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If a preliminary alcohol screening (PAS) devise results are below .08% alcohol in blood or the results are consistent with a rising blood alcohol defense,  Los Angeles Drunk Driving Attorney will be better off introducing such results into evidence.  Commonly, People v. Adams, a court of appeal case from 1976 is used to introduce PAS devise results for its evidentiar value.  Per Adams, there are three foundational prerequisites for admissiblity of testing results: (1) The

Here I would like to discuss evendentiary issue that Los Angeles Drunk Driving Attorneys often face at trials.  A Los Angeles DUI prior or any other prior DUI is often proven by the prosecution using certified paper records from the previous conviction or convictions.  Additionally, when relevant, DMV printouts with a driving record is used by the prosecution to show not only the previous convictions, but also the service of suspensions, i.e., that the person

According to Brenner v. DMV, once respondent presents expert testimony undermining the DMV finding, the burden switches back to the DMV and unless they present expert testimony or otherwise overcome the burden, they have to set aside the suspension.  DUI lawyers in Los Angeles will help you set up your defense so that the DMV is required to set aside the suspension. In Brenner v. DMV, CHP arrested Derek Brenner and he submitted to PAS

Sometimes during a DUI investigation, the investigating officer will request the driver suspected of a DUI to submit to a chemical test to determine if a probable cause exists for arresting that driver.  That chemical test is called PAS, a preliminary alcohol screening test.  The devices that are used by officers for PAS test are such instruments as Alco-Sensors manufactured by Intoximeters Inc.     If the driver blows above .08% blood alcohol concentration during

Occasionally, overzealous police officers arrest persons who were not driving a vehicle, but instead were in control of a vehicle.  You will need the help of a Los Angeles DWI lawyers to address legality of such arrest and prosecution.  The issue of driver just seated in the vehicle while the vehicle is stopped is not addressed in this article.  Instead, I am addressing the issue of a moving vehicle where the arrested person was not driving

For purposes of this discussion, I will assume that a driver is arrested for a Los Angele DUI and he or she has no prior DUI convictions within the past 10 years (1st offense DUI) and has a class “C” driver’s license. Getting a DUI Los Angeles will generally speaking, cause a driver to lose his or her driver’s license after a conviction because the courts are required to notify the DMV of the conviction.

DUI Attorneys in Los Angeles now have to consider a consequences of having IID installed on client’s vehicle.  IID is an abbreviation for Ignition Interlock Devise and is a devise wired to vehicle’s ignition that requires a breath sample from driver before the engine will start.  As the vehicle is driven, the devise will request additional samples of breath from the driver to make sure there are no alcohol present in the driver’s blood.  Effective July 1,

Yes it can.  For example, there are precedents, such as Arreola v. Municipal court, where over 30 misdemeanor cases were dismissed because the courts were too congested to hear them.  A defendant has a right to have a speedy trial within 45 days of arraignment, if defendant is out of custody.  Failure to do so is a violation of the US Constitution, California Constitution and California Penal Code Section 1382.   The remedy for failure to bring

After a Los Angeles DUI Arrest, the arresting officer will not only issue a citation to appear in the Superior Court but will also give the arrested person a temporary license (a pink two side document).  That temporary driver’s license is a notice of a hearing that the DMV will have without you, unless you request a more formalized hearing at which you can present evidence and establish a defense.  The right to request such a hearing

Legality of a stop is an excellent way to attack a Los Angeles DUI.  A skilled Los Angeles DUI lawyers in our law firm will help focus your defense on the legality of the stop.  Such defense is developed through a motion to suppress the evidence of a stop based on the violation of the 4th amendment right against unreasonable search and seizure.   If you are questioning legality of the stop, contact a DUI lawyer in