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San Jose DUI Lawyers

1. Sanchez, Perla: * Domestic violence * Misdemeanors, such as public intoxication, driving with suspended license, elderly abuse and child endangerment * Drunk driving (DUI) * Assault and battery * Theft or burglary * Sex offenses, such as unlawful sex with a minor * Drug charges, including possession, distribution and or possession with intent to sell methamphetamine (meth), cocaine, heroin and marijuana
2. Bernard P. Bray: San Jose Criminal Laywer Bernard P. Bray is a preeminent criminal attorney handling all cases involving drunk driving, domestic violence, drugs, theft, homicide, & all other criminal matters.   
3. Randy Moore: Many people have entered guilty pleas in DUI cases without realizing that they are giving up valuable legal rights, and that various legal defenses may be available to them. The prosecutor must prove a DUI beyond and to the exclusion of every reasonable doubt. The breath machine might have been in error, and the results could be challenged. The circumstances of the arrest might also be subject to legal attack. Drunk Driving FAQ Frequently Asked Questions Arrested for DUI? You were arrested for DUI. What happens now? Notice of drivers license suspension The officer that made the DUI arrest is required by law to give you a Notice of driver's license suspension and send a copy of notice of California driver's license suspension and your California driver license, with a sworn report, to the DMV. Right to request a hearing within 10 days You have the right to request an Admin Per Se hearing with the California DMV. Warning You must make a request for Admin Per Se hearing within 10 days. You or your Attorney will stop or "Stay" the automatic suspension of your California Driver License When arrested, the police snatched my driver license. How do I get it back? Your driver license will not be returned to you until the end of the driver license suspension or revocation. You must pay a $100.00 reissue fee to the DMV and file proof of financial responsibility. If our Attorneys succeed in winning the Admin Per Se hearing, then you will avoid administrative driver license suspension. The arresting cop handed me a pink Order of Suspension and Temporary License. What am I supposed to do with this document? You may drive for 30 days from the date the order of suspension Warning You must make a request for Admin Per Se hearing within 10 days to avoid automatic suspension. APS administrative hearing? Why have an Attorney conduct an Admin Per Se hearing? A hearing is your opportunity to require the DMV to prove that the DUI arrest was lawful, and that you were driving with a blood alcohol level at .08 or higher. Rules of evidence apply and the burden of proof may not be met. These cases can be won and administrative license suspension may be avoided depending on your individual case. How long will my driving license be suspended? If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more: * A first offense will result in a 4-month suspension. * A second or subsequent offense within 10 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test, and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year. They say I refused to take a breath or blood test. What does this mean? The implied consent law requires that California Drivers submit to a test and if not, then the license is to be suspended. You may fight this suspension in a hearing. The hearing is your opportunity to make the DMV prove that proper procedures and advisements were given and that you actually refused. How long will my driving license be suspended for refusing the test? * A first offense: 1-year suspension. * A second offense: (within 10 years) 2-year revocation. * A third offense (within 10 years) 3-year revocation. If you were under 21 years of age at the time of being detained or arrested, and you refused or failed to complete a PAS test or other chemical test: * A first offense will result in a 1-year suspension. * A second offense within 10 years will result in a 2-year suspension. * A third or subsequent offense within 10 years will result in a 3-year revocation.
4. Chestnut, William: Society is becoming less tolerant. The legal system continues to get tougher on individual civil liberties. As a result, more people are being convicted of crimes every yearÑpeople who might not have faced conviction in the past. Harsh sentences required mandated by sentencing guidelines mean tougher sentences than everÑsentences that may not fit the crime. If you have been charged with a crime in California, don't gamble with the justice system. You value your freedom. Take action to protect it.
5. Allen Speare: A drunk driving arrest Ñ you never thought it could happen. DUI is a serious charge that won't go away by simply paying a fine. If you have been charged, you will be facing the loss of your driver's license, a heavy fine, and possibly even time in jail. You and your family will face major interruptions as you navigate the DMV hearings and courtroom appearances. You should consult an attorney for individual advice regarding your own situation.
6. Bernard Bray: If you face criminal charges, you are probably worried about your future and your family. The fact is, whether you are guilty or not, an experienced criminal defense attorney can change the course of your case. A driving under the influence arrest can bring serious consequences in the state of California: * License suspension * Mandatory jail sentences * Probation * Stiff fines * Court fees * Long term alcohol classes * Increased insurance premiums * A criminal record
7. Ronald Berki: While there is no general emergency exception, certain emergencies justify performing a warrantless search or arrest. Under the "exigent circumstances" exception, police may perform a warrantless search or arrest where an emergency prevents them from obtaining a warrant. Emergencies that qualify as exigent circumstances include situations that make obtaining a warrant impracticable or unreasonable, such as: When police have reason to believe that someone's life is in danger (including their own) When police are in "hot pursuit" of a fleeing felon (e.g., to prevent a suspect from resisting or escaping) When there is probability that a suspect might destroy evidence before a search warrant can be obtained (e.g., flushing drugs down the toilet) When evidence is likely to disappear before a warrant can be obtained (e.g., a blood sample containing alcohol or fingernail scrapings) When there is a threat to property (e.g., burning fires)
8. Martin King: The "Firmly Rooted" Hearsay Exception for Statements Against Penal Interest In applying the Roberts analysis to other questionable Confrontation Clause cases, the U.S. Supreme Court has made a distinction between the admissibility of statements against penal interest (under a "firmly rooted" hearsay exception) and the otherwise inadmissible statements of non-testifying accomplices that inculpate the accused. Specifically, the hearsay exception for statements against penal interest is a "firmly rooted" hearsay exception that passes muster under the Confrontation Clause if the following conditions are satisfied: Declarant is unavailable (due to an exemption, refusal, lack of memory, inability, or absence) Unavailability is not the result of wrongdoing by the party wishing to use the statement Statement was contrary to the declarant's penal interest at the time it was made A reasonable person in the declarant's position would not have made the statement unless it was true Upon satisfaction of these conditions, the parts of a non-testifying accomplice's confession that contain statements against penal interest do not violate the defendant's Confrontation Clause rights, and are usually admissible.
9. Harmon Associates: California DMV Vehicle Code Section 23152 (a) states that it is illegal to operate a motor vehicle while under the influence of drugs and/or alcohol. California DMV Vehicle Code Section 23152 (d) states that it is illegal for a person with a blood alcohol level of 0.04 or higher to operate a commercial vehicle. In California a person is considered legally intoxicated if his or her blood alcohol level is 0.08 or above. The amount of alcohol in a person's blood and how it is processed is dependant on many factors including the person's sex, weight, alcohol tolerance, and medical history; as well as the amount of food the person has eaten and the type of drink consumed. The effects of alcohol are different in every individual, although some common symptoms of excessive alcohol consumption include slurred speech, decreased attention span, drowsiness, and blurred vision. If you are found guilty of a DUI in California you will have to face serious legal repercussions, such as a revocation or suspension of your drivers license, meaning that you will not be allowed to legally drive during a certain period of time. The length of the suspension or revocation or your driving privilege may be a few months or a few years, depending upon your circumstances. Other DUI penalties may include: * Alcohol treatment program * DMV reissue fee * Ignition interlock device installed in your car * Jail sentence * Misdemeanor or Felony on your criminal record * Monetary fines * Points on your license
10. Patience VanZandt: When you are charged with a crime, the government will work hard to obtain a conviction. The government will employ an experienced and skilled criminal attorney to prosecute you. You need an experienced and skilled criminal attorney to defend you.
11. Peter Hubert: Many of my clients have never before been charged with a crime, and face, for the first time in their lives, the possibility of jail time and/or substantial fines. In addition to the possible incarceration and fines, there can be a stigma attached to being convicted of a crime. For example, upon conviction of a felony, an individual may lose many of his or her rights, including the right to vote and the right to own a gun. Even a conviction for a traffic offense, especially an alcohol related traffic offense, can lead to a dramatic increase in motor vehicle insurance premiums that can stay with a person for several years. It is easy to see how one mistake can taint the rest of a person's life.
12. Edward Ajlouny: A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
13. Hoang Law: Any violation of the California Vehicle Code gives police officers the right to pull you over, including but not limited to, speeding, registration, or driving too slowly. Moreover, some driving behaviors, although not in violation of the vehicle code, provides law enforcement the "reasonable suspicion" required by law to make an investigative stop, such as, weaving within the lane or driving in an erratic manner (driving around in circles.)
14. Thomas Mueller: Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances which impair the ability to drive.
15. Cindy Diamond: If you're in a car, the police need a specific reason to hit their red lights and pull you over. Be aware of the condition of your car and the rules of the road, to avoid giving them such a reason. The most common traffic violations that I've seen, which give the police reason to pull you over, are: no current registration tags, a brake light or headlight out, failing to signal while turning or changing lanes, failing to come to a complete stop, speeding, weaving (even within your own lane - that's considered "suspicion of drunk driving"), and changing lanes over a solid white line. If the police pull you over and you have not apparently violated any law, always be polite, but remember your case might be successfully challenged in court because your constitutional rights were violated.
16. Hinkle, Jachimowicz & Pointer: If you have been arrested for a DUI in California, you have only 10 days to request a hearing at the DMV, or you will lose your license for up to four months, through complete revocation of your driving privilege, depending on the number of DUI's you have had. If you do not set a DMV hearing within 10 days, your license will be suspended for some period of time, regardless of what happens in court.
17. Eric Norris: Many people believe that there's not much you can do to fight a DUI charge. Others don't realize how serious the consequences of a drunk-driving conviction in California can be.
18. Franklin Radoff: If you are arrested for DUI or DWI you must contact the DMV within 10 days from the date of your arrest. If you fail to make a timely request for a hearing your license will be automatically suspended 30 days after your arrest and you will not have a hearing.
19. Roberts & Elliott: Your misdemeanor DUI charge will be handled entirely in Municipal Court. There are many hearings and procedures available to the prosecution and the defendant. An attorney may assist you in these hearings and procedures. In most cases, an attorney can appear for you without your presence in Court.