Attorney Tips on Handling DUI Cases
February 27, 2012
Many Los Angeles DUI investigations start from a police traffic stop. The police can pull over a vehicle for a moving violation, such as speeding or weaving outside of a lane, or following too close. The police can even stop you for a non-moving violation, such as non-working light or missing license plate. Here, Los Angeles DUI Attorney discusses how to win your Los Angeles DUI case when you get pulled over because your car has only rear license plates. Not having front license plates can result in you being pulled over by Police in Los Angeles and culminate in a Los Angeles DUI arrest. MOTION FOR SEARCH AND SEIZURE: LOS ANGELE DUI If you are pulled over in Los […]
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February 12, 2012
High BAC level is one of the reasons a prosecutor might demand a higher punishment. The courts are also less lenient on the individuals who are drunk driving with a high BAC level. The reasons are clear, a high BAC level means the person is more impaired and therefore is more likely to cause a collision and injure an innocent person. For these reasons, high blood alcohol level is considered a factor in aggravation of a drunk driving case. However, often, the blood alcohol level is not reflective of an alcohol consumption pattern. Some defendants might be surprised when they are told that they have high BAC level, because they did not drink a lot of alcohol. Here, we are […]
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Usually, a person whose blood alcohol level chemical test results are below .08% alcohol by weight will not be prosecuted for a DUI in Los Angeles. This is different in Orange County, where many drivers are prosecuted for a DUI even if their results are below .08% BAC. It is of course, more likely that the under .08% BAC cases will be prosecuted as a DUI in Los Angeles when law enforcement has evidence of bad driving, accident, or impairment regardless of BAC results. For example, the prosecution for a VC 23152(a), a generic DUI, does not require any specific level of alcohol and can be used for prosecution of refusal DUI cases in Los Angles, low BAC DUI cases […]
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January 30, 2012
Any DUI prosecution depends on blood or breath test results that will be used to prosecuted a DUI case. DUI test results then will be presented to the court as evidence of guilt. DUI lawyer Los Angeles knows how to defend against DUI test results and will prepare a defense of DUI test. Knowledgeable Los Angeles DUI lawyers can undermine results of a DUI test using scientific approach to DUI. Depending on the circumstances of a DUI arrest in Los Angeles, DUI test results can be very defensible. There are number of approaches that can be taken by drunk driving defense lawyer against both DUI blood test and DUI breath test. For example, Los Angeles DUI Attorney can question the […]
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October 5, 2011
A person arrested for a DUI in Los Angeles or anywhere else in California has a right to a DMV hearing to show that the police stop or the arrest was not justified or that at the time of driving, the blood alcohol level was below .08% BAC. The “at the time of driving” is the most important part because the alcohol breath or blood test is usually done hours after the hearing and thus, they can be very different from the blood alcohol level if it was measured at the time of driving. Los Angeles DUI Attorney recommends that you contact a Los Angeles DUI lawyer to help you fight your DMV hearing or a DUI in Los Angeles. […]
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July 1, 2011
A felony DUI, if charged in Los Angeles, is a very serious DUI case with a possible sentence in the California State prison. To avoid being sentenced to state prison, please contact Los Angeles DUI Attorney who handled many Los Angeles DUI cases including Los Angeles Felony DUI cases. A Los Angeles DUI felony means one of 3 things: That Los Angels DUI driver had more than 3 DUI cases within the past 10 years (counting arrrest date to arrest date); That he has a previous felony DUI within the past 10 years; Or that the Los Angeles DUI driver was arrested after an accident where someone was injured. Any DUI case can have serious consequences because of how it […]
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May 29, 2011
After being arrested for a DUI in Los Angeles, a police officer will issue a temporary driver’s license, write a DUI arrest report, write a citation to appear in court, and fill out a DS 367 DMV form. The DMV will rely on the DS 357 form to prosecute the driver at the DMV hearing. Most of the time, if the officer fills out the DS 357 form correctly, the DMV will not need the officer’s testimony and will not subpoena him or her for the Admin Per Se hearing. Also, after a recent case of CDLA v. DMV, the DMV rarely will subpoena police officers to avoid conflict of interest perception. In that lawsuit, the Appellate court determined that […]
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May 21, 2011
THE LAW: After 1966 United States Supreme Court’s decision in Miranda v. Arizona, police officers can not question a suspect if he invokes Miranda rights. If Miranda rights are violated, the statements made to police officers are not admissible. But, Miranda applies only to “custodial interrogation”; that is, if the suspect is not in custody or otherwise is not deprived of his freedom in any significant way, Miranda does not apply. Also, Miranda does not apply if the suspect makes statements not in response to questions. APPLICATION: The Miranda prevents questioning by police officers once suspect is “deprived of his freedom”. But, Miranda does not mean that police officer can not get confession/admission from the driver/suspect prior to “depriving him/her of […]
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April 10, 2011
Vehicle Code 23612 (i) If the officer decides to use a preliminary alcohol screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test,as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the […]
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March 31, 2011
GENERALLY SPEAKING: Without knowing more, it is hard to say how defensible is your case. One thing is certain, unlike a DUI arrest where a police officer observed you violate some traffic law, you might be in a better position to fight your DUI by filing a motion to suppress the evidence. A motion to suppress is commonly referred to as a “1538.5 motion” and is based on the California Penal Code Section 1538.5. The reason you have a better fighting chance after a DUI arrest at a sobriety check-point is because the law on the sobriety check-point set up is very technical, making it easier to mess up with a sloppy police work. There are at least 8 distinct […]
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