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Encino DUI Lawyers

• Striklin, Donald: Do I Need a Lawyer? If you have to ask that question, you certainly need to speak to an attorney. One of the reasons for consulting with an attorney is to find out whether you actually need representation or not. That can be decided only with the aid of experienced counsel, and only after he or she is familiar with all the facts of your case.
• Angela Berry-Jacoby: Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply.Ê Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.
• Julius Stewart: The law is complex and confusing if you are not an attorney.
• Mark Daniel Melnick: DUI Defense DMV Hearings After a DUI arrest there are actually two seperate cases, a DMV case and a court case. A DUI can result in suspension of drivers license, increased insurance costs, loss of employment and, ocassionally, jail time. The Law Offices Of Mark Daniel Melnick will deal with both the DMV and the courts to assure that all rights are protected and the priviledge to drive is not summarily suspended.
• James Blatt: Driving While Intoxicated: (1) The offense of operating a motor vehicle in a physically or mentally impaired condition after consuming enough alcohol to raise oneÕs blood alcohol content above the statutory limit (.08% in many states), or after consuming drugs. (2) Driving under the influence.
• Amir Soleimanian: When deciding whether to fight your traffic ticket, you need to think about the consequences of simply giving up and paying your ticket. Will this ticket increase your chances of loosing your license? Will your insurance rates increase? As most people know, insurance companies increase your insurance rates based on your driving record. Since tickets can remain on your driving record for a long period of time, multiple traffic tickets can lead to substantial rate hikes in your insurance premiums.
• Nick Hedding: California law separates DUI and Felony DUI. A felony DUI usually involves a serious injury. In either case, a court date may be scheduled months after your arrest. However, this does not mean that there are not other proceedings that threaten your ability to continue driving. The Department of Motor Vehicles (DMV) begins the process to suspend your license immediately. These suspension proceedings typically seek to prohibit you from driving from between four months and two years. State law requires that you contact the DMV within 10 days of your arrest to schedule an administrative hearing to contest your suspension and extend your driving privileges. This 10-day period includes weekends and holidays. We can help with this proceeding and we have a hotline to the DMV and can schedule these hearings. Not requesting a hearing within the 10-day period will result in the suspension of your driver's license. If your license was taken at the time of your arrest, you were issued a temporary license (an administrative per se license). Many of your rights and responsibilities are obtained in this document. The DMV and the courts operate and are guided by different sets of rules and laws. It is important that you are aware of and represented in both proceedings by a lawyer. If you have missed this 10-day deadline, there are still things that we can do to remove or minimize your license suspension. The key is to contact us immediately.
• Gerald Fogelman: If you are arrested for breaking a criminal law, the case is taken before a magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge of the courts. During the arraignment the defendant is formally told what offense he is charged with, told their constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, bond may be reviewed, and a date for the next hearing will be scheduled.
• Gurovich & Associates:

  
  The concentration of alcohol in oneÕs bloodstream, expressed as a percentage. Blood alcohol content is used to determine whether a person is legally intoxicated, especially under a driving-while-intoxicated law.

  If You Drive In California:

  • It is a crime for anyone with a blood alcohol level of .08 percent or higher to operate a motor vehicle on a public roadway.
  • California has enhanced penalties for convicted offenders with BAC level of .20 or above.
  • Anyone arrested for driving under the influence must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver's license for one year.
  • If you are arrested for driving under the influence and your blood alcohol level is .08 percent or more, your driver's license will be taken away by the arresting officer at the time of your arrest. A 30-day temporary permit will be issued by the Department of Motor Vehicles to allow for administrative review and appeal, then your license will be suspended for four months. If you refuse to take a test, your license will be suspended one year.
• Hedding Law Firm: Will I go to jail for a DUI? The answer is maybe. Almost all first-time DUI offenders do not serve any time in jail. Individuals with more than one DUI offense are more likely to serve jail time depending on the circumstances of their case. However, if you have caused an accident, or the serious injury or death of another person because you were driving under the influence, you can be tried for vehicular manslaughter or second degree murder. In those situations, your chances of serving time in jail increases drastically.Ê Will I loose my driverÕs license if I got a DUI? Maybe. When an individual is arrested and charged with a DUI, he/she has 10 days to schedule a DMV hearing. The hearing will determine whether or not the driver will get to keep his/her driving privileges. Failure to schedule a DMV hearing will result in immediate suspension of your driverÕs license for at least four months starting 30 days after your arrest. Even if the DMV hearing permits the driver to keep his/her driving privileges, he/she can still lose them if found guilty during the criminal trial. When a law enforcement officer pulls me over on suspicion of a DUI, what are some typical signs of intoxication that he/she looks for? Typical signs of intoxication include slurred speech, loud or offensive behavior, glazed or bloodshot eyes, open containers of alcohol in the car, alcohol on the breath, disheveled clothing, flushed appearance, failure to follow directions or comprehend questions, and fumbling, stumbling, swaying, or staggering. There are common actions indicative ofÊ intoxication that a officer looks for before pulling an individual over for drunk driving such as wide turns, swerving, weaving, driving in two lanes, rapid acceleration or driving unusually slow, abrupt movements, drifting, braking erratically, failure to follow traffic signs and signals, following another car too closely, etc. Do I have to submit to a field sobriety test or a breathalyzer test? If an officer asks you to perform a field sobriety test, you are not required to take it and can politely decline. On the other hand, refusing to take a chemical test can result in immediate consequences such as a one year suspension of your driverÕs license and an increase in monetary fines and other penalties. Furthermore, your refusal can and most likely will be used as evidence against you in court. Under CaliforniaÕs Implied Consent Law, all drivers must submit to a chemical test if the officer suspects you are under the influence of drugs or alcohol. You can however request a blood test as opposed to breathalyzer test and vice versa. California law separates DUIs and Felony DUIs. A felony DUI usually involves a serious injury. In either case, a court date may be scheduled months after your arrest. However, this does not mean that there are not other proceedings that threaten your ability to continue driving. The Department of Motor Vehicles (DMV) begins the process to suspend your license immediately. These suspension proceedings typically seek to prohibit you from driving from between four months and two years. State law requires that you contact the DMV within 10 days of your arrest to schedule an administrative hearing to contest your suspension and extend your driving privileges. This 10-day period includes weekends and holidays. We can help with this proceeding and we have a hotline to the DMV and can schedule these hearings. Not requesting a hearing within the 10-day period will result in the suspension of your driver's license. If your license was taken at the time of your arrest, you were issued a temporary license (an administrative per se license). Many of your rights and responsibilities are obtained in this document. The DMV and the courts operate and are guided by different sets of rules and laws. It is important that you are aware of and represented in both proceedings by a lawyer.
• James Barnes: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol.
• Scott Spindel: You must understand the state of California follows the implied consent law. This means that if you have been arrested for driving under the influence you must submit to a chemical test, blood or breath and in some cases urine (only if blood or breath are unavailable) to determine the alcohol content of your blood. If you fail to complete or refuse to take a chemical test your license will be suspended for one year. However, you are entitled to a hearing with the Department of Motor Vehicles, which also must be requested within 10 days of your arrest.
• Auletta & Associates: A drunk driving arrest requires immediate attention.
• Galliard, Jones & Resnick: A DUI arrest is actually two individual cases in the form of one driving under the influence charge. The first is the criminal case, and the second and less familiar, is the Department of Motor Vehicle Administrative Per Se suspension/revocation. The criminal charges are governed by criminal law while the Department of Motor Vehicles administration per se suspension/revocation are governed by administrative and civil law.
• Letz, Milliken & Chesham: A DUI arrest is actually two individual cases in the form of one driving under the influence charge. The first is the criminal case, and the second and less familiar, is the Department of Motor Vehicle Administrative Per Se suspension/revocation. The criminal charges are governed by criminal law while the Department of Motor Vehicles administration per se suspension/revocation are governed by administrative and civil law.