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Search for California DUI
Attorneys by County.
Rancho Palos Verdes, Redding, Redwood City DUI Lawyers DUI Lawyers
Rancho Palos Verdes
- Laurence Donoghue:
If you or a loved one has been arrested or accused of a crime in California, we urge you to exercise your right to remain silent and seek legal advice immediately.
Rancho Santa Margarita
- Reade Law Firm:
Have you been charged with a crime? If so, you need competent and experienced legal representation.
Redding
- Robert Hamilton:
Drunk Driving penalties in California are set by statute and can be highly complex. The range of sentences are established by law with sentence enhancements applied to the following:
€ Having a prior conviction within ten years
Prior Convictions - For defendants having one prior drunk driving conviction (DUI or .08% or more) within the past 10 years, the minimum jail sentence, DUI school and license suspension penalties are increased. Two priors within ten years increases the penalties even more; and three "priors" within 10 years can result in felony charges punishable by state prison.
€ Speeding 20 or 30 mph over the limit
Speeding and/or Reckless Driving - This enhancement involves driving in excess of a specified speed while under the influence of alcohol or over the .08 percent Blood Alcohol Concentration [BAC]. California, enhances the penalty for drunk driving when a defendant also drives 20 mph over the speed limit on a surface street or 30 mph over the speed limit on a freeway.
€ Having a child under 14 in the car
Child Endangerment - Increased penalties apply when a minor (an individual under 14 years of age) is a passenger in the vehicle and the driver is deemed to be under the influence.
€ Accident or Injury
Accident or Injury - Causing property damage while under the influence can trigger more severe sentencing and may result in a seperate offense. When personal injury involved, the offense can be elevated to felony.
€ Having a blood-alcohol reading over .15%
€ Refusing to submit to chemical testing
- Berg & Associates:
Criminal defense lawyers represent individuals who are being prosecuted by the state of California or by the federal government for an act that has been classified as a crime. What constitutes a crime is defined in the California penal code and by federal statutes. Statutes are rules or laws that define what type of conduct is illegal. Crimes are generally classified as ³misdemeanors² (less serious offenses that are normally punishable by a fine like some traffic violations, petty theft cases, or possession of a small amount of marijuana) or ³felonies² (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).
- Michael Darlington:
Criminal law deals with "public" wrongs as opposed to disputes between individuals. Governmental bodies, including the federal government, states, and cities, define and prosecute crimes from traffic violations to felonies like rape and murder. The lawyers who represent the governmental bodies in pursuing charges against an individual are called the prosecutors. The lawyers who represent the persons charged with a crime, or the defendants, are called criminal defense attorneys. If you have been charged with a crime, it is essential that you seek legal counsel from an experienced criminal defense attorney at once so that you can preserve your rights and protect your future.
- Jeffrey Stotter:
Who needs a criminal defense attorney? We all do. When a person
violates the law, there are police, prosecutors, judges, and the entire
force of State, Federal, and local government available to prosecute
and punish. But when the government violates the law (such as an
unlawful arrest, an illegal search, etc.), there is usually no one to
cry "foul"!
- John Kucera:
There are a wide variety of motions that may be filed depending on the
facts and circumstances of each case. Motions have the effect of
narrowing the focus of the issues in the case and keeping out
irrelevant or illegally obtained information. Motions may include, but
are not limited to: Motions to obtain discovery (to gain additional
police reports or information) Motions for a lineup (to see if a victim
can point out the perpetrator of a crime) Motion to suppress (to
exclude illegal arrests, statements or objects from evidence) Motions
to seek fingerprint or handwriting exemplars (for comparison) Motions
to disclose confidential informants (that gave rise to a search
warrant) Motions to strike priors (where the conviction is deficient or
insignificant) Motions in limine (to prevent certain evidence from
being brought out at trial) Motions to continue (where one party has
good cause to do so) Motion to dismiss (for failure to show sufficient
evidence at a preliminary hearing; loss or intention destruction of
evidence; for not filing a complaint within the applicable statute of
limitations; for failure to bring a case to trial in a speedy manner,
as well as many others).
Redondo Beach
- Frank Rorie:
I'm in trouble and I need help right away, what should I do?
- Okabe & Haushalter:
Many DUI cases are won or lost based upon the legality of the
initial stop and arrest. ...
Additionally, many cases hinge upon the experience of the officer who
administered the alcohol tests as well as the procedural aspects of
keeping the alcohol screening devices or chemical tests in line with
established California codes.
Redwood City
- David Avila:
Please do not make any decisions about any legal matter without consulting with an attorney.
- Jeffrey Hayden:
Drunk Driving (DUI / DWI) / Traffic Violations: a drunk driving conviction can be devastating, impacting your life for years to come. Aside from the potential for substantial jail time and serious fines, you may face high insurance rates and difficulty finding employment, among other things, for years to come. Attorney Jeffrey B. Hayden has extensive experience successfully challenging stops, arrests, and BAC test results in court, and is committed fighting for clients charged with DUI / DWI and traffic offenses, such as speeding, no insurance, driving with a suspended or revoked license, reckless driving, and more.
- Thomas Deremigio:
CONSEQUENCES OF CONVICTION
-------FELONY-------
Punishable by State Prison sentence
Many with mandatory jail or prison sentences
Maximum fines (and assessments) from $27,000.00
Restrictions on voting rights
Restrictions on gun ownership
-------MISDEMEANOR------
Punishable by County Jail sentence generally up to 6 months; many to 12
months
Many with mandatory jail sentences
Many with mandatory probation terms, including treatment or counseling
Maximum fines (and assessments) from $2700.00
Restrictions on gun ownership for some misdemeanors
-------DUI (Drunk Driving)-------
Loss of Drivers license
Mandatory jail sentences
Mandatory fines
Mandatory counseling or treatment
Possible impound of vehicle
Substantial impact on auto insurance rates
- Rachel Holt:
The Fourth Amendment prohibition against unreasonable searches and seizures generally requires police officers to obtain a warrant based upon probable cause before performing an arrest. Intended to protect against unreasonable searches and arbitrary arrests, the warrant requirement has traditionally been strictly enforced to prevent violations of constitutional privacy interests.
However, the U.S. Supreme Court has held that an officer may arrest an individual without a warrant if there is probable cause to believe that the offender has committed even a very minor criminal offense in the officer's presence.
- Michael Hroziencik:
Pursuant to 18 U.S.C. Section 16, a "crime of violence" for which a convicted alien may be deported must involve either one of the following:
1. Use of physical force against the person or property of another; or
2. A felony that involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
The Court in Ashcroft interpreted the first definition as requiring "active employment" of force. Accordingly, the Court concluded that a DUI offense is not a crime of violence where the DUI statute under which an alien was convicted does not require proof of any mental state or only requires proof that an individual acted negligently. The Court reasoned that a person convicted of DUI does not actively employ physical force against another, where the state's DUI statute does not require "a higher degree of intent than negligent or merely accidental conduct."
Furthermore, the Court concluded that the second definition does not cover all negligent conduct (e.g., negligent operation of a vehicle), where the negligent conduct at issue did not involve a substantial risk that physical force might be used against another by virtue of committing the offense. The Court distinguished a DUI offense from burglary, which "involves a substantial risk that the burglar will use force against a victim in completing the crime."
- Frank Bell:
t the arraignment the defendant will appear before a judge and will usually be provided with a written allegation from the prosecutor. Specific things to remember about the arraignment are:
*The defendant will be asked to acknowledge his identity.
*The defendant may have private counsel present or the court may appoint one.
*The defendant may be told his possible punishment. The possible punishment is not a reflection on the case or the judges view of the case or the defendant.
*If charged with a misdemeanor, the defendant is required to reply to the written charges with a plea of either guilty, not guilty, or nolo contendere. (no contest) If charged with a felony, the defendant may or may not be required to reply with a plea at the initial arraignment. (The policy of presenting a plea at a felony arraignment is different state-by-state)
*In a misdemeanor case, the judge will set the defendant's tentative appearance schedule. *In a felony case, the judge will set the defendant's tentative preliminary hearing. (Not all states have preliminary hearings. Some convene a grand jury to find probable cause.)
*Bail is established. The defendant has a right to argue for a bail reduction.
*Discovery is usually presented to the defense attorney. Discovery usually consists of a police report and a complaint. This varies by state. Some states do not provide discovery until after the preliminary hearing or indictment.
*If the defendant pleads guilty at the arraignment, the judge may sentence the defendant at that time.
- Christopher Morales:
In a criminal case, a government agency seeks to punish you or entities for behavior that the state or country has declared unlawful.
Prosecutors decide whether to file charges against a defendant
Convictions may result in fine, jail, or both
The burden of proof is "beyond a reasonable doubt"
Usually the government will pay for your attorney if you can't afford one
Criminal defendants are almost always entitled to a jury trial
- Shelley Dwyer:
If arrested for DUI, it is imperative in saving your driving privilege
to Contact the Firm immediately as your attorney's ability to defend
you against the DMV rests on a request for a hearing being made within
10 days of your arrest. The remainder of your defense can be dealt with
in a more reasonable period of time and after adequate preparation.
This original contact, however, must occur immediately after your
arrest.
- Jeffrey Hayden:
The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol.
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