Brought to you by Colorado DUI Drunk Driving Defense

Murietta DUI Lawyers

1. Cocis, Niclolaie: Chances are, you have never been charged with a crime before. Whether you have been charged with a felony or a misdemeanor, you now face a process that carries with it the possibility of real and permanent consequences. Criminal defendants often do not know how serious their own situation is. You should know that whatever the charge is, it is serious and needs to be addressed. A conviction for even a ÒminorÓ charge can lead to jail time, fines, or both. And your conviction will become part of a criminal record that can cost you employment and financial opportunities in the future. Now, as never before, you need to fight to protect your rights, and you need a skilled criminal defense attorney who will stand up for you.
2. Pascoe, William: DUI / Drunk Driving Stopped For Drunk Driving If you were only stopped for a minor traffic infraction, can this give the officer probable cause to arrest you for drunk driving? YES! The original reason the officer stopped you need not be related to drunk driving. In fact, routine stops for broken taillights, out-dated registration or even cracked windshields have been upheld as sufficient cause for officers to detain individuals and then to check symptoms for drunk driving. In any given case, your attorney will advise you if there are grounds to have the case thrown out by the filing of a motion to suppress the evidence based upon an initial bad detention. When hiring an attorney to represent you, you should ask what his track record is, how many drunk driving cases has the attorney successfully handled in California. Symptoms an officer looks for What signs do people exhibit while drunk driving of alcohol? The following signs listed below signify that a person may be driving under the influence. This list is based upon research conducted by the National Highway Traffic and Safety Administration: * Turning with wide radius Straddling center of lane marker * "Appearing to be drunk" * Eye fixation * Tightly gripping the steering wheel * Slouching in the seat * Gesturing erratically or obscenely * Face close to the windshield * Drinking in the car * Driver's head protruding from the car * Almost striking object or vehicle * Weaving * Driving on other than designated roadway * Swerving * Speed slower than 10 M.P.H. below limit * Stopping in lane for no apparent reason * Following too closely * Drifting * Tires on center or lane marker * Braking erratically * Driving into opposing or crossing traffic * Slow response to traffic signals * Signaling inconsistent with driving actions * Stopping inappropriately (other than in traffic lane) * Turning abruptly or illegally * Accelerating or decelerating rapidly * Headlights off at night * Speeding Arrested for Drunk Driving (DUI, DWI), your rights Q. I was never read my rights, will my drunk driving (DUI, DWI) case be dismissed? A. In the context of a drunk driving arrest, there are really two sets of rights that should be read by the police; the Miranda rights and the chemical test rights. The Miranda rights address your right to speak with an attorney before being questioned by the police. A reading of the Miranda rights will include an affirmative statement by the police that what you say can be used against you in Court. In legal terms, the Miranda rights only apply to post-custodial statements that the prosecutor wants to use against you. Thus, if you are placed in custody but not advised of your Miranda rights, then your attorney can make the argument that any statements you made after you were placed in custody (such as how many drinks you had and when your first and last drinks were) cannot be used against you. The failure to read someone their Miranda rights does not often lead to a dismissal of a DUI case, but with the right attorney arguing the right facts, a dismissal might still be possible. Chemical test rights are quite different. They are statutory in nature, and arise out of California's implied consent law. In California, when you drive an automobile, you impliedly consent to take a chemical test of your breath or blood. Thus, after you are arrested, the police officer must read you your chemical test rights. These rights must be read to you before the officer asks you to take such a chemical test. If you are not properly advised of your chemical rights, then you may be able to keep the police conducted test results out of evidence. In any event, both sets of rights should be discussed with your attorney so that you can determine what impact, if any, they might have on your case, and whether or not a violation in your case is sufficient cause to seek a dismissal. Drunk Driving, Why two charges? Most individuals charged with drunk driving (DUI, DWI) are charged with violating both sections 23152(a) and 23152(b) of the vehicle code. VC 23152(a) is the traditional offense of driving under the influence of alcohol and/or drugs. Basically, it means that regardless of the amount of alcohol you consumed, the alcohol affected your ability to drive such that you were not able to drive like an ordinary, reasonable, prudent person who had not consumed any alcohol. VC 23152(b) is the "per-se" offense. If your alcohol level is above .08%, you would be guilty regardless of how well you may have been driving. However, even though you may be charged with or even convicted of drunk driving (DUI, DWI), you can only be punished for one. Your DUI attorney will advise you on the handling of this type of case. Drunk Driving, DMV Hearings Many DMV Administrative Hearings hinge upon whether the police officer had probable cause to stop you for drunk driving in the first place and the experience of the officer who administered the alcohol tests. Another factor critical to successful defense in DMV Hearings are the procedural aspects of keeping the alcohol screening devices or chemical tests in line with established California codes. A California drunk driving attorney will have the knowledge of how to use the California codes for your defense. Upon getting arrested for drunk driving (DUI, DWI) in California, the police 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 their possession, with a sworn report to the DMV. You will be given a temporary license that is valid for 30 days from the time of your DUI arrest. Please be advised that immediate action is necessary in order to prevent the suspension of your driving privilege. You must contact the DMV within ten days of your arrest and schedule an Administrative Per Se Hearing, otherwise your license will be suspended upon the expiration of the 30 day temporary license. The DMV Administrative Hearing is a hearing where we will have the opportunity to show that a suspension or revocation of your driving privilege is not justified. At this hearing, you and your drunk driving attorney will present testimony and/or relevant evidence on your behalf. If the review shows there is no basis for the suspension or revocation, the action will be set aside and your driver's license will be returned. I have considerable experience as a California attorney working with drunk driving (DUI, DWI) hearings and have handled hundreds of California drunk driving cases. I offer a free initial consultation and will be happy to talk with you about your case. Please contact me at (619) 239-2186 if you have any questions. Let my experience work for you. Drunk Driving Punishment: Generally speaking, a first offense drunk driving conviction will involve the following: * $1,500.00 fine * License restriction * "Drunk Driving" alcohol program for approximately 60 days * Mother's Against Drunk Driving (MADD) lecture * Probation A drunk driving (DUI, DWI) conviction in San Diego, California may also involve public work service for high blood alcohol levels, restitution in accident cases and increased penalties for prior convictions including jail, license suspension and ignition interlock devices. Also, most individuals will find that the biggest financial cost of a criminal drunk driving (DUI, DWI) conviction will be from increased auto insurance rates. Depending on your driving record and how long you've been with your company, there is the potential they may drop your coverage. An attorney with experience handling drunk driving cases in the California court system is the best way to combat a first offense drunk driving charge. If you have prior convictions, then you need a extremely skilled and competent attorney with a successful track record to represent you. Arrested for Drunk Driving, what now? After being charged with drunk driving (DUI, DWI), you have only 10 days to contact the Department of Motor Vehicles (DMV) to set up an administration Per Se hearing. This will stay the four-month license suspension. The DMV hearing and suspension are completely separate from any punishment the court may later impose for drunk driving. At the DMV hearing, the only questions the hearing officer will decide are: * Did the officer have reasonable cause to believe you were driving drunk or under the influnce of drugs? * Were you placed under lawful arrest? * Were you driving a vehicle when you had .08% or more by weight of alcohol in your blood? Drunk Driving, What Can I Do For You? 1. GET THE CHARGES DISMISSED: The ultimate result in a drunk driving (DUI, DWI) case is an absolute dismissal of all charges. This could happen in one of two ways: either the case is dismissed prior to going to trial, or going to trial and obtaining a verdict of Not Guilty. It is impossible to say what I, as your attorney can do on your case without knowing the facts of your drunk driving case and doing a full investigation. Every drunk driving case is different. I have been handling drunk driving cases in California for years, and a few of the ways I have won these cases in the past are: 1. Show that the stop of the vehicle was illegal. To have the case dismissed this way, an Illegal Search and Seizure Motion is filed. 2. Show the standardized field sobriety tests were administered improperly by the arresting officer and may not be used against the person in court. 3. Show that the breath test was administered improperly and may not be used. 4. Show the police officer has inconsistencies in the police report and the case cannot be proven beyond a reasonable doubt. 2. OBTAIN A NOT GUILTY VERDICT: In the event the prosecution will not dismiss the charges, it may be necessary to have a judge or jury trial. Only a highly skilled and trained attorney should handle a case at trial. The evidence must show guilt "beyond a reasonable doubt" before a guilty verdict is returned. Before a case goes to trial it should be evaluated properly. Trial is the ultimate defense and should not be handled unless the case is totally prepared by an extremely skilled and competent attorney. 3. OTHER POSSIBLE RESULTS: 1. Dismiss the drunk driving charges and plea to a lesser offense: In the past I have resolved certain drunk driving cases where the client pleads guilty to a lesser charge, such as reckless driving, public intoxication, or even minor traffic offenses such as speeding or illegal lane changes. 2. Keep you out of jail: If there is a bad accident in your case or other aggravating facts (prior convictions....extremely high breath or blood test) the prosecution may want to put you in jail. Most people do not want to spend any amount of time in jail. I, as your attorney, will do everything in my power to avoid jail time for my clients. 3. Save your drivers license: In almost every drunk driving (DUI, DWI) case the prosecution and/or the DMV will attempt to suspend your driver's license. It is my job to fight these efforts to suspend your license. The laws allowing the prosecution to suspend your license have become tougher in recent years. This requires that an attorney be highly qualified in this area to properly fight these attempted suspensions. Out of State Drunk Driving Advice: Q. I am from Out of State and have been charged with drunk driving. A. I do my best to assist out-of-state clients. I will obtain discovery, communicate with the court and DMV to ensure that my clients receive the best possible defense with minimal disruption and expense. In almost every circumstance, I can resolve a case without my client having to return to California. FAQ About Drunk Driving Q. Am I required to take Field Sobriety Tests? A. No! The law does not require that you perform any type of test. You have the right to refuse field sobriety tests. However, the officer is not required to tell you this. You should be aware, however, that if you refuse to attempt these tests, the officer most likely is going to arrest you. Further, the National Highway Traffic Safety Administration has admitted not everyone can successfully perform these tests even when sober! The reality is that the officer most likely has already made up his mind to arrest and charge you with drunk driving. The request for field sobriety tests is simply made to get additional evidence against you. To argue this evidence you need an experienced attorney with a successful track record. Remember, regardless of how well you actually perform the field sobriety tests, it is the officer's opinion on how you performed them that will be held against you. Q. What can affect my performance on Field Sobriety Tests? A. The National Highway Traffic Safety Administration has admitted that sober persons can have difficulty with these tests! This is an area where having attorney representation will an important impact to your case. How a person performs the Field Sobriety Tests can be affected by many factors other than alcohol, including: * Nervousness * Being Scared * Fatigue * Illness * Traffic * Wind * Dust in your eyes * Head lights * The police officer's strobe lights * Weather conditions * Back problems * Leg and/or Knee injuries * Inner ear disorders * Ankle and/or Foot problems * Road or sidewalk conditions * Weight * Age * Footwear * Lack of coordination
3. Mies, Lorene: Click on the url for each of the following county jails and enter identifying information to discover who is in jail. Persons who have been very recently arrested still may be in a local agency facility awaiting transport to the county jail. Check back in a few hours.
4. James Fox: 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 bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she 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 who formally tells the defendant the offense in which he or she is being charged, informs the defendant of their constitutional rights, and of the possible penalties involved. The defendant will enter a plea of guilty or not guilty at this time, bond may be reviewed, and a date for the next hearing will be scheduled.