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Hollywood DUI Lawyers

1. Shapiro, Robert: Did you give the best answer when you were pulled over by an officer or deputy and asked if you have or not have been drinking? Should you taken the breathalyzer test? What if I failed the roadside sobriety exercises? If you don't know if you gave the correct answers or act correctly the consequences could affect you for the rest of your life. The outcome of your answers can occur on a DUI conviction, whether you answered "just one drink or just one beer", or "just a couple of glasses or just a few" you will need the assistance of a lawyer, and the office of Robert Shapiro and the TRAFFIC TICKET LEGAL CENTER can help you to fight it back. [Don't leave home without our phone - click here to print YOUR WALLET CARD] D.U.I. ~ Driving Under the Influence of Alcohol can result in fines, suspension your driver's license, or been revoked, and/or even jail. If you are cited for driving under the influence of alcohol or drugs, these are serious charges. It is recommended that all people charged with driving under the influence consult with an attorney, and The Traffic Ticket Legal Center and Robert Shapiro is ready to take your case. But you must act fast, many states have laws that require you to take action immediately after your arrest to protect your rights. ROADSIDE SOBRIETY EXERCISES Did you know that roadside sobriety exercises are voluntary and are not required by law? This test is used by police officers/deputies as evidence in a case of Driving Under the Influence goes in front a jury in the court of law, to justify, the police officer will claim that he/she needed certainty that the driver was impaired to operate the vehicle. Whether you have been drinking or not, this test is difficult as is. The officer has practiced this test many times before as part of his training, but you didn't, and you will probably look impaired during your performance even if you did not drink. You must take in consideration that different scenarios can affect the result of your test: YOU: ask yourself if during the test you were: nervous or fatigued, wear glasses or contact lenses, had any dental services done that day, use of any prosthetics, have any pre-existing physical condition that could have affected your balance, coordination or speech during your test, among many others. PROCEDURE: you MUST remember if you were respectfully asked to do the test or coerced/persuaded to do the test by the officer/deputy, if it was conducted fairly, on a dry pavement, well lit area, or on a sloped side of the roadway while traffic was passing by, if you were involved in an accident with injuries, just to name a few, can result in your test been dismissed. If this is your case, the Traffic Ticket Legal Center and Robert Shapiro can prove the you may have been treated unfairly in the eyes of the law. THE BREATHALYZER TEST Also known as BAT (breath alcohol testing) is used by police officers/deputies to determine the level of the driver's intoxication. The breathalyzer test is administered to determine whether your blood alcohol level is .08 or above, this test is very reliable, however it is often administered improperly, leading to flawed results. If your breath test was not given properly, your reading is meaningless NO MATTER HOW HIGH IT IS. The refusal to submit to a breath or urine test for the first time can only subject you to a civil license suspension, and most likely the night in jail. However, if you blow into the machine and your breath reading is .08 or higher, your license will be suspended, and spend the night in jail. The critical difference is that if you blow into the machine you provide the police with evidence for a jury to convict you, and if convicted your DUI criminal conviction will remain on your driver's license for the rest of your life. We may be able to dismiss your Breathalyzer test if: PROCEDURE: you MUST remember if you were respectfully asked to do the test or coerced/persuaded to do the test by the officer, if you were told that you had the option to refuse, and that your driver's license would be suspended if refused, if the police officer is a certified operator to conduct the test, if the intoxilyzer equipment was properly calibrated and tested, if you had to keep blowing, or had to blow numerous times to get a breath reading, if you were observed for the required 20 minutes before giving you the test, all these can result in your test been dismissed, even better your entire DUI case to be dismissed. Under the State of FloridaÕs policy for DUI, .08 or above coupled with the voluntary roadside sobriety exercises provides for a likely conviction for DUI. However, you will make certain choices that can affect your future, many people pulled over after 1-2 glasses of wine will find themselves in a serious predicament which can have completely different outcomes depending upon what they say or do upon contact with the officer/deputy, therefore it is important that you consult with a lawyer whether if you are guilty or not ~ your future can depend on it!
2. Franklin, Jonathan: Just because your breath or blood-alcohol tested .08 or above does not mean that conviction on the charge is a certainty. There may be procedural, mechanical, or biological factors on which a successful defense can be based. For example, the police may have made an improper stop. The breath or blood test may not have been conducted correctly. Or the breath testing machine may not have been in proper working order. After a drunk-driving arrest, you may think that your most important task is the recovery of your vehicle. While that is an important step in getting your life back to normal, your troubles have just begun. You face some tough decisions about your legal representation. A DUI arrest triggers two legal actionsÑa criminal DUI charge and an administrative proceeding that will very likely result in a driver's license suspension. You will need a lawyer who can address both problems. Do Not Delay Hiring a Lawyer Following a DUI arrest, you have 10 days in which to request a DMV hearing regarding your driver's license. If you do not ask for a hearing, you will get an automatic license suspension. Driver's License Restoration The California Department of Motor Vehicles does not automatically restore your driver's license. You have to ask for it and demonstrate to their satisfaction that you deserve your license.
3. Stephen King: Question: If I'm stopped by a police officer and he asks me if I've been drinking, what should I say?Ê Answer: You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication Ñ and it may explain the odor of alcohol on the breath. Question: Do I have a right to an attorney when I'm stopped by an officer and asked to take a field sobriety test?Ê Answer: In California, there is no right to speak to an attorney until after you have submitted to blood or breath testing at the station (or have refused to do so). Question: What is the officer looking for during the initial detention at the scene?Ê Answer: The traditional symptoms of intoxication taught at the police academies are: Ê * Flushed faceÊ * Red, watery, glassy and/or bloodshot eyesÊ * Odor of alcohol on breathÊ * Slurred speechÊ * Fumbling with wallet trying to get licenseÊ * Failure to comprehend the officer's questionsÊ Staggering when exiting vehicleÊ * Swaying/instability on feetÊ * Leaning on car for supportÊ * Combative, argumentative, jovial or other "inappropriate" attitudeÊ * Soiled, rumpled, disorderly clothingÊ * Stumbling while walkingÊ * Disorientation as to time and placeÊ * Inability to follow directions Ê Question: What should I do if I'm asked to take field sobriety tests?Ê Answer: There are a wide range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat, etc. Most officers will use a set battery of three to five such tests. Unlike the chemical test, where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitably "fails". Thus, in most cases a polite refusal may be appropriate. Recently, many states have begun following the federally-approved ( National Highway Traffic Safety Administration) "standardized" field sobriety tests. These consist of a battery of three tests: Ê * Heel-to-Toe (also referred to as "walk-and-turn")Ê * One-Leg StandÊ * Horizontal Gaze Nystagmus Ê All other field sobriety tests are disapproved. And unlike non-standardized tests, in which the officer subjectively decides whether the suspect passes or fails, the SFSTs are scored objectively Ñ that is, a numerical score is assigned according to specific errors, or "clues". Ê Ê Question: Should I agree to take a chemical test? What happens if I don't?Ê Answer: There are three adverse consequences to refusing to submit to a breath or blood test (or urine if neither is available or if drugs are suspected): Ê * Your driver's license will be suspended for one year rather than four months; if this is a second offense, the suspension is for two years. Unlike a suspension for having over .08% blood-alcohol, there is no possibility of obtaining a work-restricted license.Ê A refusal, if alleged in the complaint, carries a mandatory minimum jail sentence.Ê * The fact of refusing can be introduced into evidence at trial as evidence of "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal, such as fear of needles or inability to blow into the machine hard enough. Ê Thus, the decision is one of weighing the likelihood of an incriminating blood-alcohol result against the consequences of refusing. Question: Do I have a choice of chemical tests? Which should I choose?Ê Answer: In California, you are supposed to be given a choice of blood or breath testing. Urine testing can be required if neither blood nor breath is available, or if the officer reasonably suspects the presence of drugs. If a breath test is chosen, the officer is supposed to advise you that, because a breath sample will not be saved for later reanalysis by the defense, you are entitled to a second test of blood; many officers, however, fail to provide this information. Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. The least accurate is urinalysis. Question: The officer never gave me a Miranda warning: Can I get my case dismissed?Ê Answer: No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Of more consequence in most cases is the failure to advise you of the state's "implied consent" law - that is, your legal obligation to take a chemical test and the results if you refuse. This can affect the suspension of your license. Ê Ê Question: The officer took my license and served me with a notice of suspension after the breath test: How can he do that if I'm presumed innocent?Ê Answer: Agreed, it is blatantly unfair. But the law in California provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit (or, in the case of a blood or urine test, if the officer reasonably believes the result will be above the limit) or the individual refuses to take a chemical test. WARNING: Be aware of a 10-day deadline for calling theÊ California DMV to request a hearing on the suspension and to get an extension of the temporary license. Question: What is the punishment for drunk driving?Ê Answer: This varies from jurisdiction to jurisdiction and can become quite complex depending upon the facts of the individual case. Generally speaking, a first offense with no "enhancements" (see #16) will involve a fine of about $1700, a 90-day license restriction (in addition to the DMV suspension), attendance at a DUI school for 3, 6 or 9 months and probation for three years. A short jail sentence may or may not be required; for a second offense, it almost certainly will. Additional punishment may involve community service, ignition interlock devices,Ê AA meetings and/or impounding of the vehicle. Question: What is a sentence "enhancement"?Ê Answer: California law increases the punishment in drunk driving cases if certain facts exist. The most common of these is an earlier conviction for the same or a similar offense within seven years of the current offense. Other commonly encountered enhancements (which must usually be alleged in the complaint) include: Ê * A child was in the car at the time.Ê * The defendant was traveling 20 or 30 miles over the speed limit at the time.Ê * TheÊ blood-alcohol concentration (BAC) was over .20%.Ê * The defendant refused to submit to a chemical test.Ê * There was property damage or injury.Ê * The defendant was under 21 ("zero tolerance" laws commonly require a much lower blood-alcohol level and impose longer license suspensions). Ê The existence of any personal injury caused by drunk driving elevates the offense to a felony. A death can trigger manslaughter or even, if special circumstances exist, murder charges. Question: What is a "rising BAC defense"?Ê Answer: It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING Ñ not at the time of being TESTED. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested.Ê Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .10%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%. In other words, the test result shows a blood-alcohol concentration above the legal limit Ñ but his actual BAC AT THE TIME OF DRIVING was below. Question: What is "mouth alcohol"?Ê Answer: "Mouth alcohol" refers to the existence of any alcohol in the mouth or esophagus. If this is present during a breath test, then the results will be falsely high. This is because the breath machine assumes that the breath is from the lungs; for complex physiological reasons, its internal computer multiplies the amount of alcohol by 2100. Thus, even a tiny amount of alcohol breathed directly into the machine from the mouth or throat rather than from the lungs can have a significant impact. Mouth alcohol can be caused in many ways. Belching, burping, hiccupping or vomiting within 20 minutes before taking the test can bring vapor from alcoholic beverages still in the stomach up into the mouth and throat. Taking a breath freshener can send a machine's reading way up (such products as Binaca and Listerine have alcohol in them); cough syrups and other products also contain alcohol. Dental bridges and dental caps can trap alcohol. Blood in the mouth from an injury is yet another source of inaccurate breath test results: breathed into the mouthpiece, any alcohol in the blood will be multiplied 2100 times. A chronic "reflux" condition from gastric distress or a hiatal hernia can cause elevated BAC readings Question: What defenses are there in a DUI case?Ê Answer: Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas: * Driving Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of some accidents, there are no witnesses to his being the driver of the vehicle.Ê * Probable cause. Evidence will be suppressed if the officer did not have legal cause to(a) stop, (b) detain and (c) arrest. Sobriety roadblocks present particularly complex issues.Ê * Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time.Ê * Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, in some states (including California) this may affect admissibility of the test results Ñ as well as the license suspension imposed by the motor vehicle department.Ê * "Under the influence". The officer's observations and opinions as to intoxication can be questioned Ñ the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing". Too, witnesses can testify that you appeared to be sober.Ê * Blood-alcohol concentration. There exists a wide range of potential problems with blood, breath or urine testing. "Non-specific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state's expert witness and/or the defense can hire its own forensic chemist.Ê * Testing during the absorptive phase. The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results.Ê * Retrograde extrapolation. This refers to the requirement that the BAC be "related back" in time from the test to the driving (see question #17). Again, a number of complex physiological problems are involved here.Ê * Regulation of blood-alcohol testing. The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc.Ê * License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the state'sÊ department of motor vehicles.