Oakland, Ojai, Orange, Palm Desert, Palo Alto DUI Lawyers
- Oakland
- Ojai
- Blatz, Pyfrom & Associates:
The law enforcement officer will seize your license if you are arrested
for DUI with an unlawful BAC or after you refused to submit to a
chemical or physical test. Your license will be seized and the officer
will issue you a temporary driver's license and as your notice of
suspension. However, you may request a review of the driver's license
suspension by the department of motor vehicles within 10 days following
your arrest. It is very important that a review is requested because
many times we are able to save your license for you.
- Ontario
- Dinces Law:
# DRUNK DRIVING (DUI)
# SUSPENDED DRIVERS LICENSE
# PETTY THEFT / SHOPLIFTING
# PROBATION VIOLATIONS
# DRUG CASES
# RAPE
# SEX CASES
# CHILD MOLESTATION
# SPOUSAL ABUSE
# GRAND THEFT
# EMBEZZLEMENT
# FRAUD
# CAR JACKING
# EXPUNGEMENTS
- McClure, Ryan:
Have you been arrested for Drunk Driving?
First and most important, if you or family member has been arrested in California for Driving Under the Influence or more commonly referred to as a DUI you have 10 days after the arrest to contact a California DMV office to schedule a DUI DMV Administrative hearing or your California license will be automatically suspended.
This simple fact makes it vitally important to contact a California DUI attorney as soon as possible after the arrest for a DUI. The Law Offices of Ryan P. McClure can assist individuals that have been arrested for DUI in both the DMV hearing and the criminal hearings associated with a DUI arrest throughout California.
An individual that has been charged with a DUI has either been pulled over by law enforcement due to erratic driving or at a sobriety checkpoint at which time a law enforcement officer has questioned the individual operating the vehicle or motorcycle. The law enforcement officer may give a variety of tests like the filed sobriety test or breath test to the individual that has been stopped. Once the individual is arrested they will be given the choice to a blood or breath test when they are in custody. If however, the arrested individual refuses to give a sample through either a breath or blood test, their license will be automatically suspended for one year. An arrest for DUI may subject the arrested individual to fines, license suspension, and possibly jail time so it is important to contact a DUI Lawyer immediately.
Driving Under Influence of Alcohol or Drugs
Below are the two most common California Vehicle Code Sections that individuals are charged with when they are arrested for DUI.
California Vehicle Code Section 23152 (a), It 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.
California Vehicle Code Section 23152(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent by weight of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
- Orange (County) Orange (County)
- Orinda
- Whitaker, Eric:
Pre-Hearing Brief
The issue here is that the blood was taken by someone who did not work for the government. That may be important because DMV might try and just look at the report. You can argue that the report should not be admitted if they could have brought a witness and therefore the report is hearsay. They might rebut by saying, in essence, the report is legit because it is a "public record", problem is that you need a public employee for that to work. What I am saying is that it may be possible to get the blood test thrown out if the phlebotomist (person who took the blood) did not come to the hearing and he or she worked for a private company, like most hospitals. The more people required to attend a case the less likely someone wants to bring that case against you. Here is a potential pre hearing brief on the subject.
Dear Hearing Officer __________,
This letter will confirm that the Department has pursuant to my client’s request for a copy of all exhibits to be introduced at the hearing, supplied 22 pages, including only the following: A driving record printout, a request for a hearing, an arrest/incident report, an officer’s statement (DS-367) and the chemical test result.
If your records show that any additional documents will be relied upon or admitted at the hearing please supply a copy of the document or documents forthwith. If additional documents are supplied, please continue the hearing provided a stay of the suspension is also imposed.
The licensee also submits Points and Authorities in support of objections to all evidence and exhibits presented by the Department.
It is respectfully requested that the hearing officer make specific rulings on each of the issues raised in the Points and Authorities and to rule on the admissibility of all the evidence. Thank you for your continued courtesy and cooperation.
Points and Authorities: Summary of Issues
Not a public employee. The Affidavit of the Phlebotomist is inadmissible under Government Code 11513(d) because it is hearsay and it would not be admissible over objection in a civil action because it does not satisfy the “official records exception” to Evidence Code 1280(a); specifically the writing was not made by and within the scope of a public employee.
One reason the Courts have consistently let hearsay admitted in an administrative hearing is whether the level of hearsay is a public record by a public employee. Evidence Code section 1280 is very clear. A writing must be made by a “public employee” while within his or her “scope of duty”. Furman vs. DMV (2002) 100 Cal.App.4th 416, is directly on point.
The department has no evidence to establish that the author, the phlebotomist, of the lab report, titled “Affidavit Blood Sample,” in this case was “public employee” performing an “official duty”. To find that she was a “public employee” performing her “official duty”, based upon the lab report, is clearly wrong. There is no evidence to suggest she is a public employee. There is no evidence to suggest that this Hospital is anything other than a private business. Also, the Department cannot conclude, based upon the evidence, that there may be some agreement between a public agency and a private company to outsource the lab work for the California Highway Patrol or the Alameda County Sheriff’s Department. First, the record is void of even inferential evidence to show some agreement, and even if there was an explicit agreement, there is no case that stands for the proposition that a private company employee is a defacto “public employee” performing her “official duty” under any section of the Evidence Code.
Wrong blood.
The Affidavit of the Phlebotomist is inadmissible under Government Code 11513(c) because the sample of blood referred to in her affidavit was obtained a day before the licensee was arrested and therefore it is not the sort of evidence on which a responsible person would rely on in the conduct of serious affairs.
It appears from the evidence that a clinical laboratory phlebotomist at some Hospital, collected a blood sample on Friday and claimed it was the licensees but it appears from the evidence that she did not collect blood from the licensee until 24 hours later on Saturday.
Government Code 11513(c) states “The hearing need not be conducted according to technical rules relating to evidence and witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil matters.”
As stated above, the affidavit of the phlebotomist is hearsay and it does not fall within the “official records” exception because she was not a public employee. Due to the fact that there is a glaring inconsistency in the report it may not be relied upon by any responsible person because this is such a serious affair. The phlebotomist affidavit states that she took blood from the licensee at a time when that was impossible because he was not arrested yet; either she transcribed the date wrong or she got the name wrong; either way, this is no longer reliable. When the licensee can go to jail it is important to get the evidence right. Our contention is that the blood that was taken was from another person.
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- Pacifica
- Balogh, Peter:
Criminal
Misdemeanor and felony arraignments, pre-trials and trial.
- Pacific Palisades
- Earl Ellis:
Unlike civil law, which involves private law suits between two or more private entities, criminal law attorneys represent clients who are being prosecuted by the state or federal government for an act that has been classified as a crime. Any act or failure to perform an act as designated by public law is considered a crime. With the exception of strict liability crimes, most crimes consist of three elements: an act (actus reus), a mental state (mens rea) and the intent to do social harm. Crimes are classified as 'misdemeanors' (less serious offenses that are normally punishable by a fine like some traffic violations, petty theft, or possession of a small amount of marijuana) and 'felonies' (more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder).
In criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil law suit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. But, the prosecutor in a criminal law case has to prove to the judge or jury 'beyond a reasonable doubt' that the defendant is guilty of the crime charged.
- Palmdale
- Olaf Landsgaard:
A drunk driving arrest experience starts when a police officer notices
your vehicle. You can be noticed because you were
speeding or weaving. Police are trained in the visual
detection drunk drivers. Their training gives directions
on stopping a car for such small actions, such
as gripping the steering wheel too tightly, making
wide turns, and failing to stop properly at a stop
sign or light. This training comes from the National
Highway Traffic Safety Administration (N.H.T.S.A).
Protect your driving privileges and your rights by
starting with an experienced lawyer to represent
you in court.
- Palm Desert
- Palm Springs
- Dolan, John:
It may surprise you to know that it is not illegal to drink and drive. It is illegal only to drive while impaired by drugs or alcohol, or to drive with blood alcohol content (BAC) that is over the legal limit. If you have been charged with drunk driving or other moving violation related to DUI, your attorney will need to know the difference and how to fight to get the best possible outcome for your charges. A conviction for DUI can have a lasting impact on your record.
A conviction for DUI has serious consequences
DUI is a common, but serious, offense with increasingly severe consequences. Under the California Vehicle Code, you may be charged with DUI if the amount of alcohol or narcotics in your blood prevents you from operating a motor vehicle with the caution of an ordinary sober person. In California, the legal amount is typically .08 percent for adults, and .01 percent for minors. If you are an adult with a commercial driver's license, the legal limit is reduced to .04 percent, whether you are driving on the job or in your own car. Poor driving, physical symptoms, and performance on a field sobriety test performed at the scene of the traffic stop are all factors used to determine whether a person was “impaired” and under the influence. A breath or blood test at the police station is used to show .08% or greater blood alcohol content.
California law imposes strict punishment for DUI convictions, including stiff fines, jail time, and suspension of your driving privilege, as well as probation, DUI education courses, and installation of an ignition interlock device on your vehicle. Refusal to take a breath or blood test may result in suspension of your driver’s license for one year for a first offense. If this is not your first DUI arrest, you should know that consequences become increasingly severe for each subsequent conviction. A fourth offense for DUI, or DUI resulting in an injury, may be filed as a felony with state prison. As of 2005, Riverside County Plea Forms include an advisement that driving under the influence is “extremely dangerous to human life,” and even a first-offender subsequently arrested where someone is killed as a result of driving under the influence “can be charged with murder.”
When you are first charged with DUI, your first reaction may be that you are guilty and should just take the punishment. The truth is that you may have many defenses of which you are unaware. DUI defense is a specialized area of law because of the scientific principles affecting the accuracy of the field sobriety test, the blood test, and the breath test machine. Even the police officer's "reasonable suspicion" for stopping you may be called into question. Police sloppiness in giving and interpreting field sobriety tests (FST’s) may raise a doubt as to impairment. Likewise, although breath, blood, and urine testing are scientifically based, they are all prone to human error and require strict procedures to be followed. Police and technicians routinely fail to follow the required procedures, making test results unreliable.
Imprecision of the breath-testing machine itself may raise a doubt. Breath machines do not test specifically for ethyl alcohol found in alcoholic beverages, but rather test for a “family” of alcohol, of which ethyl alcohol is only one type. As a result, breath machines may erroneously indicate as alcohol many common chemical compounds absorbed into our system from our every-day environment.
Radio frequency interference can also result in inaccurate readings. The alcohol may have come from a source other than deep lung air. Acid Reflux Disorder (heartburn) allows gasses carrying stomach acids and alcohol back into the esophagus and the mouth by way of a burp, which may then be blown into the breath machine and falsely registered as breath-alcohol. Another common source of false breath-alcohol readings is food particles trapped in dental work or spaces between the teeth.
These and other defects allow an aggressive defense for even the most seemingly slam-dunk DUI case. With such serious consequences riding on the outcome, do not assume that you are guilty of DUI without having a competent DUI Attorney evaluate the particular facts of your case.
- Moran Law Firm:
Consult A DUI Specialist Today To Avoid Future DUI's...
- Gregory & Rhea:
Can I represent myself? What can a lawyer do for me?
You can represent yourself — although it is not a good idea. The practice of law is a very complex field with increasingly harsh consequences. California and Federal laws are both full of complicated procedural, evidentiary, constitutional, sentencing and administrative license issues. Most judges treat unrepresented litigants with little respect and almost any “poor-performing” lawyer will be able to walk all over an unrepresented litigant.
The best analogy is: A doctor should not perform an operation on himself - a litigant (whether a lawyer or not) should not represent himself in court. It is difficult to think straight when you are in pain! When you are involved in your own case, you often lose sight of the goal and the technicalities (and realities) of the law. An experienced trial attorney will be able to work the maze of procedural rules, review and investigate the case for defects and strengths, suppress evidences, identify and compel discovery, negotiate from a position of strength, locate and work with experts, and take the offensive in court.
What will it cost to get a lawyer?
This varies as fees for most areas of legal practice are not set by law. Lawyers set their own rates. The reputation and experience of a lawyer and the geographic location in which he practices makes a significant difference.
As with all services – you get what you pay for. Some attorneys are nothing more than gimmicks. You should do more than make a phone call to a lawyer. Visit his office, check his bar record, and ask for references. Visit the court, ask around – a good attorney is well known in his community. Hint: If your attorney is talking plea or settlement at the first meeting, get a new attorney! A lawyer is hired to represent you and should be your strongest advocate. Maybe a plea or settlement is good advice – but rarely will a lawyer know enough at the first meeting to make such a recommendation. Look for an attorney who will investigate the case.
The range of fees are fairly large. Generally speaking, you can expect to pay $3500 to $8000 for an experienced and reputable lawyer to represent you in a misdemeanor case (including DUIs). Felony cases cost more and are often very fact specific. Hiring a cheap lawyer when you could spend years in jail probably doesn’t seem like a very good investment. (How much would you pay if your attorney could reduce your sentence a year or more by great advocacy on your behalf?)
Fees in civil, family law and administrative matters have the same wide range of potential costs. The range is generally $300 - $500 per hour and usually requires a deposit. Fees are usually determined based on your goals in the litigation and the complexity of the matter. Get a written agreement so that both you and your attorney understand what services are being performed and what the costs are.
Always get a written agreement and make sure you understand all the terms.
Should I pay for an initial consultation fee?
Our law office does not charge a consultation fee for your first office visit. We feel this meeting is one of the most important experiences you will have in your case. However, some other lawyers do charge such a fee – sometimes to weed out not so serious clients while others charge such a fee as general income. Whether a lawyer does or does not charge a consultation fee is not a very good indicator of his ability to do a good job. Visit your prospective lawyer, talk to him or her, and get a feel for the relationship you will have with your advocate. The quality of the visit is probably more important than the hour’s fee.
What documents should I bring when I meet with a lawyer?
The more information the lawyer has, the better the advice. You should bring everything that is related to your case. If you have names and contact information, bring that as well. It is often a good idea to write some notes about the event for which you are seeking legal help as this may assist your recollection of the small details which might be very important to the attorney.
Don’t worry if you have not collected any documents or photographs. The lawyer will be able to decide what actions will be necessary to conduct his investigation and pursue your case.
How long should I wait before contacting a lawyer?
If you are asking this question, get a lawyer now! Evidence and memories fade with time. Many procedural rules are also time based. For example: you have only 10 days after a DUI/DWI arrest to request a hearing with the DMV or you waive your right to the administrative hearing. DMV will act against your license without knowing your side of the story – and you could lose your license even if you were sober when you were stopped by the police.
In civil cases, the time to file or answer a complaint is defined in the law and can be difficult or impossible to fix if you are late filing the papers in court. Many people have lost the right to recover for their injuries because they waited too long to file in court. Others have paid for injuries they did not commit because they answered too late and defaulted. Some filing times are very short; i.e. six months for claims against California municipalities. Some time limits are confusing and fact specific. Further, if you walk into a lawyer’s office the day before a deadline, he will either not take your otherwise meritorious case or charge you hundreds or thousands more in fees.
Can I get good legal advice from a web site?
No. You should not rely on legal advice from anything other than a personal visit to a qualified, licensed, and experienced attorney. Many lawyer web sites have lists of instructions that may not even relate to your case or situation. Not all shoes fit the same, and not all advice is the same. Make an appointment with a trusted attorney, spend some time discussing your personal needs, ask questions, and hire the lawyer you are comfortable with.
- Palo Alto
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