Calabasas DUI Attorney

September 2, 2016

Calabasas DUI Attorney

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Calabasas DUI Attorney

If you’re being charged with a DUI, a Calabasas DUI attorney services are highly recommended because a DUI received in Calabasas might be prosecuted by very tough prosecutors in Los Angeles. A DUI conviction can result in jail time, very high fines and a suspension of your driver’s license. You must act quickly to protect your rights to a DMV hearing because you have only 10 days from the arrest date to request a hearing or you driver’s license can be suspended automatically. It is very important to seek a Calabasas DUI attorney’s help as soon as possible. Our Calabasas DUI attorney will request the DMV hearing for you if you retain the services of Calabasas DUI attorney within ten days of arrest.

Calabasas DUI expert charges

The Courts where Calabasas DUI are filed have a very aggressive policy towards DUI cases. Failing to retain an attorney on a defensible case is extremely reckless and might cause you not only loss of driving privilege and payment of fees, but also possible jail time. The penalties for DUI convictions are controlled by California state law, and get more severe with each subsequent conviction. A first time DUI conviction has mandatory fines of $390.00 plus penalty and assessments. However, a conviction will also result in loss of driver’s license and a possible jail time of up to 6 month in the county jail. A subsequent DUI conviction can result in an increase jail time of up to 1 year in the county jail.

Felony DUI cases can be punished by commitment to the state prison for a period of time from 16 month to 3 years even for an none-aggravated DUI. In addition to possible jail time, a first time DUI conviction, as a term of probation, requires a three month DUI classes at your personal expense and mandatory fines and fees. After you are released from jail, you are still on probation to the court and must report if ordered by the court to a compliance office. The DUI arrests in Calabasas falls under the jurisdiction of County Sheriff’s.

Los Angeles County Sheriff’s Department:
Malibu/Lost Hills Sheriff Station
27050 Agoura Road
Agoura, CA 91301
818-878-1808

What comes after DUI arrest?

If you were arrested for a DUI in Calabasas, you can be taken to local jail and released from there on your own recognizance. Often, Calabasas DUI arrestees can be taken to the closes fully stuffed jail in the valley, located in Van Nuys LAPD station. If the arresting officer decided to release you on your own recognizance, you will be cited to the court several weeks from the arrest date. If you are not released on a promise to appear (also called “on our own recognizance or OR”), you will be required to post bail. After the arrest, the police officer will prepare a police report and submit it to the prosecutor for filing consideration.

A prosecutor will review the police report and make decision if he is filing the criminal case. If he does file the criminal case, you can face several charges in addition to the arrest charge, which is typically a single crime. Calabasas DUI Attorney can help you fight any criminal charges filed by the prosecutor or the arresting officer.

As a first priority, a DMV hearing needs to be requested. Failure to request a DMV hearing within 10 days of arrest will result in loss of the hearing right and a semi-automated procedure where you will most likely lose your license. At the time the hearing is requested, Calabasas DUI attorney will also request a stay of the suspension to make sure you are allowed to drive while you are waiting for the hearing. Lastly, Calabasas DUI attorney will also request the police reports and will receive them usually prior to any court hearings.

The first day in court is called an arraignment. The arraignment is a court hearing where you are presented with charges and given an opportunity to enter a plea. Depending on court, Calabasas DUI attorney might recommend that the arraignment is postponed while we review the police reports. During the arraignment, an important issue of release usually comes up. The judge might decide to set bail, or to increase bail, or to impose conditions of release which might include mandatory self-help classes and/or alcohol monitoring. Also at arraignment, Calabasas DUI attorney can negotiate a favorable deal with the prosecutor.

If your case needs to be litigated or if the negotiation fails, Calabasas DUI attorney can enter a plea of not guilty for you and select a pretrial date. The pretrial date will be set in a different court room, which, can be very important for your case. It is recommended that you have help of an experienced DUI defense attorney at this stage of the proceedings.

If you enter a plea of not guilty, you have a right to a jury trial within 45 days of arraignment if you are out of custody. That right is 30 days if you are in custody. Usually, in Los Angeles County, misdemeanor cases go to trial within 90 days of arraignment. During the period where the case can go to trial, you can schedule several pre trials where various aspects of your DUI case can be litigated. In addition to the trial preparation, Calabasas DUI attorney can file various motion to get better deal, to get dismissal of DUI charges, or to set the case for trial.

Calabasas DUI cases are filed in Van Nuys Courthouse. If you case is a misdemeanor, it will be filed in Department 103 of the Los Angeles County Superior Court. If your case is a felony, it will be filed in Department 100 of Los Angeles County Superior Court. Even though many DUI case are resolved witout trial, please talk to Calabasas DUI attorney about a jury trial. Often, setting a case for a jury trials will get favorable deals or the chances of a conviction are too small.

Van Nuys Courthouse West
14400 Erwin Street Mall
Van Nuys, CA 91401

How can a Calabasas Drunk Driving Defense Attorney help you?

If you’re pulled over for driving under the influence, the evidence against you are rarely full-proof. The usual tactics of a Calabasas DUI attorney is to find weaknesses in People’s case and persuade the court or the prosecutor to give you a great deal, often getting dismissal of DUI charges.

First, Calabasas DUI attorney can dispute the chemical analysis of your blood or breath. Breathalyzers and blood tests can be very inaccurate, given false-positive or usually high results depending on factors such as inaccurate of machine, failure to preserve the sample properly, your health condition, diet or even such factors as chewing a gum or using mouthwash shortly before the test. The results of a breathalizers can also be inaccurate because the breathalyzer will not be properly calibrated.

In addition to attacking the chemical test, Calabasas DUI attorney can examine the police report and see if your rights were violated. Some violation of the constitutional rights will result in dismissal of your case, other, will result in sanction against the government or exclusion of your statements. During the discovery process, your attorney can request all documentary evidence in possession of the police, including video recordings, audio recording, supplemental reports and communication between police officers and dispatch. Analysis of this evidence can often produce impeachment testimony, where statement of the arresting officer in one part will not match statement of the arresting officer in another part. This can be used to your advantage, sometimes helping to get dismissals of DUI charges.

Lastly, most people who face DUI prosecution will submit to some form of field sobriety tests. This tests will not help you. If you performed poorly on the field sobriety test, don’t despair, call Calabasas DUI attorney for a free consultation about your case.   If you did not perform well on the field sobriety test because of sleepiness, anxiety or fatigue, call Calabasas DUI attorney for help.

We fight for you to get the best deals or to avoid criminal record and license suspension altogether.

call DUI Attorney

 

(818) 921 7744     Call anytime to talk directly to Calabasas Drunk Driving Defense Attorney AND We are waiting for you in our office

Address:   18321 Ventura Boulevard, Tarzana, California 91356 (by appointment only)

Law Office of DUI Attorney Andryuschenko

 

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