Fullerton DUI Lawyers
- Trosko, Matt:
People under the age of 21 who are arrested on DUI charges face heightened penalties and the potential of losing their license for one year or longer.
- Borsari, David:
DUI
Drug Posession
Assault
Battery
Theft
Reckless Driving
Embezzlement
Indecent Exposure
Robbery
Carjacking
- Naqvi,Elia:
Some basic issues to consider in DUI defense are whether there is any admissible evidence that you were driving the car. The prosecution has to prove beyond a reasonable doubt that you were driving the vehicle. The officerÕs also have to show that your ability to drive was impaired due to intoxication or use of drugs. The officerÕs observations and field sobriety tests can be thoroughly challenged in a trial due to the subjective nature of these observations and opinions regarding the field sobriety tests.
There are several ways to challenge the reliability and admissibility of the chemical tests, including blood, breath or urine testing. An experienced attorney can challenge the chain of custody of blood, and urine testing. We will also look at various calibration records to see whether the breath test machine was functioning appropriately.
There are also various defenses that can be raised with the help of an expert, such as, rising blood alcohol defense. We will also look into the procedure by which the chemical test was taken and whether the machines were maintained and the procedure laid out by state was followed.
DUI cases are complex cases with tremendous amount of issues and a chance for success if it is handled by an experienced attorney ...
- Jeffrey Stearman:
Even if you are charged with a misdemeanor, it is important to get the best possible criminal attorneys to protect your rights. Misdemeanors can be punishable by imprisonment in the county jail for up to one year, and there are potential collateral consequences to a misdemeanor conviction. While many misdemeanors provide for a minimal punishment, the potential for such consequences are still high and that is why it is important to have an experienced legal professional by your side.
- Mark Madison:
Police officers conduct "field sobriety" tests on drivers when they make vehicle stops and suspect that a driver may be intoxicated. Designed to help officers determine whether a driver is intoxicated based on the officer's assessment of the driver's physical or cognitive ability, these on-site tests typically include the following physical agility exercises:
¥ Horizontal Gaze Nystagmus (HGN) driver must follow officer's penlight with his eyes
¥ Walk and Turn requires driver to walk a certain distance and turn around heel-to-toe
¥ Standing on One Leg requires driver to raise one leg while counting aloud
¥ Finger to Nose driver must bring the index finger to the nose with eyes closed
¥ Rhomberg Balance Test driver must stand still with his head tilted back
- Hugh Whittemore:
DEPARTMENT
OF MOTOR VEHICLES INFO ON DUI's IT
IS A CRIME: - for
anyone with a blood alcohol content (BAC) of .08 percent or higher to drive on
a public roadway.
-
to drink any alcoholic beverage in a motor vehicle on a public roadway. (Driving
or not)
- to
have an opened container with any amount of alcohol in a vehicle on a roadway
unless the container is kept out of the immediate control of the occupants. (Driving
or not)
If
you are arrested for driving under the influence you must submit to a (blood,
breath, or urine) test to determine the BAC.
If
you refuse to take or complete the test, your license will be suspended for 1
year. If you are
arrested for driving under the influence and your BAC 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. CONVICTIONS
AND FINES: - 1st
conviction: You will be fined $390 to $1,000 and serve 96 hours to 6 months in
jail with 3-5 years of probation.
- 2nd
conviction: You will have the same fines as a first conviction; however, the term
of imprisonment will be at least 90 days to 1 year.
- 3rd
conviction in seven years can lead to a prison term of two to four years, plus
additional fines.
- 4th
conviction: is an automatic felony.
.
. . with each subsequent violation the penalties are enhanced.
.
. . out-of-state convictions are considered prior convictions in California.
If
you were driving in a reckless manner and driving 30 mph over the speed limit
on a highway, or 20 mph on any other roadway, a 60-day penalty will be added to
your sentence. If
there is a child under age 14 in the vehicle upon arrest, penalties are enhanced
up to 90 days for DUI. The
driver may also be convicted of child endangerment, which is a misdemeanor and
is punishable by up to 1 year county jail time or 2-6 years in state prison.
Note
- fines do not include the cost of attorneys, vehicle impoundment or court penalty
assessments (which may equal or exceed the original fine).
DESIGNATE
A DRIVER Use
a designated driver . . . If
your group is partying, decide beforehand who will not drink and be the designated
driver. Many bars and restaurants throughout California encourage the designated
driver approach by providing that person with all the non-alcoholic beverages
he or she wants - on the house! To
find out more about your community's designated driver program, please contact
your local CHP office. CHP
941 (Rev. 2/1994) OPI 013
- Jacqueline Goodman Rubio:
Contrary to popular belief, when a person is arrested, the police are
NOT required to "read you your rights." The reading of the "Miranda"
warnings (right to remain silent, right to an attorney, etc.) and the
obtaining of the suspect's waiver of those rights is required ONLY in
order for the prosecutor to later use the statements of theÊaccused
against him at trial.Ê Miranda warningsÊare,Êmoreover, only
requiredÊwhen you are in police custody AND they want to ask you
questions which are designed to elicit an incriminating response.Ê If,
for example, you voluntarily go to the police station to make a
statement (ie, you're not "in custody", or if, while you are in custody,
you blurt out statments (not in response to a policeman's question),
these statements come in regardless of a lack of Miranda warnings and
waivers.Ê Never agree to speak without first consulting a lawyer.Ê I
guarantee that no police officer would if (s)he were asked to.
DUI Arrest--What Now?
I've just been arrested for DUI. What happens now?
The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
At the time of my arrest, the officer confiscated my driver license. How do I get it back?
Your driver license will be returned to you at the end of the suspension or revocation, provided you pay (on or after January 1, 2003) a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code ¤¤¤¤23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.
The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?
You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?
A hearing is your opportunity to show that the suspension or revocation is not justified.
For how long will my driving privilege be suspended if I took the chemical test?
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:
* A first offense will result in a 4-month suspension.
* A second or subsequent offense within 10 years will result in a 1-year suspension.
If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
Do I need a hearing to get a restricted license to go to and from work?
No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license to drive to and from work at any DMV field office.
The officer stated I refused to take a chemical test. What does this mean?
You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:
* The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
* Both the blood or breath tests are not available, or
* You are a hemophiliac, or
* You are taking anticoagulant medication in conjunction with a heart condition.
How long will my driving privilege be suspended for not taking the chemical test?
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:
* A first offense will result in a 1-year suspension.
* A second offense within 10 years will result in a 2-year revocation.
* A third or subsequent offense within 7 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
* A first offense will result in a 1-year suspension.
* A second offense within 10 years will result in a 2-year revocation.
* A third or subsequent offense within 10 years will result in a 3-year revocation.
How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?
The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
- Mark Madison:
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.
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