DUI Cases Dismissed in California

SPEEDY TRIAL RIGHTS DISMISSAL OF DUI LOS ANGELES

December 10, 2015

Most DUI arrests in California must be prosecuted within one year.  When police does not bring a misdemeanor DUI case to California Superior Court within one year, the statute of limitation will forever prevents the court from deciding your Los Angeles DUI. But even when the police brings your Los Angeles drunk driving case to the prosecutor within one year and it gets filed within one year, the case can be dismissed if the police does not comply with constitutional rules.  One such rules is a “right to a speedy trial”.  When a person’s speedy trial rights are violated, he can get speedy trial rights dismissal of DUI Los Angeles charges. Many cases that get filed on time, will go […]

Read more »

DUI Defense: stop for not showing a turning signal

August 18, 2015

When a driver is pulled over without a reason, he can suppress the evidence obtained against him, including results of his blood or breath test, in a search and seizure motion pursuant to Penal Code Section 1538.5  and the Fourth Amendment. The police are allowed to pull over a driver only based on a violation of the Vehicle Code or some other law. (See People v. Durazo 124 Cal App 4th 728). If you were pulled over in Los Angeles because you failed to signal a turn and later arrested for a DUI, your DUI case can be fought based on a recent Court of Appeal decision. A recent Court of Appeal decision disallows the police to pull over drivers […]

Read more »

Requesting a Continuance from the DMV at an APS hearing after a DUI arrest in Los Angeles

June 27, 2011

SUMMARY: Once an APS hearing is scheduled, a Los Angeles DMV hearing officer is appointed and all decisions about continuances are up to him or her. A request for a continuance have to be put in writing and faxed to the DMV as soon as a reason for the continuance is learned. For example, if a necessary witness is not available to testify for the hearing, a request to continue the hearing should be faxed to the hearing officer stating that (1) a necessary witness is not available on the day of the hearing and (2) the respondent only learned about the unavailability recently. THE LAW: The APS hearings are authorized and governed by Vehicle Code Sections 13558 and 14100-14111. […]

Read more »

DUI in Los Angeles At a Sobriety Check-Point. What Are My Chances Dismissing The DUI?

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 […]

Read more »

ATTENTION

THIS WEBSITE IS CREATED FOR ADVERTISEMENT PURPOSES AND DOES NOT ESTABLISH AN ATTORNEY CLIENT RELATIONSHIP. UNLESS THERE IS A CONTRACTUAL AGREEMENT BETWEEN ATTORNEY AND CLIENT. DO NOT USE INFORMATION ON THIS WEBSITE FOR LEGAL ADVICE WITHOUT TALKING TO AN ATTORNEY ABOUT SPECIFICS OF YOUR CASE. EXAMPLES AND CONSULTATION WILL NOT GUARANTEE INDIVIDUAL RESULTS.
ALL CONTENT ON THIS SITE IS CREATED FOR ATTORNEY ALEX ANDRYUSCHENKO