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Norwalk DUI Lawyers

1. Gold, Jeffrey: Every year in Southern California thousands of drivers are pulled over on suspicion of driving while impaired. Often a DUI charge comes down to the police officer's opinion. Getting arrested for DUI doesn't make you a bad person. Even the most careful drivers get charged. After being charged with DUI, you have only 10 calendar days to schedule a hearing at the Department of Motor Vehicles Ñ or you lose the right to fight your DL suspension.
2. Aval, Simon: California Vehicle Code Section 23152(a) prohibits any person to drive a motor vehicle while under the influence of any alcoholic beverage and/or drug. California Vehicle Code Section 23152(b) prohibits any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle. Furthermore, in cases of commercial motor vehicles, California Vehicle Code Section 23152(d) prohibits any person who has 0.04 percent of more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. * A. Driving - Driving requires "volitional movement of a vehicle". Driving can also be established by circumstantial evidence (surrounding circumstances). California is not subject to a so-called "care and control" statute and, therefore, mere control of a vehicle is not sufficient to establish the element of driving. * B. Under the Influence - A person is under the influence of an alcoholic beverage and/or drugs when, as a result of such drinking of an alcoholic beverage and/or using a drug, his/her physical or mental abilities are impaired to such a degree that he/she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. The Traffic Stop A detention or a traffic stop is unlawful unless the police have reasonable suspicion for that stop / detention. The corollary to this rule is that an investigative stop or detention predicated on circumstances which, when viewed objectively, support a mere curiosity, rumor, or hunch in unlawful, even though the officer may be acting in good faith. It is not necessary that the traffic stop be based on a Vehicle Code violation. Traffic stops for erratic or unusual driving, although not Vehicle Code violations, have been routinely upheld. Field Sobriety Tests THESE TESTS ARE OPTIONAL! THESE TESTS ARE DESIGNED FOR YOU TO FAIL!! Most people don't realize that field sobriety tests are completely optional. The police officers who pull you over and give them to you will not tell you this, but they are optional. The State Law allows you the right to refuse to take the Field Sobriety Tests in their entirety. These Field Sobriety Tests are not really tests at all. Instead, they are physical agility exercises that are SUBJECTIVE in nature. In other words, the police officer, who already thinks you are DUI because he is giving you the Field Sobriety Tests, is the one who is determining whether you pass or fail each test. The officer is looking for any and every mistake that you make to give you a 'fail' mark for the specific test. Field Sobriety Tests may include: * Walk and Turn * Hand Pat Test * Alphabet Test * Finger to Nose * Nystagmus test * Standing on one leg * Balance Test * Preliminary Alcohol Screening Test (PAS) This is a small portable breath machine that you are asked to blow into at the scene of the traffic stop. This test is also OPTIONAL unless you are under the age of 21 years old. You are, however, required by law to submit to a chemical test upon arrest. These tests may include your choice of Breath, Blood or Urine analysis. The 'breathalyzer' machine at the police station is quite different from the portable (PAS) test. If you choose to give a breath test, you must submit to testing using the standard size 'breathalyzer' at the police station. DMV Hearing Upon being placed under arrest for violation of Vehicle Code Section 23152, Driving Under the Influence, the arresting officer will hand you a 'pink paper', known as the DS367 form, entitled 'Age 21 or Older Administrative Per Se Suspension Order'. This documents states in fine print that you only have 10 days from the receipt of this notice to request a hearing to show that the suspension or revocation is not justified. Many clients fail to read this document carefully and fail to request this hearing within the 10 day period. If the hearing is not requested within the 10 day period, you license will become suspended effective 30 days after the date of your citation for a period designated by the DMV. The period of suspension will depend upon many factors such as whether this is your first or subsequent DUI citation or whether you refused to submit to a chemical test upon arrest. If, however, you do request a hearing within the 10 day period, you will be eligible to obtain a stay on the suspension until a date after the hearing and until receipt of notice of the outcome of the hearing. At the hearing, you have a right to be represented by an attorney, and you will be able to present evidence on your behalf to rebut the fact that you were driving a motor vehicle under the influence of alcohol and/or drugs.
3. Jeffrey Gold: Did the Police Have a Right To Stop You? The Issue of "Probable Cause" If you've been arrested for DUI, you may have already been approached by well-meaning friends, and associates with claims that, "You can beat this by proving that the police had no right to stop you in the first place." If you've heard such statements, I have one thing to say: nonsense. True, there's a legal argument that if the police decided on a whim to stop you, but had no legal basis for doing so, the evidence against you can, theoretically, be tossed out on a motion by your attorney. Realistically, how often does that occur? Only on very rare occasions. The police are empowered to protect the public's safety. In that capacity, they enjoy a wide range of powers to stop citizens. If you straddle a lane divider, exceed the posted speed limit, drive "unevenly" even within your own lane, or act in any manner which a reasonable police officer could interpret as possibly presenting a danger to the public, i.e., other drivers, pedestrians, etc., they have a perfect right to stop you. It is so rare that a Motion to Suppress Evidence, i.e., your blood alcohol test, is granted for lack of probable cause, that unless such lack of probable cause is so obvious and blatant that even a first year law student can see it, you're highly unlikely to prevail on such a motion. Your time, and money, is better spent focusing on the real issues at trial. That's not to say that such motions are never granted. They are, but only on very rare occasions.
4. John McDonald: California Vehicle Code Section 23152(a) prohibits any person to drive a motor vehicle while under the influence of any alcoholic beverage and/or drug. California Vehicle Code Section 23152(b) prohibits any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle. Furthermore, in cases of commercial motor vehicles, California Vehicle Code Section 23152(d) prohibits any person who has 0.04 percent of more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. A. Driving ’ˆˆ Driving requires ’ˆˆ†volitional movement of a vehicle’ˆˆ. Driving can also be established by circumstantial evidence (surrounding circumstances). California is not subject to a so-called ’ˆˆ†care and control’ˆˆ statute and, therefore, mere control of a vehicle is not sufficient to establish the element of driving. B. Under the Influence - A person is under the influence of an alcoholic beverage and/or drugs when, as a result of such drinking of an alcoholic beverage and/or using a drug, his/her physical or mental abilities are impaired to such a degree that he/she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.