Attorney Tips on Handling DUI Cases

TRAFFIC STOPS DANGERS

December 21, 2015

Recent shooting death of Walter Scott, Dontrell Stevens, Boddy Canipe, Levar Jones, Samuel Dubose and others are tragic.  These deaths are examples of situation where a person dies because a trigger happy police officer fires his gun based on some justification of fear for police safety.  Neither one of the listed victims of police shooting was armed at the time of shooting.  Most of the listed persons who were shot were black.  It turns out that being black will cause drivers to be 30 percent more likely to be pulled over, then a white driver.  Traffic stops dangers involve risk of confrontation with a police officer who can be overly aggressive or tired or just not a good police officer.  […]

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DUI PROBATION VIOLATION IN LOS ANGELES

December 17, 2015

Upon a conviction for a California Vehicle Code 23152(a) or California Vehicle Code 23152(b), the court will punish a Los Angeles DUI offender with either a probation or a terminal disposition. Terminal disposition is typically a harsher punishment, usually imposed when a defendant refuses probation or when a defendant is not a good candidate for rehabilitation. An ability to rehabilitate is determined by judges who tend to look at the previous convictions to decide if a defendant will benefit from probation. For example, if defendant has several previous convictions close in time, then a judge can decide that a grant of probation will not be appropriate because the defendant will likely violate the probation or reoffend by getting rearrested for […]

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Statute Of Limitations For a DUI

December 8, 2015

In California, a DUI can be a misdemeanor or a felony. Felony DUI are prosecuted when there is more then 3 DUI convictions, from arrest date to arrest date, within the past ten years. A felony DUI can also be filed when a Los Angeles DUI driver causes an injury to another person. A misdemeanor DUI can be filed in all other instances and will cover the majority of DUI prosecutions in Los Angeles. A misdemeanor DUI case has to be prosecuted within one year from the date the DUI happened. If the police did not bring the case to the court within one year of when it happened, the law will not allow them do it anymore. The technical […]

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DUI DEFENSE: DON’T SUBMIT TO VOLUNTARY TESTS

November 27, 2015

Los Angeles DUI investigation usually consists of 3 parts.  During the first part, the police make notes of their observation of the driver and his conduct.  During the second part, the police observe how the driver does on voluntary field sobriety tests.  During the third part, the police will take the driver to a station and take his breath or blood for alcohol testing.   The first part of a Los Angeles DUI investigation consists of visual observation of the driver.  The officer will make observations and ask driver questions.  Los Angeles DUI attorney do not believe that is helpful to talk to the police officers (here is the link to a previous post discussing this topic).  Any incriminating answers […]

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DUI DEFENSE: DON’T TALK TO COPS

November 26, 2015

It is hard to find a driver who was never stopped by police in Los Angeles.  Some of these stops by the police result in DUI investigations.  Some of these DUI investigations result in Los Angeles DUI arrests.  How do you avoid a DUI investigation or an arrest?  If you did have something to drink, what do you say or do to increase your odds of fighting your case?  Los Angeles DUI attorneys try to answer one of these questions.   Should You Talk To Cops?: NO!   The first thing that happens upon a traffic stop is the police officer approaches the driver and starts conversing with him or her.  During that conversation, the police officer will try to […]

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DUI Defense: Attacking the breath test in California

November 24, 2015

Many police officers will evaluate a driver for alcohol or drug impairment at the time of any traffic stop in Los Angeles or after an accident.  For example, if you are stopped for not wearing a seatbelt, a trained Los Angeles police officer, a CHP officer, or any other law enforcement officer, will observe and note if you can be under the influence of alcohol or drugs.  He will notice any smells of alcohol or marijuana, look at your eyes to see if they are red and see if your speech is slurred.  Drunk driving attorneys in Los Angeles specialize in defending people who are pulled over without a good reason.  Los Angeles DUI attorneys will fight these cases by […]

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Los Angles DUI Attorney Cost

October 30, 2015

How much does a good DUI lawyer cost? The price of hiring a professional DUI defense attorney to help you fight your case in the Superior Court and at the Administrative Per se hearing varies between practitioners.  It is not uncommon to hear that some lawyers will charge as little as $500.00 to represent defendants in court.  On the other hand, it is also possible to hire an attorney who values his services extremely high and to pay $10,000.00 or more for even pretrial representation.  Typically, it is not advisable to hire attorneys on the low end of the price range mostly because they will be either inexperience or not motivated to litigate the criminal case to get the best possible […]

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DUI Blood Test Errors in Los Angeles

October 26, 2015

In this article we will discuss DUI Blood Test Errors that are well known and can cause serious problems in Los Angeles DUI prosecutions. DUI Blood Test is need when a driver is arrested for a DUI, he or she has to submit to a chemical test. Los Angeles DUI lawyers will help you fight your DUI case and show presence of DUI blood test errors.  The driver will be asked to choose to either do a blood test or the breath test when arrested for a DUI.  Only if neither test is available, the police have to offer a urine test.  Urine test is very unreliable compared to breath or blood test and rarely used in DUI prosecution.  But even […]

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Withdrawal of guilty DUI plea

September 20, 2015

You can petition the court for a withdrawal of guilty DUI plea when there are really good reasons.  One such good reason is found in California Penal Code section 1018.  Los Angeles drunk driving attorneys, such as lawyers in our offices, will help you decide if you can file a motion for withdrawal of guilty DUI plea.  California Penal Code section 1018 is used for cases that are not sentenced yet or for cases where you were given probation less then 6 month ago.  If you are within 6 month since being placed on probation by the Superior Court and think that your guilty plea was a result of mistake, please call our Los Angeles DUI attorneys for a free […]

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Bench Warrant DUI. Tips on Handling and Getting Dismissals

August 26, 2015

Tips on Handling (and Getting Dismissals For) Some DUI Cases in a Bench Warrant  DUI Status (Serna Motions) When a defendant fails to appear in court after he was cited to appear by the arresting officer or fails to appear after a court order, the court may issue a warrant for arrest of the defendant.  Having a Bench Warrant DUI for an arrest can be very stressful and dangerous because any contact with a police officer can end up with a defendant being arrested.  Many DUI cases in Los Angeles result in bench warrants simply because DUI defendants who are cited out forget to appear in court.  Part of our Los Angeles DUI attorney practice is to handle cases in […]

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