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Riverside DUI Lawyers

1. Cates, Benjamin: Once you have been arrested for a DUI, there is a two step process which will take place. First, the Department of Motor Vehicles will make a determination whether to issue a license suspension. Second, your pending DUI charges will be heard in the Superior Court for the area in which you were arrested. These two systems are independent of each other and an attorney can greatly increase your chances of victory in both systems. DMV HEARING During the DMV hearing, a person can try to prevent his or her driverÕs license from being suspended. A DMV hearing is not a guaranteed right and prompt attention must be given to ensure that your rights to a hearing are not waived (see 10 Day Rule below). A loss at a DMV hearing will result in a license suspension of not less than 4 months. In California, the Department of Motor Vehicles, not the court, is allowed to suspend a driverÕs license. 10 Day Rule After a person is arrested for DUI, the officer will take possession of his or her driverÕs license. During the arrest or after being released from jail, the person will be served with a pink suspension notice or a temporary license form, entitled Form DS-367. After the date of arrest, the person only has 10 days to schedule a hearing with the California Department of Motor Vehicles to contest his or her license suspension. Failure to schedule a hearing will result in automatic license suspension. When the Law Offices of Benjamin R. Cates is retained, we will contact the DMV on your behalf to make sure that all necessary steps are taken to ensure that your rights to a DMV hearing are not waived. DMV Hearing The DMV hearing will usually take place in a small room with a DMV officer. The officer is a DMV employee, not a prosecutor or judge. However, the DMV officerÕs role is similar to the role of a prosecutor or judge in that the officer must present evidence to justify the driverÕs license suspension and make a final ruling. The DMV officer has the burden of justifying the license suspension. In order to justify the suspension of a driverÕs license, the DMV officer must find that the arresting officer had probable cause, that the arresting officer lawfully made the arrest, and that the BAC results of the driver were 0.08% or higher. The DMV hearing is very technical, and while the arresting officer may testify at the hearing, the final decision will be based upon the facts presented. The Law Offices of Benjamin R. Cates regularly represents individuals at DMV hearings and this expertise will ensure that your rights are fully afforded you. The duration of license suspension varies. For first time DUI offenders, license suspension usually lasts for four moths. For multiple DUI offenses, license suspension can last up to three years or permanently. Hiring an Attorney One of the best decisions you can make is to hire an experienced DUI attorney. An attorney can protect your rights and inform you of your legal options. Your lawyer can also schedule your hearing with the DMV and represent you at the hearing. A skilled DUI attorney will know how to tell your side of the story and challenge evidence that is presented against you. By hiring an attorney, you greatly increase the chances that your license will not be suspended. THE CRIMINAL MATTER In California, a person who is arrested for DUI must fight two cases. The criminal case is fought in court and the Department of Motor Vehicles matter is fought during a scheduled DMV hearing. The California criminal process can be very complicated for most individuals. By understanding your individual rights, you can eliminate confusion and commonly made errors. If you have questions regarding the criminal process, you should speak with an experienced attorney. The Law Offices of Benjamin R. Cates can inform you of your rights and your legal options, as well as advise you throughout the process. The Phases of the Criminal Process The criminal process begins when a person is stopped for suspected criminal activity. In instances involving driving under the influence, law enforcement must have justifiable reasons for making a traffic stop. If justifiable reasons for the stop do not exist, an experienced attorney may be able to have the entire matter dismissed. During a traffic stop, law enforcement will have the suspect pull over to the side of the road. They may ask the suspect several questions, but the suspect has the right to refuse to answer. Refusing to answer questions regarding drinking patterns and refusing to perform field sobriety tests is generally a good idea. Before the officer can make an arrest, he or she must have probable cause. Probable cause is reasonable belief that the suspect committed a crime. Officers generally acquire probable cause while questioning the individual who has been stopped, and by observing the individual while they perform field sobriety tests. After a person is placed under arrest, he or she still has constitutional rights, such as the right to remain silent and the right to have an attorney. It is extremely important to utilize these rights. Shortly after the arrest, it is likely that criminal charges will be filed. After criminal charges have been filed against the person, he or she must go to court for an arraignment. During an arraignment, the person must enter a plea of Ònot guiltyÓ, ÒguiltyÓ, or Òno contestÓ. If a person pleads guilty or no contest a sentence is immediately issued. At the arraignment, the judge will either set bail terms or refuse bail and release the person with the understanding that he or she must be available for further court proceedings if necessary. After the arraignment, if no plea agreement is agreed upon by the prosecutor and defendant, a case will progress to trial. Crimes that are punishable with 6 or more months of jail time may require a jury, but not all do. If a person is found guilty after their trial, he or she will be sentenced by the judge. A person who is found guilty has the right to appeal the decision. In California, for all cases except those involving the death penalty, a person must file his or her appeal within 60 days after sentencing. Hiring an Attorney If you have been arrested for a DUI in San Diego, Riverside or San Bernardino Counties, obtaining a skilled and qualified attorney is the most important decision you can make. A DUI attorney can ensure that your rights are not violated and that the best resolution for your matter can be reached. A DUI attorney can also assist in seeking out and questioning expert witnesses. Further, an attorney can question police officers in a manner which will ensure that your rights were not violated when the stop was initiated.
2. Feild, Skip: PERSONAL INJURY SPECIAL EDUCATION Automobile Accidents Due Process Slip/Trip & Falls ADR (Dispute Resolutions) Catastrophic Injuries IEPÕs Wrongful Death Compliance Issues FAMILY LAW CONSTRUCTION LAW Divorce/Separation Residential Construction Custody Business Construction Child /Spousal Support/Visitation Paternity Domestic Violence Pre and Post-Nuptial Agreements Enforcement of Orders Termination of Parental Rights BUSINESS LAW BANKRUPTCY LAW Incorporations (C Corp & S Corp) Chapter 7 Partnerships Chapter 13 LLCÕs CRIMINAL LAW Felony Misdemeanor
3. Van Wagenen, Jeffrey: * Defending DUI/DWI drunk driving charges * Representation at the DMV license suspension hearing * Negotiating for reduced charges (such as a wet reckless) * Negotiating for limited length of license suspension * Challenging probable cause
4. Bernard Schwartz The Schwartz Law Firm is dedicated to defending people accused of driving under the influence. For many years we have been taking these cases to trial and, unlike some law firms who advertise that they are "trial lawyers" despite never having taken a criminal case to jury trial, our firm actually does try driving under the influence cases. In fact we do so routinely. However, we also recognize that sometimes, after an intensive and thorough investigation, it becomes clear that the evidence against our client is so strong that it would not be in his or her best interest to go to trial. In those cases, because of our experience in dealing with judges and prosecutors in Southern California over many years, we have been very successful in obtaining the best plea bargain available for our clients.
5. Richard Swanson: This is a serious charge and can result in you loosing our driver's license. An attorney can stop this from happening, but only if it is done in the first 10 days after your arrest. The DMV can take you license ever if you are below .08 legal limit. There are many alternatives to jail and fines, but you must start the process immediately after your arrest. This is a serious charge and can result in you losing your driverÕs license from 30 days to more than a year. An attorney may be able to stop this from happening or delay its impact, but only if it is done in the first 10 days after your arrest. The DMV has a separate process that the criminal courts cannot affect. Often a hearing/trial must be done in both the DMV court and criminal court. There are many alternatives to jail and fines, but you must start the process immediately after your arrest. CALIFORNIA STATUTES Vehicle Code ¤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. (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. (c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. Vehicle Code ¤23153. (a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. 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 driving. (c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.