?Ó * Did the driver have a BAC of .08% or greater? * Did the driver refuse to take a preliminary alcohol screening (PAS) test or a chemical test? * Was the driver told that refusing to take the test would lead to his or her driverÕs license being revoked or suspended? DMV hearings are separate from criminal prosecutions. Proceedings and findings in one venue do not affect the other. There is, however, a key exception: If a defendant is found not guilty in a criminal case, then the ALS ruling and accompanying sanctions will be overturned. DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS FIRST OFFENSE .08 or Greater Refusal 6 month suspension 1 year suspension SECOND OFFENSE Within 10 Years .08 or greater Refusal 2 year suspension 2 year revocation THIRD OFFENSE Within 10 Years 08 or greater Refusal 3 year revocation 3 year revocation FOURTH OFFENSE Within 10 Years .08 or greater Refusal 4 year revocation 4 year revocation
  13. R. L. Duquette: Should you ultimately be convicted of driving under the influence, you may be facing severe penalties. Know Your California DUI Rights: Most driving-under-the-influence arrests are made at night. The alleged offenders are detained because the police may have seen them driving in a manner that justifies a detention for questioning. The police must be able to point to specific facts that show that the behavior deserved investigation. These typically will include erratic driving, violating vehicle laws like high beams that shine into oncoming traffic, or defective vehicle equipment. Unless the police have a valid reason for stopping you, your lawyer may be able to bring a motion to suppress any evidence obtained later (i.e., blood test results, police observations.) The exception to this law is authorized sobriety road blocks, where the police don't have to show that a specific suspected violation was the reason for the stop. You can be stopped at such a road block because it is designed as a regulatory device to promote public safety, like an airport search. Nevertheless, the law does provide that nine guidelines must be met in order to conduct a valid roadblock, including: advance public warning, warning lights of the checkpoint, and an available turnout to avoid the checkpoint. Assume you are legally detained and are asked to step from your car to perform field sobriety tests, you may refuse these tests. Be aware that these tests assist the officer in a determination of your sobriety, as do your driving pattern, attitude, and any blood-alcohol test results. If for some reason you are unable to perform certain tests (i.e. physical disability, high heels, sloped roadway, etc.), be sure to explain this to the officer. Should you be requested to recite the alphabet, you might want to insist instead to write it on paper and sing it so there is a record of you ability to recall, a sobriety consideration. You may be asked how many drinks you had, as well as how much you've eaten and when. You may refuse to answer these questions. The prosecution calibrates your blood-alcohol level at the time of driving based on this type of information. You may exercise your Fifth Amendment right to remain silent; however, you must answer questions relating to your identity. The newest device used to establish probable cause to arrest is the PAS (Preliminary Alcohol Screen) device. It's a hand held portable breath test. You may refuse this test if you are over 21 years old, but must submit to a jail house blood or breath test. Urine tests are no longer used because of their unreliability. Don't mix up the field and jail tests. If the officer determines there is cause, you may be placed in the police car and taken to the police station for a choice of blood or breath test. If you fail to cooperate, you may be considered a "refusal" and additional penalties will result if you are convicted. The present legal rate of intoxication is a level of .08 as of January 1, 1990. This level is determined in large part from the blood or breath tests. Once you have finished the tests, you are photographed and given the right to telephone someone. Sometimes the police will allow you to be released to a sober relative, or you can have a bail bondsman obtain your release, usually for a 10 percent fee of your bail amount. You can post your entire bail if you have it and save the 10 percent. The prosecution process now begins. If convicted, you may face very stiff financial sentences and the loss of your driving privilege if you fail to call the DMV within 10 days to schedule an APS (Admin Per Se) hearing. See Know Your California DMV Rights in the Citizen's Legal Press for more information! California Criminal Penalties for Driving Under the Influence (Vehicle Code Section 23152 / 23536) Work Restricted California Driver License JUVENILE DUI If you are under 21 and are arrested for DUI, you face a DMV (civil) Administrative .01 Blood Alcohol concentration standard (California Vehicle Code 13390), as well as a court (criminal) per se .05 Blood Alcohol concentration standard (California Vehicle Code 23140-23143) an infraction. Note, should the blood alcohol concentration greatly exceed .05 and approach a .08, the District Attorney may elect to file the case as a misdemeanor DUI. Please note, that a conviction of California Vehicle Code 23140 is still two(2) points for DMV negligent operator purposes (California Vehicle Code 12810(d)(2). There are ways to obtain a critical need license speak with a licensed attorney for more information. Alcohol Programs in Southern California Tips To Help Avoid a DUI Conviction PLEASE DON'T DRINK AND DRIVE. But if you should be detained for a possible violation, be aware of your legal rights.
  14. Lawrence Taylor
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