Mission Valley, Mountain View, Monteray, Moreno Valley, Mountain View DUI Lawyers
- Mission Valley
- James
Bickford:
Taking responsibility for your new criminal drunken driving case
requires you to immediately take steps so that YOU don't get convicted
of something worse than the truth. Telling a judge that you're sorry,
will do nothing for you except get you onto the punishment which can be
prison, county jail, fines, loss of license and more.
- Mission Viejo
- Modesto
- Davis, Steven:
* Automobile/Motorcycle Accident/Injury
* Asset Protection
* Personal Injury
* Bankruptcy
* Chapter 7
* Chapter 13
* Criminal Defense
* DUI/DWI
* Assault/Battery
* Domestic Violence
* Civil Restraining Orders/Harassment
* Drug and Health and Safety Code Violations
* Medical Marijuana/Cultivation
* Theft/Shoplifting
* Probation Violations
* Expungements/Certificates of Rehabilitation
* Identity/Theft/White Collar/Check Fraud
* Sexual Assault
* Murder/Manslaugher
* All Major Felonies and Misdemeanors
- Roberts, Ben:
Every arrest has numerous legal requirements. If the police officer did not have
probable cause to stop you or did not inform you of your rights, there
may be cause for the dismissal of the case. He will also work to ensure
that any tests for blood alcohol level were properly administered and
that the staff was properly qualified.
DUI charges carry not just criminal penalties, but civil penalties as
well. In order to protect your driving privileges you must schedule your
DMV hearing within ten days of the offense. A DMV hearing is separate
from your court proceeding and determines your right to drive after a
DUI arrest. In addition to representing you in court, Mr. Roberts will
also represent you at your DMV hearing and work to preserve your driving
privileges.
- Nguyen, John:
When it comes to drunk driving, one mistake can result in significant consequences. A single DUI charge can lead to license revocation, community service, the loss of significant amounts of money, or even the loss of a job.
- Roberts, Ben:
What is a DUI?
There are two ways to be guilty of a DUI in California. Most people know that having a blood alcohol level of .08 or above constitutes a DUI, but few people seem to be aware of Vehicle Code Section 23152 (A): ÒIt is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. A person is 'under the influence' for DUI purposes if, as a result of drinking or consuming the alcohol or drug, his mental or physical abilities are impaired such that he is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances." This means that if you have drugs in your system (For example: Vicodin, marijuana, soma, cocaine, methamphetamine, heroin, etc.) and the drugs influence you to drive poorly, you will be charged with a DUI.
How can they prove the drugs caused me to drive poorly?
With field sobriety tests. Law enforcement will give you a series of tests that are supposed to give them an indication of whether or not you are impaired. These tests usually consist of the horizontal gaze nystagmus (eye test), the walk-and-turn, the one-leg stand and the Rhomberg test. At trial, the police officer will take the stand and testify as to how you failed all of these tests. Then, a so-called ÔexpertÕ will testify that failing these tests means you were impaired on the night in question, leading the jury to a guilty verdict.
Over the years I have read hundreds of police reports regarding DUI testing and I can honestly say that I have never seen any police officer conclude that the person passed his field sobriety tests.
If everyone fails their field sobriety tests, then what is the purpose of them?
The jurors donÕt exactly know what is going on. They believe the police officer and the governmentÕs expert are giving their neutral opinion. In reality, itÕs a competition, and they are supposed to help the prosecutor get his conviction, even if it means lying. Many police officers fabricate their police reports to indicate the defendant performed worse than he or she actually did.
What should I do if I am pulled over and investigated for a DUI?
Invoke your right to remain silent and don't answer any questions. This includes field sobriety testing. Don't perform them because you're destined to fail.
- Hogan, Thomas:
Types of DUI Penalties
The consequences for a DUI or public intoxication in Stanislaus and surrounding areas are strict and become more severe for second offense, third offense, or multiple violations. DUI penalties may include:
License suspension or license revocation
Fines and increase car insurance premiums
Vehicle impoundment
Installation of an ignition interlock device
Mandatory alcohol treatment
Probation or jail time
- Meyer & Villalobos:
You have the right to remain silent
You don't have to tell the officer where you're coming from. You don't have to tell the officer if you've been drinking. You don't have to tell the officer what you've been drinking.
Being pulled over is frightening, especially if you have had even the slightest amount to drink prior to driving. The natural tendency is to comply with all of the officers demands. Make no mistake: it is not a good idea to be belligerent with the officers, and it is illegal to resist or delay their investigation.
However, other than identifying yourself, assert your right to remain silent! The officers will want you to admit that you were driving, or how much you had to drink, so that they wont have to prove these facts through physical evidence. Just tell them that you assert your right to remain silent. That way, your answer cant be used against you.
You only have to give a blood or breath sample AFTER you have been arrested.
During the course of a DUI investigation, you may be asked to provide a sample of your breath by blowing into a device called a Preliminary Alcohol Screen (PAS). It is most frequently given as part of the field sobriety tests. The Vehicle Code requires that you be told that you may refuse this test. Be aware that you do not have to provide the PAS test and doing so will most likely be used by the officer to justify your arrest.
The best advice is to ask the officer whether you have the right to refuse a breath test. After you have been arrested, the implied consent law requires that you give either a breath sample or a blood sample. Failure to do so will result in a one year suspension of your driving privilege. [Note: This applies if you are OVER 21. If you are younger than 21, you must submit to the PAS test]
You don't have to take the Field Sobriety Tests (FSTs)
These tests are, for the most part, subjective in nature. This means that if the officer believes you have been drinking (or if you admit to drinking "two beers," like many people claim to), the officer will FAIL you, no matter how well you perform on the tests. If you think that your agility and dexterity will impress the officer so much that he/she lets you go, you are sadly mistaken.
In some counties, the Judge will instruct a jury that your refusal to perform the FSTs can be considered as "consciousness of guilt." However, oftentimes it is better for your attorney to challenge this jury instruction than it is to have the jury hear the arresting officer describe why he "failed" you in the FSTs....
You DO have to provide Identification (Driver's License) and your car's registration if the officer asks for it.
As a general practice, it's a good idea to keep these items handy in your glovebox anyway. The longer it takes you to produce them, the more likely it is that the officer will say you were "fumbling" for them.
- McAllister & McAllister:
When people are accused of a crime, they face the terrible possibility of going to jail. A good attorney can represent anyone committed with a crime to the best of his or her ability. They can negotiate with prosecutors and can often arrange for reduced charges or lesser sentencing.
Criminal defense lawyers do much more than simply question witnesses in court. Good defense attorneys will:
* Sentencing ProgramsFormulate sentencing programs tailored to a client's specific needs, often helping defendants avoid future brushes with the justice system.
* Plea BargainsProvide defendants with a reality check, a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor's offered "plea bargain"
* Criminal LawsAre familiar with important legal rules because many criminal law rules are hidden away in court interpretations of federal and state constitutions.
* Criminal AppealsAre familiar with local court customs and procedures that aren't written down anywhere (for example, a lawyer may know which prosecutor has the "real" authority to settle a case, and what kinds of arguments are likely to appeal to that prosecutor).
* Hidden CostsUnderstand the possible "hidden costs" of pleading guilty which a self-represented person might never think about.
* Criminal CaseSpend crucial time on your case.
* DUI DefenseGather information from prosecution witnesses.
* Private InvestigatorsHire and manage investigators, who may be able to believably impeach (contradict) prosecution witnesses who embellish or change their stories at trial.
- Mitchell & Cummins:
Will you have to do jail time? The answer depends on the circumstances of your case, such as the nature of the allegations, the likelihood of conviction, the existence of a prior criminal record, and many other factors.
- Magana & Carlton-Magana:
A defendant's probation may be revoked by a trial judge if the defendant violates any of the terms or conditions of his or her probation. Only the trial judge that granted probation to the defendant has authority to revoke the defendant's probation.
- Robert Winston:
A California D.U.I. can be a charged as a violation of 23152(a) and/or
23152(b) or 23153(a) and/or 23153(b) V.C. 23153 V.C. charges are the
most serious, and involve an injury accident. If you have been charged
with any of these crimes, it is important to realize how much is at
stake. D.U.I.s are criminal cases; and over the last few years the laws
have become more and more harsh in punishing those convicted of this
crime. Punishments may include very heavy fines, long and costly D.U.I.
school, expensive ignition interlock devices, formal or informal
probation, loss of your drivers license, and long jail (or even state
prison) sentences. A conviction for D.U.I. may also give you problems
on the job and greatly increase your motor vehicle insurance premiums,
perhaps by thousands of dollars over the years.
Your license is threatened! The officer has probably already taken your
license away. Do you want it back? You (or
your lawyer) must request a D.M.V. hearing date within 10 days of your
D.U.I. to preserve your license from Administrative Per Se suspension or
revocation. If you don't do this, you may be giving up your ability to
drive in California (the D.M.V. doesn't care that you need your
license). Out-of-state drivers licenses will usually be effected too.
Your D.U.I. case deserves immediate attention. Whether you were jailed,
cited, or just sent a letter and told when to appear, you already have a
court date; but the D.M.V. has not yet set the hearing date you need to
keep your license from being suspended.
Whether you are "guilty" or not! With the severe penalties facing you,
you need a lawyer to look over your case and stand with you in court
and/or at the D.M.V. Going to court or to the D.M.V. alone is foolish
(and can be an intimidating experience); harsh laws prevent judges from
showing "mercy" or responding to personal hardships. Face it - going to
court alone and making the wrong choices could be very expensive and
severely disrupt your life.
- Robert Buchler:
You should consult an attorney for individual advice regarding your own situation.
- Mojave
- Montebello
- Monteray
- Monteray Park
- Smith, Barry:
* Did the police have probable cause?
* How long after your arrest was your blood alcohol tested?
* Was the blood alcohol machine working properly?
* Were the field sobriety tests administered properly?
- Valera, Nicole:
domestic violence, vandalism, theft, DUI, vehicular manslaughter, hit and run, prostitution, solicitation of prostitution, taking a vehicle without the owners consent, sex assault, child molestation, possession of child pornography, rape, robbery, weapon possessino, drug possession, assault with a deadly weapon, assault with the intent to commit great bodily injury, criminal threats, and has extensive juvenile court experience.
- George Gallegos:
Just because youve been charged with a crime doesnt mean you are guilty.
- Moreno Valley
- Hank Rupp:
If you have been arrested for drunk driving, two separate and unrelated
legal actions are begun against you by the state of California: a
criminal law case and a DMV administrative law case against your
driving privilege. Both cases are serious.
- Monrovia
- Faith, Lyle:
Drunk Driving
Misdemeanors
Felonies
- Gregory Pike:
DON'T WAIT, ACT NOW TO PROTECT YOUR RIGHTS!
- Mountainview
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