San Gabriel DUI Lawyers
- West Themis: (1) legally sufficient facts to support a Òprobable causeÓ to stop, detain, and arrest you; (2) whether you were properly advised of your rights to refuse voluntary submission to field sobriety tests; (3) whether you were properly advised of your constitutional rights Ð such as ÒMirandaÓ warnings before custodial questioning; (4) whether you given choices between breath or blood testing; (5) whether you were advised of the legal consequences and/or given an implied consent advisement; and (6) whether the sobriety tests administered properly and accurately. California has two basic drunk driving laws under Vehicle Code section 23152(a) and (b): Section 23152(a) states that is a misdemeanor to drive under the influence of alcohol and/or drugs. 23152(b) states that is a misdemeanor to drive with .08% or more of alcohol in your blood. In most cases, both sections are charged even though it is only one act. This is because the law states that a defendant charged with drinking and driving can be convicted of BOTH offenses Ð but can only be punished for one (the punishments are identical). If an injury results, section 23153 sets forth the Òfelony DUI.Ó Penal Code sections 191.5 and 192 describe the crime of Òvehicular manslaughterÓ where there is a death. SS Chan & Associates protects the rights which are commonly ignored by the police. We will thoroughly review your case for: (1) legally sufficient facts to support a Òprobable causeÓ to stop, detain, and arrest you; (2) whether you were properly advised of your rights to refuse voluntary submission to field sobriety tests; (3) whether you were properly advised of your constitutional rights Ð such as ÒMirandaÓ warnings before custodial questioning; (4) whether you given choices between breath or blood testing; (5) whether you were advised of the legal consequences and/or given an implied consent advisement; and (6) whether the sobriety tests administered properly and accurately.
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