Los Angeles DUI Defense

Driving on a suspended license in California

February 26, 2016

Driving on a suspended license in California is a crime.  This is considered a lower level offense, classified as a misdemeanor.  A misdemeanor is a criminal offense for which a person can not be sentenced to jail for more then a year.  In contrast, a felony is a type of crime where the sentence in prison can exceed one year.  Unlike DUI cases where the offense can be sometimes a felony, driving on a suspended license can never be a felony. A driver can have a suspended license for a number of reasons.  The worst kind is a suspension that happened because of a DUI.  When a person receives a DUI, the clerk of the court will notify the DMV electronically […]

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Nystagmus as part of DUI investigation, Los Angeles

February 24, 2016

Nystagmus is an investigation tool used by law enforcement to determine if a person is under the influence of alcohol. After a DUI stop, a police officer, if he suspects that the driver is under the influence of alcohol, can ask the driver to step out of the vehicle and submit to several field sobriety tests. Field sobriety test is a voluntary test and you can and should refuse to submit it. If you agreed to the tests, the prosecutor will likely use them to show that you were impaired. The tests are highly subjective and can cause a person to be arrested even when he is innocent of the DUI. The most common field sobriety tests are a visual check for nystagmus, […]

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Breath test science:how California courts ignore it

February 15, 2016

California Supreme Court recently eliminated several important breath test defenses for DUI cases that drunk driving attorneys in Los Angeles used to successfully defend DUI cases in the Superior Court. According to the Supreme Court of California’s decision in People v. Vangelder, unreliability of breath sample can not always be argued to the jury.  Terry Vangelder was prosecuted for a DUI when his breath test came back as .08 percent alcohol after he was pulled over for speeding.   At trial, his defense tried to introduce testimony from Dr. Hastala who testified that breathalyzers don’t accurately show the level of alcohol in blood because recent scientific research shows that ratio of alcohol in air in lungs is not always the same […]

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Commercial Driver License DUI in California

January 29, 2016

Please click on the links below to go directly to your topic of interest: California Law for DUI with commercial driver’s license Penalties for Commercial DUI in California How To Beat A Commercial Vehicle DUI (CDL) Case? Can you still get a CDL license after two DUI convictions in California?   California Law for DUI with the commercial driver license. The DMV can suspend a commercial driver’s license.  A commercial driver’s license suspension can happen if you had a blood alcohol concentration of .04% or higher while driving a commercial vehicle (Cal VC 23152(d)).  In addition to a DMV commercial driver’s license suspension, a driver can be prosecuted for a DUI in criminal court.  If that driver drove a non-commercial vehicle while being DUI, […]

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Driving on a Suspended License in California

January 20, 2016

In this article Los Angeles DUI Defense Lawyer discusses Driving on a Suspended License.  Click on the links below to go directly to your topic of interest. LOS ANGELES DUI ATTORNEY EXPLAINS SUSPENDED LICENSE LAW ATTORNEY EXPLAINS TYPES OF LICENSE SUSPENSION DRIVING ON A SUSPENDED LICENSE ALSO CARRIES POINTS WITH THE DMV COURT PROCESS FOR SUSPENDED LICENSE SUSPENDED LICENSE. Example 1 SUSPENDED LICENSE. Example 2 SUSPENDED LICENSE. Example 3 LOS ANGELES DUI ATTORNEY EXPLAINS SUSPENDED LICENSE LAW California Laws covering driving on a Suspended License can be found in California Vehicle Code sections 14601-14601.5.  The decision to charge one code section over another primarily deals with the type of suspension or revocation.  For instance, if the driver’s license suspension is based on a conviction for drunk […]

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California DMV Hearings and Appeals: Procedure and Process

January 7, 2016

In this article Los Angeles DUI Defense Lawyer discusses DMV Hearing Appeal.  Click on the links below to go directly to your topic of interest. DMV HEARINGS APS DMV HEARINGS HOW TO WIN A DMV HEARING HOW CAN EXPERT TESTIMONY HELP DURING AN APS HEARING DMV PROCEDURE AFTER DUI ARREST NEGLIGENT OPERATOR DMV HEARING APS DUI DMV HEARING APPEAL ADMINISTRATIVE REVIEW OF DMV DECISION APPEAL OF DMV RULLING TO THE SUPERIOR COURT TIME LIMIT TO FILE WITH THE SUPERIOR COURT THE REASONS TO FILE A WRIT PROCEDURE   DMV HEARINGS The DMV is in charge of driver’s licenses for all California Residents.  DMV issues driver’s licenses and keeps DMV driving record which include accidents, failure to appear in court, point counts […]

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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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Defending a DUI in Los Angeles: section 23152 (a) and/or 23152 (b)

November 28, 2015

A driver arrested for a DUI in Los Angeles can be charged with a violation of California Vehicle Code section 23152 (a) and/or section 23152 (b). A violation of California Vehicle Code section 23152 (b) occurs when a driver is over the legal limit. The legal limit is defined as .08% alcohol in blood.  In proving that the driver is over the legal limit, the government will attempt to measure your blood alcohol level within 3 hours of driving.  To make the prosecutor’s job easier, the driver who is arrested for a DUI is required by law to submit to a chemical test of his blood or breath.  In this situation, defending a DUI in Los Angeles must be based on […]

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DUI DEFENSE: DON’T SUBMIT TO VOLUNTARY TESTS

November 27, 2015

Los Angeles DUI investigation usually consists of 3 parts.  During the first part, the police make notes of their observation of the driver and his conduct.  During the second part, the police observe how the driver does on voluntary field sobriety tests.  During the third part, the police will take the driver to a station and take his breath or blood for alcohol testing.   The first part of a Los Angeles DUI investigation consists of visual observation of the driver.  The officer will make observations and ask driver questions.  Los Angeles DUI attorney do not believe that is helpful to talk to the police officers (here is the link to a previous post discussing this topic).  Any incriminating answers […]

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DUI DEFENSE: DON’T TALK TO COPS

November 26, 2015

It is hard to find a driver who was never stopped by police in Los Angeles.  Some of these stops by the police result in DUI investigations.  Some of these DUI investigations result in Los Angeles DUI arrests.  How do you avoid a DUI investigation or an arrest?  If you did have something to drink, what do you say or do to increase your odds of fighting your case?  Los Angeles DUI attorneys try to answer one of these questions.   Should You Talk To Cops?: NO!   The first thing that happens upon a traffic stop is the police officer approaches the driver and starts conversing with him or her.  During that conversation, the police officer will try to […]

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