DUI Laws in California

California Vehicle Code 12500: Driving without a License

February 27, 2012

A driver who is arrested for a DUI and who does not have a valid California driver’s license will usually be also sited for a California Vehicle Code Section 12500. Occasionally, even when a driver is not arrested for a DUI in Los Angeles, police officers will site out-of-state drivers and drivers with foreign/international permits for a misdemeanor violation of California Vehicle Code 12500. In that case, hiring DUI lawyer in Los Angeles might be premature, but we can help you defend against other violations including California Vehicle Code Section 12500 which in relevant parts states: VC 12500. (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued […]

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High BAC level without drinking a lot?!

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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Scientific Support in Undermining Results of Blood/Breath Test.

February 5, 2012

A skillful DUI lawyer in Los Angeles will use science to attack the reliability of breath results. Some Los Angeles DUI lawyers have background in science, others learned enough from books and experts. The prosecutor, as part of his case, will use an expert to interpret the blood results and opine on the impairment. Defense can either attack the testimony of the People’s expert or/and can call its own expert who will opine that there is no impairment and/or that the alcohol level at the time of driving is below the statutory .08%. Short of calling your own expert, Los Angeles DWI lawyers need to know basic scientific articles discussing science behind alcohol impairment and level of alcohol in blood. […]

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DUI test: problems and results

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 validity […]

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DUI FELONY PROSECUTION

July 1, 2011

DUI felony is usually a more serious DUI case with a possible sentence that can even involve a state prison commitment.  A DUI felony usually means that a driver has more then 3 DUI cases within the past 10 years, that his previous DUI was a felony, or that the driver caused a serious injury accident. Any DUI case can cause serious consequences for most people because of its effect on jobs, abilities to drive and even a potential jail time.  Most DUI cases filed in Los Angeles county are misdemeanors, however, many DUI cases can also be prosecuted as felonies. In California, by far, the most serious DUI is a DUI felony with injuries. When the injuries are very severe, the […]

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How long is the Driver’s License Suspension after 2nd offense DUI in Los Angeles?

June 19, 2011

SUMMARY: Most DUI prosecutions also involve hearings under the Administrative Per Se laws with the DMV. The Admin Per Se prosecution is civil in nature and can not result in jail or fines but instead only results in a loss of the driving privilege through a suspension or revocation of the driver’s license. The court conviction in itself can have driver’s license consequences. Full analysis of the driver’s license consequence must include discussion of both APS hearing and a court conviction. Here, I explain the consequence of a second offense Los Angeles DUI arrest/conviction on the driver’s license. LENGTH OF SUSPENSION: A court conviction of most second offense DUI’s in Los Angeles will result in a 2 year suspension of […]

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Does the Police Officer who wrote the “DUI Arrest Report” have to come to the DMV hearing to testify about what happened?

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 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 officer’s testimony and will not subpoena him or her for the Admin Per Se hearing. Davenport: The primary reason DS 367 is the main evidence in the Admin Per Se hearing is a 1992 case of Alfred Davenport who sued the DMV in the Court of Appeals […]

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