Rancho Palos Verdes, Redding, Redwood City DUI Lawyers DUI Lawyers
- Rancho Palos Verdes
- Donoghue, Laurence:
Breathalyzer Results Can Be Used in Your Defense
One of the first lines of defense in a DUI / DWI (drunk driving) charge is to challenge the results of the Breathalyzer, blood-alcohol, or urine test. All three involve scientific processes that can be inaccurate in one way or another.
CaliforniaÕs Òimplied consentÓ law requires you to take a Breathalyzer test at any time when directed to do so by a police officer. If you refuse a Breathalyzer, you will automatically be charged with a crime. If you didnÕt refuse to take the Breathalyzer test, however, its results can be used in your defense.
- 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. Probably the most commonly committed crime in the United States, drunk driving is also a crime that is committed primarily by non-criminal otherwise respectable citizens. The range of offenses related to drunk driving is quite wide, running from a misdemeanor reckless driving to a felony murder. Breathalyzer Results Can Be Used in Your Defense One of the first lines of defense in a DUI / DWI (drunk driving) charge is to challenge the results of the Breathalyzer, blood-alcohol, or urine test. All three involve scientific processes that can be inaccurate in one way or another. CaliforniaÕs Òimplied consentÓ law requires you to take a Breathalyzer test at any time when directed to do so by a police officer. If you refuse a Breathalyzer, you will automatically be charged with a crime. If you didnÕt refuse to take the Breathalyzer test, however, its results can be used in your defense.
- Rancho Santa Margarita
- Reade Law Firm: Have you been charged with a crime? If so, you need competent and experienced legal representation.
- Red Bluff
- Miller, Kenneth:
Harsher punishments for those arrested with BAC limits over .08
Special laws for underage drivers arrested for DUI
Possible community service or plea bargaining
Overlapping jurisdiction of Courts and California's Motor Vehicle licensing department to suspend or revoke your license
Contingent license programs that allow you to use your vehicle to get to and from work.
- Redding
- Redlands
- Smith, Charles:
Bankruptcy
Chapter 7
Chapter 13
Criminal
3 Strikes
Felony DUI
Murder
Sexual Offences
Drug Charges
Assault
Robbery
Kidnapping
Manslaughter
Criminal Drugs Sexual Assault
Robbery
Murder
Extortion
White Collar
Complex Sales
Possession
Manufacturing
Influence
Transportation Abuse
Molestation
Rape
Minor
Offender Simple
Deadly Weapon
G.B.I.
Spousal Abuse
Intent to Kill
It is important when deciding on an attorney that
the attorney has the necessary experience and a
good working relationship with the courts...
- Brown, White & Newhouse:
criminal matters, including bribery, antitrust, wiretap, food and drug, health care, environmental, banking, education and other alleged violations of government regulatory programs, securities, obstruction of justice, tax, government false statements, contracts, narcotics, false claims, Foreign Corrupt Practices Act, campaign finance, ERISA, espionage, labor relations, public corruption, insurance, energy, trade secrets, perjury, mail and wire fraud, conspiracy, RICO, Small Business Administration, and money laundering
- Redondo Beach
- Eberhardt Villanueva:
Being arrested for a crime is an undesirable and tense time. When deciding on a criminal defense attorney early on to help you with your criminal defense, it is critical that you choose an attorney who has a criminal defense background and who is also aggressive enough to provide you a serious defense.
There are many Los Angeles criminal lawyers that claim to be a criminal trial attorney, but in reality they have very limited courtroom experience. The Los Angeles County prosecutors who will be prosecuting your case are aware of this and it affects how they make pre-trial offers.
- Cohen, Stephen:
If you have been arrested or charged with driving under the influence (DUI) in California, you should speak with an attorney immediately. If you are convicted of drunk driving, you could face serious punishments such as jail time and steep fines. Depending upon the circumstances of your case, you could be looking at spending a significant amount of time behind bars if you are convicted. Even if you have no prior records, do not expect leniency. DUI is severely punished because of the danger that an uncontrolled or poorly controlled vehicle presents to other motorists and/or pedestrians
- Nesci, Loredana:
Federal and State Criminal - Being charged with a crime in either Federal or State Court is stressful and frightening. Having experienced and caring legal counsel who will not only defend you aggressively, but who will guide you through the criminal process so that you understand your legal rights at every stage, is critical. Our lawyers are detail-oriented and will competently assess your situation.
- Newman, Brian: DUI/DWI A DUI charge is made against one who is accused of driving under the influence of alcohol or drugs. If you are accused of DUI in California, you could face up to six months in prison for a first offense. If a test taken within three hours of your driving indicates a blood alcohol level of .08 or above, you are considered to be under the influence of alcohol. Determining whether or not one is under the influence of other drugs is more subjective. The arresting officer's opinion is the main factor in determining whether or not you are driving under the influence of drugs. If you have already been convicted once, a second conviction within ten years of your first conviction carries a one-year maximum jail sentence. A third offense in ten years has a minimum 120 day jail sentence and a maximum one-year sentence. Any subsequent conviction after the third conviction within ten years can be considered a felony and could potentially carry a three-year state prison sentence. While a DUI is commonly considered to be synonymous with "drunk driving," many people who are arrested with DUI would not typically be considered "drunk". It is very possible, depending on one's weight, for one to reach a blood alcohol level of .08 or above after only two drinks. If you are arrested for DUI, you face additional consequences beyond your criminal case. You will also face suspension of your driver's license by the California Department of Motor Vehicles (DMV). If you are arrested for DUI, you have just ten days to request an administrative hearing to contest the suspension of your driver's license with the DMV. The administrative hearing at the DMV has absolutely nothing to do with what happens at criminal court. You are allowed to have an attorney present at the DMV hearing and it is to your advantage to have an experienced DUI attorney by your side. A good attorney can raise a variety of different challenges at the hearing. Depending on the situation, an attorney might question the legality of the traffic stop, the lack of proof of you actually driving the car, whether the test was administered within three hours of driving, among many others. If your challenge to the suspension of your license is successful, you will completely retain your driving privileges. If the DMV suspends your license for a first DUI offense, the suspension will last four months. If you refused to give a blood or breath test, the suspension will last for a full year. However, if you did take a test and choose not to contest your suspension, you can negate the last three months of your suspension and instead, opt for a five month restriction on your license. A restricted license will typically enable you to drive to accomplish the necessary tasks in your life, such as driving to work. In order to convert the last three months of your suspension to a five month restriction, you must enroll in a first offender program, pay a license re-issue fee, and show proof of insurance to the DMV. Unless you choose to contest the suspension and are successful, you will not be able to undo the suspension of your license for the first thirty days. DUI's will also usually be prosecuted in a criminal law court, in addition to the DMV consequences and potential jail time that you will have already faced. If you receive a first conviction, the minimum sentence is three years of summary probation, fines and fees of about $1500, and participation in a 90 day first-offender DUI program. The penalties for second and third convictions within ten years carry longer programs, heavier fines, longer license suspensions, and possible automobile seizure. Subsequent convictions can result in felony convictions and state prison sentences. Good criminal lawyers will help you make the right choices about how to go defending a DUI. They will be able to represent you in your criminal case and at your administrative hearing with the DMV. Criminal law attorney Brian A. Newman has been successfully handling DUI cases for over 30 years. He will make sure that you get the best defense possible based on your individual situation. People typically do not understand what an illegal traffic stop actually is. DMV actions and criminal cases are very often dismissed because search and seizure principles were violated. It is a mistake to assume that prosecutors will not prosecute DUI cases if police violate search and seizure principles. In fact, most district attorneys and city prosecutors will file criminal cases regardless of the legality of the search. A good criminal attorney will be able to determine if there was an illegal arrest and get the case dismissed by uncovering the prosecution's flawed arguments. Hiring an attorney might also make it unnecessary for you to show up at a court appearance and potentially save you from missed work and an embarrassing situation in general.
- 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. * The officer did not have reasonable cause to pull you over. * The officer did not read you your Miranda rights. * The officer did not inform you of the consequences of refusing a blood test or breath test. * You were not lawfully arrested. * The breath test or blood test was not administered properly. * The breath test machine was not calibrated properly, per state regulations.
- Redlands
- Smith, Charles: Bankruptcy Chapter 7 Chapter 13 Criminal 3 Strikes Felony DUI Murder Sexual Offences Drug Charges Assault Robbery Kidnapping Manslaughter Criminal Drugs Sexual Assault Robbery Murder Extortion White Collar Complex Sales Possession Manufacturing Influence Transportation Abuse Molestation Rape Minor Offender Simple Deadly Weapon G.B.I. Spousal Abuse Intent to Kill
- Redwood City
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