Van Nuys DUI Lawyers
- Gutierrez Curtis Gutierrez: Driving under the influence is a serious offense that THE CRIMINAL JUSTICE SYSTEM AND DMV do not take lightly. If you have been arrested FOR and charged WITH A DUI, you will face a variety of harsh penalties, including jail, probation, steep fines, driverŐs license suspension, mandatory treatment programs, community service, and a mark on your permanent record. PROSECUTORS AND THE POLICE WANT YOU TO BELIEVE THAT THEIR DUI ŇSCIENTIFIC INSTUMENTSÓ ARE INFALLIBLE AND ARE ALWAYS COMPLETELY ACCURATE. THAT IS NOT TRUE. EVERY DETAIL OF YOUR DUI CASE MUST BE ANALYSED. WE INVESTIGATE THE DUI SCIENTIFIC CALIBRATION MATERIAL, THE DISPATCH AUDIO TAPES AND LOGS, ALL REPORTS, INTERVIEW WITNESSES, AND CROSS-EXAMINE OFFICERS AT THE DUI DMV HEARING TO ASCERTAIN EXACTLY WHAT ARE THE STRENGTHS AND WEAKNESSES OF YOUR DUI CASE. It is illegal in the state of California to drive or operate a motor vehicle while under the influence of drugs or alcohol such that it affects your ability to operate a motor vehicle safely, THIS IS KNOWN AS A DUI. When people drive under the influence, they not only put their own lives in danger, but they also risk the lives of innocent drivers and passengers on the road as well. Second only to murder, DUI is the number one crime in America that results death. This is the reason LAW ENFORCEMENT AND prosecutors consider A misdemeanor DUI charge so serious. In California, it is illegal to drive or operate a motor vehicle with a blood alcohol concentration (BAC) level at or above 0.08%. BAC refers to the amount of alcohol currently in a personŐs bloodstream. When a driverŐs BAC level meets or exceeds the 0.08% legal limit, he/she may be guilty of driving under the influence, and will be arrested and charged with DUI. Driving with a BAC above 0.08% may impair the driverŐs physical and cognitive abilities, and decreases his/her level of alertness and concentration. BREATHALIZERS HAVE A BUILT IN DEGREE OF ACCURACY RANGE OF .02; WHICH MEANS IF YOUR RESULT WAS .09, YOU WERE ANYWHERE FROM .07 TO .11. UNDER THE LAW THIS MEANS YOU ARE NOT GUILTY. DO NOT ACCEPT WHAT YOU ARE TOLD IS THE EVIDENCE AGAINST YOU, HIRE SEASONED RETIRED JUDGES AND FORMER PROSECUTORS TO REVIEW YOUR EVIDENCE. LET US PROVE THAT YOU WERE NOT GUILTY. Blood alcohol concentration, or content, (BAC) refers to the amount of alcohol in a personŐs blood stream. In California, it is illegal to drive with a BAC level at or above 0.08%. If a driver is under the age of 21, he/she is not permitted to drive with a BAC at or above 0.01%. Any person found driving with a BAC level at or above 0.08% or 0.01% respectively will be arrested and charged with DUI. AFTER ARREST In California, when you apply for a driverŐs license you are required to sign an agreement to submit to a chemical test if arrested for suspicion of DUI. This is known as the implied consent law. If arrested for DUI you must submit to a chemical test. Failure to submit to a chemical test will result in a one year suspension of your driverŐs license, separate and apart from the criminal aspect of the case. PRIOR TO ARREST Under the Fourth Amendment to the United States Constitution, you are not required to blow into the breath machine before being arrested for DUI. However, if after you arrested for DUI, you must submit to a chemical test or risk losing your license for one year. When a person drives with a BAC level above the legal limit, his/her physical and mental capabilities can be jeopardized, and he/she is more likely to be involved in a serious accident. There are several ways a police officer can test a driverŐs BAC level. The fastest and most popular way to test a driverŐs BAC level is with a breath machine. When a person blows into the machine, it measures the alcohol concentration found in his/her deep lung region, which supposedly correlates to the amount of alcohol in the bloodstream. Another common way for law enforcement officers to test BAC levels is through a blood test. Blood tests are much more accurate than breath tests, and are typically administered at the police station by a trained technician. The advantage to choosing a blood test is that we can have an independent laboratory analyze the blood sample. In cases where the driver is suspected of driving under the influence of drugs, he/she is required to submit to a blood or urine test. Most people are surprised to hear that these tests are not 100% accurate and are prone to human error. An experienced attorney can challenge the validity of these tests to get your charges reduced or dropped. In addition, a skilled attorney can help you avoid the legal penalties you would potentially face if you were convicted of DUI, such as probation, steep fines, jail, alcohol treatment programs, community service, and a mark on your permanent record.
- Ahtirski, Eugene: Criminal Matters are often one of the most trying experiences a person can face.
- Charles Collom: Ignore the propaganda: drinking and driving is not illegal. Driving with a blood alcohol level above the legal limit is illegal. The burden of proof is on the prosecution to show that your blood alcohol level was too high. If you have been cited for driving while intoxicated you need a dedicated and experienced DUI attorney to fight for you. You may very well lose your license as well as face jail time or hefty fines. You need to know the law, ... The entire system is set up to wear you down before you get to trial. Your one advantage is your lawyer, and you need to maximize that advantage.
- Kenton Koszdin: 1. REPRESENT YOURSELF You will have to show up to Court yourself and deal with the legal process on your own. Since you do not know the law and have no experience dealing with the District Attorney, you will be at a big disadvantage. You may have valid defenses that could make a major difference in your case. However, the District Attorney is not going to help you and you will never know if you had any good defenses to avoid or reduce the severe punishment that even a first time DUI can bring. 2. USE THE PUBLIC DEFENDER Public defenders play a valuable role in our criminal justice system. However, to be able to use the public defender, you have to show that you qualify for their services. Generally, only people with very low income and few assets will qualify to have the public defender represent them. Also, public defenders handle 35-50 cases per day, so it is very difficult for them to investigate your case and give you the attention you need. Because of the heavy caseload, there is an incentive for the public defender to plead you guilty and move on to their next case. Also, a public defender cannot represent you at a DMV hearing.
- Seymour Amster: In all criminal prosecutions, the accused shall enjoy the right Éto a trial, by an impartial juryÉand to be informed of the nature and cause of the accusation; to be confronted with the witnesses against himÉand to have the assistance of counsel for his defense. (6th Amendment to the US Constitution)
- Daniel Ditloff: Trust someone who knows the system to provide the right representation and guidance.
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Kestenbaum, Eisner & Gorin: Drunk driving is sometimes referred to as Driving Under the Influence of Alcohol or Drugs ("DUI") or Driving While Intoxicated ("DWI"). DUI is a serious criminal offense, one that must be addressed immediately. Rights can be lost without prompt action. Unless done properly, you could lose your driver's license without a hearing!
The crime of drunk driving is also known as "driving under the influence," or DUI, and "driving while intoxicated," or DWI. In some states, the crime may be known as "operating while intoxicated, or OWI, or "operating under the influence," or OUI. The names vary according to how state laws refer to or define the crime. Whatever the name, the state laws all have a common aim of punishing those who drive while under the influence of alcohol or illegal drugs. A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver's license. A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney.
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