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Los Angeles DUI Lawyers

1. Pardoe & Associates: What to do after a drunk driving (DUI) arrest in California 1. Contact the DMV within 10 days of your DUI arrest 2. Obtain and review a copy of your Police Report 3. Educate yourself - learn about Legal Representation 4. Know your options in Court & then Decide what you want to do contact the DMVStep 1: Call the DMV immediately! This is the first thing you must do after you are arrested for a DUI - otherwise your license will almost certainly be automatically suspended 30 days after your arrest date. You only have 10 days to call the DMV after your DUI arrest date to obtain a STAY and a HEARING. These 10 days include weekends. For example if you were arrested on January 5 you only have until January 15 to make a DMV hearing request. A stay and a hearing buy you more time to drive and a chance at possibly avoiding a license suspension. Note: get a STAY and a HEARING even if your license is suspended, so make this phone call ! DMV Driver Safety Offices You must contact a specific DMV office called a Driver Safety Office to request a stay and a DMV hearing. Your local neighborhood DMV office cannot help you! There are 3 Driver Safety offices in Los Angeles County and you must contact the office closest to where you were arrested by the police. DMV Phone numbers & Fax's If Arrested in Western Los Angeles County call DMV El Segundo (310) 615-3500 Fax (310) 615-3581 If Arrested in Eastern Los Angeles County call DMV Commerce (323) 724-4000 Fax (323) 724-9262 If Arrested in the San Fernando Valley call DMV Van Nuys (818) 376-4217 Fax (818) 376-4215 MORE: what you need to ask and tell the DMV. top of page Step 2: Obtain & Review a copy of your DUI Police Report get a copy of your DUI police reportAfter you are arrested for a DUI, the police officer prepares a written arrest report about you that is then forwarded to the Prosecutor's office and then the court. This report is also usually forwarded to the DMV. It is very important that you read this report to see what the officer is saying about you and to see what your breath tests or blood test results are. In this police report, you will find out :- * why the officer stopped you * how was your driving in the officer's opinion * what your objective symptoms were (e.g. alcohol on breath, red, watery eyes, slurred speech, poor coordination, etc.) * how did you do on the field sobriety tests * your answers to most of the police officer's questions regarding for example how much you had to drink and when and where you were coming from etc. * your breath test results and the serial number of the breath machine you blew into (knowing the serial number of the machine allows you to check the accuracy and maintenance history of the machine you blew into) * your blood test results if you took one * etc. Often, the police report contains biased opinions, omits information that is helpful to you and will exaggerate other information to make you look bad in the eyes of the prosecutor. How to get a copy of your Police Report The Police Report is available on your first court date. This court date is listed at the bottom of the ticket you were given. If you request a DMV hearing, you can request the DMV to send the Police Report to you approximately 10 days before the DMV Hearing. It is usually difficult to get your police report from the police before your court date. However, if you were involved in an accident and California Highway Patrol (CHP) officers arrested you, you can obtain your accident report from the CHP station listed on the bottom of your pink temporary license that was given to you. Remember & record what the Police Officer did & said to you remember what the officer said when you were arrested for DUIIt is important for you to note and remember what the officer said and did to you and preserve any other evidence that helps you:- * Did the officer tell you why were you pulled over? * Were there any witnesses to your arrest and were there witnesses to your drinking? * Was an officer with you for the 15 minutes right before you blew into the breath machine at the police station, closely observing you? * Did you vomit, burp, smoke, or drink anything just before blowing into the breath machine? * Did the officer do or say anything unusual or inappropriate? * Was the officer young and inexperienced and being trained by an older officer? * Did you take any photos of anything that supports your side of the story? Note and record all potential evidence that can help you in court and for the DMV hearing. top of page Step 3: Learn about DUI Legal Representation learn about DUI legal representationAt some point you need to decide if you want to :- 1. Represent yourself 2. Obtain the services of the public defender (the court will appoint a DUI lawyer for you if you cannot afford one) 3. Or hire your own DUI lawyer, a private attorney. After you get arrested for a DUI, you will get anywhere from 15 to 100 letters from private DUI lawyers advertising their services. Getting a Public Defender If you do not want to represent yourself or spend the money to hire a private DUI lawyer you can use the services of the Public Defender:- * On your first court date, you can request the services of the Public Defender - a Government lawyer who will represent you at minimal cost * The court will evaluate whether or not you qualify for the public defender; (it depends on how much income you make) * The court will appoint a lawyer for you if you do qualify. * Click here information from the Los Angeles County Public Defender (this link will open in a new window in your browser) * If you are unsure of what to do, you can always start off with the public defender and if you change your mind you can then hire your own DUI lawyer later on. If you need more time to make a decision the Judge will give you a 2 to 3 week continuance to hire a lawyer if you ask. You can also go to court by yourself on your first court date and ask the judge for a two to three week continuance in order to hire a DUI lawyer and the judge will grant you a continuance for this purpose. Representing yourself In some situations, you can obtain the same results in court as a DUI lawyer could, so it is probably a better idea not to hire a lawyer and instead save your money in order to pay the court fines and to pay for the alcohol class. You really need to evaluate what hiring a private DUI lawyer can do for you. Is it worth hiring a DUI lawyer is something you want to think about. Can a private DUI lawyer help with your DUI arrest? How can a private DUI lawyer potentially help you with your DUI arrest? Some examples: 1. Go to court for you so you do not have to go and appear in court in front of the judge on your behalf. 2. Handle your DMV hearing for you and help you with your license. 3. Conduct investigation and Discovery in the case to determine how trustworthy and strong the Government's evidence is against you and evaluate the police officer's arrest of you. 4. Negotiate a plea bargain for you. 5. Help decide if you want to go to trial or work out a plea bargain with the prosecutor. 6. Help Obtain alternatives to jail. 7. Assess the case and counsel you on your options. 8. Try and protect you from any additional punishment. 9. Represent you in a jury trial for you. top of page Step 4: Determine your goals in resolving your DUI case: PLEA BARGAIN or TRIAL DUI court options - Plea Bargain or TrialAt some point in time during your case, you are going to have to make a decision; whether you want to:- 1. Negotiate and accept an agreement (called a plea bargain) with the prosecutor 2. Or take your case to trial and select a jury to decide your guilt or innocence. There are advantages and disadvantages to both options. This decision does not have to be made immediately and it is usually wise to make it after analyzing and assessing all of the evidence in your case and all of the potential consequences to your job, license, and insurance.
2. Lawrence Wolf: How The Legal Process Works There are several steps taken in the process of California DUI arrest and conviction. This is generally how it works. 1. You are pulled over. In order to be pulled over by the police, they must have a reason to do so. (See CHP link) They may see an abnormal driving behavior such as weaving, a mechanical problem with your vehicle such as a broken head light, or a driving infraction such as an illegal turn. If they suspect that you are driving under the influence of drugs or alcohol, or both, they will require you to submit to a breath test or a blood test to determine the amount of BAC present. You should not refuse the test at the station but you have the right to insist that it be carried out in a controlled environment by people who are specifically trained to administer such tests. You may choose to submit to a breath test or a blood test and you may want to consider 2 factors before making your choice. One, "Breath" evidence cannot be kept in order to be examined at a later date by your own experts whereas two, "blood" evidence can. Do not enter into conversation with the police regarding "what you drank" "where you were", etc. You are only required to give your name and address and you are required to produce all necessary documents but, other than that, you have the right to remain silent. Remember, you still have the right under the constitution to refuse to answer questions without first obtaining advice from an attorney. Do not consent to a roadside breath test. Preliminary alcohol screening is voluntary and you are not required to consent even though the police seldom advise you of that right. They are often performed by unqualified people in uncontrolled surroundings and can give inaccurate readings that may damage your defense. Remember, the police already think you're guilty - that's likely why they stopped you! Make them prove their accusation in a court of law, not on the side of the road. Do not consent to a field sobriety test. These are the tests that require you to walk a straight line, touch your nose, etc. These tests are voluntary and are subject to the interpretation of the police officer giving the test and are not based on scientific fact. If you have already taken a field sobriety test, all is not lost. An experienced Los Angeles DUI attorney can show how ineffective that evidence is in a court of law. 2. You are transported to a police station. You will be required to take either a breath test or a blood test upon arrival at the station. You will not be able to consult a Los Angeles DUI defense lawyer prior to taking the test. If you are found to be under the legal BAC limit, you may still be arrested. At that time will have the right to call an attorney for advice. Do not volunteer any information and follow your attorney's instructions. 3. You must schedule a DMV hearing within 10 days. You will be given a notice of suspension and the DMV must prove that there is sufficient reason for revoking your license. If you do not request a hearing, the suspension will take effect for the legislated amount of time. It is important to remember that the DMV hearing is different from the actual court proceeding that determines your guilt but your failure to exercise your right to a DMV hearing could negatively affect your defense. Please remember, the DMV hearing is not the court hearing. There are actually two sentences that may be imposed, one from the DMV and one from the courts. If you do not schedule a California DMV hearing within 10 days you will lose the right to defend yourself against the DMV at a later date. 4. Your attorney prepares your defense. Do not get discouraged! Several factors come into play when an attorney who is experienced with DUI law prepares your defense. California DUI cases are not cut and dry. You may feel that you have already been proven guilty because of such indicators as "blowing over" the legal limit, but your rights are still protected under the constitution. The burden of proof rests with the prosecutor. Were you stopped by the police because they saw you swerve? If so, did you swerve to miss an object on the road? Did the police notice bloodshot eyes? Were you tired or were your contact lenses bothering you? If you did take a field sobriety test and failed, was it because of medical reasons such as high blood pressure or inner ear problems? Were you feeling intimidated by the interrogation process that may have caused you to become nervous or confused? Did the police officer have the appropriate medical credentials that would support his conclusions? Many factors may cause a breath test to register a false reading. When you took the breath test, had you recently used mouthwash or breath sprays that contained alcohol? Do you have a reflux problem that may have caused stomach contents to re-enter your esophagus? Alcohol that is present in the mouth from breath sprays, burping, etc., will give a false reading. If you were arrested for drunk driving as a result of an accident causing injuries, blood in your mouth may also give a false reading. How long did you wait after you were pulled over before the test was administered? Alcohol enters the blood stream at a certain rate. You may have had a BAC reading of over 0.08 when the test was administered but that does not necessarily mean that you had that reading when you were driving. When you were arrested, were your constitutional rights explained to you? 5. If you are eventually convicted, certain penalties may be imposed. 6. Alternative sentencing. Mr. Wolf is an experienced and resourceful DUI attorney and can often convince the courts that a jail sentence would not benefit either the client or society. Many alternatives can be more effective such as drug/alcohol treatment, house arrest, etc. A California driving while intoxicated defense attorney who is experienced in DUI law will introduce these alternative methods of punishment to the courts and may be victorious in keeping you out of jail. 7. Insurance requirements. If you are convicted of a DUI offense, you will unfortunately suffer financially. Although you cannot be refused insurance coverage based on a DUI conviction, you may be refused coverage by your current insurance provider and be forced to use a provider that has been mandated by the government to offer "high risk" coverage. This coverage is extremely costly. In addition to paying exorbitant premiums, you will be required to provide an SR22 form to the DMV in order to register your vehicle. You will need to provide an SR22 for the next 7 years. The SR22 form proves that you have insurance coverage but also tells the DMV, insurance companies, employers and others that you have been convicted of DUI.
3. Brush & Sachs: An arrest warrant is a written order from a magistrate or other judicial officer to a police officer commanding the seizure of a person.
4. Chason, John: Child Custody Criminal Divorce Domestic Violence Driving While Intoxicated Family
5. Michaels, Michelle: All Criminal Defense matters in State and Federal Court including Assault & Battery Internet Crimes Burglary Juvenile Cases Domestic Violence Murder/Manslaughter Drug Crimes Restraining Orders Driving Under the Influence & DMV actions Sex Crimes Expungements Weapons Crimes Fraud White Collar Crimes Forgery
6. J&M Law Firm: If you or a loved one is arrested for driving while under the influence, it is important to contact a qualified DUI lawyer. A conviction on DUI charges can result in license suspension, fines, mandatory enrollment in a rehabilitation program, and jail time. If you are convicted of manslaughter because someone died in a DUI-related accident while you were at the wheel, you may face an extended jail or prison sentence. We can assure you that if you have been arrested, the prosecution will use all of its resources to see that you are convicted. Your Rights If Pulled Over for Drunk Driving It is important to remember that you have legal rights protecting you from self-incrimination if you are pulled over for driving while under the influence of alcohol. If pulled over on suspicion of a DUI in the state of California, you have the following rights: * You are not required by law to submit to a field sobriety test. * If you are over 21, you are not required by law to submit to a field breath test. * If arrested, you must be given the choice of a blood or breath test. * You can refuse both tests, but in the event of a conviction, the sentencing against you will likely be more severe. * If you choose a blood test, you are entitled to a second test for analysis by a DUI attorney. * You do not have the right to an attorney until you have taken or refused a sobriety test.
7. Elden Law Group: Are you facing vehicular manslaughter charges? If you have been implicated in a serious motor vehicle offense involving felony or gross misdemeanor charges and the threat of a lengthy driver's license suspension, contact a knowledgeable defense attorney ...
8. Lluis, Ramiro: The facts are that a majority of criminal cases are DUIÕs (Driving Under the Influence) extending the criminal court houses to the everyday average citizen and is the reason you need Los Angeles Dui Defense Attorneys or Los Angeles Drunk Driving Lawyers, is because, you need to have some one that can represent you effectively and efficiently through not only the criminal case, but through your DMV (Department of Motor Vehicles). A good DUI lawyer can evaluate your case and determine where steps can be taken that will be in your advantage, whether its being able to get your charges dropped your reducing the charge or sentence, it is the ability of your criminal defense attorney to pinpoint your strengths and weaknesses and use it to your advantage that makes your lawyer invaluable to you. DonÕt take a DUI lightly, a DUI can have severe and adverse affects on your record, affecting many aspects of your life. You owe it to yourself, to have the best representation available by a an experienced Los Angeles and Southern California DUI attorney.