Ôªø Seal Beach,, Sebastapol, Sherman Oaks, Simi Valley, Sonora, Soquel DUI Attorneys DUI Lawyers

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Seal Beach,, Sebastapol, Sherman Oaks, Simi Valley, Sonora, Soquel DUI Attorneys DUI Lawyers

  • Seal Beach
    • Eugene Kinsey : A police officer may arrest a motorist if the cumulative effect of the evidence convinces the officer that he has "probable cause" or "reasonable cause" to make an arrest. This is a far lower standard than the one the state must prove at trial. There the case must be proven "beyond a reasonable doubt."
  • Sebastapol
    • Edward Bernard: Just because you failed a sobriety test does not mean you will be convicted of a DUI. With proper representation you can avoid DUI convictions or minimize the negative effects a DUI can have on your life.
  • Selma
    • Marcus Torigian: California has some of the toughest DUI penalties in the country. Drivers exceeding the maximum blood alcohol content (BAC) limit of.08 are considered legally drunk. It does not matter whether or not your actions are actually impaired. First-time offenders run the risk of license suspension or revocation, stiff fines, vehicle impoundment, installation of an ignition interlock device, mandatory alcohol treatment programs, jail time or probation. The consequences grow more serious with repeat offenses.
  • Sherman Oaks
    • Dahut & Weiss: If you have been wrongly accused of driving under the influence, the chances of proving your innocence will depend more on the special skills of your lawyer than on the generosity of the courts or law enforcement. Today, politicians have demonized the DUI crime causing it to rank among violent crimes. Not only are today's DUI laws confusing and unfair, the penalties can be severe.
  • Simi Valley
    • J. D. Clark: Every California DUI case has something unique about it. These special facts may provide opportunities for a California DUI attorney to gain the upper hand, to save your license or to reduce court-imposed sanctions.
  • Sonora
    • James Webster: 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."
    • Mark Borden: If you are arrested for breaking a criminal law, the case is taken before a magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge of the courts. During the arraignment the defendant is formally told what offense he is charged with, told their constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, bond may be reviewed, and a date for the next hearing will be scheduled.
  • Soquel
    • Howard Van Elgort:

      I will meet with you in my office or by phone, without charge, and with absolutely no obligation, to review your case. Here is a partial listing of some of the questions and issues that we will discuss:

      • What will happen to me in Court?
      • Should I plead guilty or not guilty?
      • What will be my punishment if I plead or am found guilty?
      • Can I do anything about the DMV license suspension?
      • Should I request a DMV hearing? Call me before requesting hearing! (See note below).
      • Do I need a lawyer?
      • What are my options for legal representation?
      • Was the chemical test (blood, breath or urine) accurate?
      • What if I didn't take a chemical test?
      • What was my true Blood Alcohol Concentration (BAC)?
      • Did the officer have probable cause to detain and/or arrest me?
      • Are there any defenses to my case?
      • Did the law enforcement officer follow the correct procedures?
      • Were any of my rights violated?

      NOTE: DMV HEARING MUST BE REQUESTED WITHIN 10 DAYS OF YOUR ARREST.

      Should I Fight My DUI Arrest?

      By Howard M. Van Elgort

      Drunk driving (DUI or DWI) cases are not always open and shut situations. Frequently, these criminal cases involve very technical and complex legal issues.

      Criminal law attorneys who specialize in DUI (driving under the influence) cases look for the following potential legal and scientific issues:

      1. Did the police officer have a "reasonable suspicion" to justify a vehicle stop and detention for drunk driving.

      2. Did the police officer observe the person driving in an erratic manner or in violation of the vehicle code? Did the officer observe any driving?

      3. Did the police have "probable cause" to arrest the suspect for DUI (drunk driving or driving under the influence of alcohol and/or drugs)?

      4. Did the officer observe sufficient "objective symptoms" of intoxication to conduct a DUI (drunk driving) investigation?

      5. Did the arresting officer properly administer the field sobriety tests (FSTs) or balance and coordination test to determine whether or not to arrest the suspect for drunk driving or driving under the influence (DUI)?

      6. Was any in-field breath test administered in the proper manner and was the machine used in proper working order?

      7. Was an additional chemical test (blood or breath) conducted according to required procedures in the taking, handling and analysis of these samples?

      8. Was the equipment used to analyze test samples in proper working order and maintained in accordance with regulations?

      9. Were the test samples analyzed and the result reported according to state regulations, by a licensed laboratory, and in a scientifically approved manner?

      10. Was the arrestees blood alcohol level rising or falling at the time of driving and at the time of the chemical test sample.

      11. Were their any physiological reasons that would cause a false result on the breath machine (i.e.: GERD, residual mouth alcohol, heartburn, acid reflux disease, etc.)?

      It is unlawful, in California, to drive a vehicle if your ability to be a safe and prudent driver is impaired by the use of alcohol, and/or drugs (even prescription medication). [VC23152(a) sometimes erroneously referred to as "drunk driving"]. The evidence used by the prosecution to prove this charge includes the manner in which the vehicle was driven, ones objective symptoms of intoxication, the performance on the field balance and coordination or field sobriety tests, and the results of the chemical test (breath or blood). A person is presumed to be "under the influence" (DUI) if their blood alcohol level is .08% or greater. This however is a rebuttal presumption and reasonable doubt may exist that one is in fact guilty.

      Additionally, it is illegal to drive a vehicle, in California, if, at the time, your blood alcohol level is .08% or greater. Here, the only essential evidence, other than the reasons for stopping the motorist, is the result of the breath or blood test.

      Many DUI or drunk driving cases are borderline situations subject to plea negotiations with the prosecution and resulting in dispositions for lesser offenses. Everyone arrested for drunk driving or DUI/DWI should consult with a criminal lawyer who specializes in drunk driving defense before entering a guilty or no-contest plea. Most attorneys who handle DUI (drunk driving cases) offer free initial consultations.

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