How to fight for you case

Restitution Hearing and Prosecution in California DUI Cases

November 7, 2017

RESTITUTION PAYMENT IN DUI CASES Any conviction for a DUI can result not only in payment of money to the courts in fines and costs, but it can also result in payment of money to “victims” as part of the compensation for any direct loss that they suffered. In California law, victims are defined broadly but in DUI cases it usually means those who got injured in DUI traffic accidents. If you are convicted of a DUI case you can be ordered to pay thousands of dollars to the victims of a DUI collision to compensate them for all of their expenses. The best way to protect yourself from paying large sums of money to the victims is to fight […]

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Don’t Make these 3 mistakes if you get a California DUI

February 21, 2017

Doubt, anger, plummeting self-esteem, disappointment, fear, and frustration. Getting convicted of a DUI will get all sorts of emotions running through your system. Part of you is scared about what’s going to happen. Another part of you feels ashamed of letting the important people in your life down. You are under stress about the costs and fines. And you’re angry with yourself or the people who were there when you decided to drive. These are all understandable reactions to having to go through this situation. What is important, to take the steps you can to handle your DUI case as effectively as possible. Don’t make the mistakes that will create hassles, cost you more money, or lead you to a […]

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Restricted License after Los Angeles DUI

March 7, 2016

After a DUI conviction, you might have Restricted License. There are different types of restricted licenses: with some restricted to driver to work and an alcohol education class and others restricted to only drive while having an ignition interlock device (IID) in your car. If you have a restricted license to drive only with an IID, you can drive anywhere, without being in a violation of the law. A restriction on the driver’s license can be imposed after a court conviction or after a DMV hearing.  As terms of a DUI probation, a driver can be ordered to comply with DMV orders. DUI Probation will include driving only with a restricted license for a period of time.  Alternatively, even if there is no […]

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CALIFORNIA DUI LICENSE REVOCATION AND ITS CONSEQUENCES

March 3, 2016

In California, a driver’s license can be lost through one of three ways, a cancellation, a suspension, and a revocation.  While, the license can be revoked for few reasons, a DUI license revocation is a consequences of some DUI arrests in California and specifically Los Angeles DUI.  DUI license revocation does not happen in every case because many DUI arrest only result in suspension. DUI License Suspension will allow you to get your license back after a period of time, whereas for a revocation, you will need to reapply for the driver license after the period of revocation. A DUI license revocation is imposed for a minimum of 2 years. One of the harshest consequence for a driver’s license is […]

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Serna Motion or California Speedy Trial rights violation

January 2, 2016

California law might allow some defendants to get dismissals for speedy trial rights violation. That can happen if time passed since the arrest and you are prejudiced now to go to trial. Please click on the links below to go directly to your topic of interest: CALIFORNIA SERNA MOTION DISMISSAL RIGHT TO SPEEDY TRIAL IN LOS ANGELES  CALIFORNIA SERNA MOTION DISMISSAL Under California law, Serna Motion is a motion to withdraw charges because the person’s right to speedy trial was violated. Serna Motion got it’s name after the case of Joaquin Serna in Superior Court of Los Angeles County in 1985. Juaquin Mario Serna was charged in 1978 with an embezzlement in the Los Angeles Municipal Court.  The owners of a […]

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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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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. […]

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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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I got arrested for a DUI in Los Angeles, but my car was parked. Do I have a defense?

May 11, 2011

You actually do have a great defense in your DUI case. However, you will need the help of an experienced attorney to convince the prosecutor to offer favorable disposition or to dismiss the case all together. Several factors will influence the negotiation with the prosecutor. Here are the examples of factors that need to be considered during the negotiation: (1) blood alcohol level, (2) condition of the driver, (3) control over the vehicle, (4) location of the parked vehicle. Lets discuss each factor individually. 1. Blood Alcohol Level: the higher the blood alcohol level, the harder it is to get a favorable disposition. Clearly, a driver with a .08 BAC deserve a little break when compared to a driver with […]

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