Drunk Driving Arrest In Los Angeles
July 5, 2013
In Bumper v. North Carolina 391 U.S 542 (1968), the Supreme Court ruled that consent is not valid (i.e. no consent) when official conducting the search informed the owner of house that he possesses a warrant and then asked for consent. The argument of USSC based on claim of coercion – they called it “lawful coercion“. In determining whether a criminal defendant was convicted “according to law,” the test is not and cannot be simply whether this Court finds credible the evidence against him. Crediting or discrediting evidence is the function of the trier of fact, in this case a jury. The jury’s verdict is a lawful verdict, however, only if it is based upon evidence constitutionally admissible. When it is […]
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July 2, 2013
On June 21, 1970, Allan Hawkins ran a stop-sign and hit another car, killing his passenger and injuring a person in that other car. (People v. Superior Court (Hawkins) 6 Cal 3d 757 (1972). CHP took a vial of Hawkins’ blood from the hospital (to which he was taken to by an ambulance). But CHP never arrested Allan Hawkins. Once authorities obtained results of the blood test, Hawkins was charged with felony drunk driving and felony vehicular manslaughter. Hawkins’ lawyer filed a motion to suppress his blood test results based on (1) Hawkins’ consent was not given freely and voluntarily and (2) no exception to warrantless search of Hawkins. The second argument needs a little explaining: The government […]
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June 11, 2013
After a DUI arrest in Los Angeles the arrested driver is likely not only to face a criminal case in Los Angeles Superior Court, but also is likely to face an administrative prosecution by the DMV to suspend or revoke the driver’s license. These two procedures are independent of each other and even if the DMV is dismissed (such as with a plea to a reduced charge), the driver’s license can be suspended by the DMV based on administrative hearing after a DUI arrest. Our skilled Los Angeles DUI defense attorneys will defend you in DMV hearing and in Criminal Court. If administrative hearing is lost and suspension is ordered by the DMV against the driver, after period […]
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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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October 24, 2010
How often do you hear that more needs to be done to fight DUI and Drunk Driving Fatalities? How terrible it is to hear that someone was injured or killed by a drunk driver! Let’s be clear, I am a Los Angeles DUI attorney, whose job is to fight for the drivers accused of a DUI, and I believe that most DUIs can be fought. I believe that machines are faulty, the chemical tests are unreliable, we are all different and are responding to alcohol differently. I believe that many DUI cases an be won – if not through motions, then at trial. Often my job involves damage control where I play down the facts of a horrible DUI by […]
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