Los Angeles DUI Defense

DUI Defense: Attacking the breath test in California

November 24, 2015

Many police officers will evaluate a driver for alcohol or drug impairment at the time of any traffic stop in Los Angeles or after an accident.  For example, if you are stopped for not wearing a seatbelt, a trained Los Angeles police officer, a CHP officer, or any other law enforcement officer, will observe and note if you can be under the influence of alcohol or drugs.  He will notice any smells of alcohol or marijuana, look at your eyes to see if they are red and see if your speech is slurred.  Drunk driving attorneys in Los Angeles specialize in defending people who are pulled over without a good reason.  Los Angeles DUI attorneys will fight these cases by […]

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DUI DEFENSE: ATTACKING THE BLOOD TEST

November 23, 2015

After a DUI arrest in Los Angeles, DUI investigating officers (LAPD or CHP for the most part), are required to tell the arrested driver that he has to take a blood test or a breath test.  The purpose of this test is to measure the alcohol in the bloodstream of the arrested driver.  If it is a breath test, you can see the results right away.  If it is a blood test, the results will not be available for several weeks.  The blood test is considered to be more accurate then the breath test, and because the blood is kept by the police, Los Angeles drunk driving attorneys can retests the collected blood later.  The breath sample used to test […]

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DUI Blood Test Errors in Los Angeles

October 26, 2015

In this article we will discuss DUI Blood Test Errors that are well known and can cause serious problems in Los Angeles DUI prosecutions. DUI Blood Test is need when a driver is arrested for a DUI, he or she has to submit to a chemical test. Los Angeles DUI lawyers will help you fight your DUI case and show presence of DUI blood test errors.  The driver will be asked to choose to either do a blood test or the breath test when arrested for a DUI.  Only if neither test is available, the police have to offer a urine test.  Urine test is very unreliable compared to breath or blood test and rarely used in DUI prosecution.  But even […]

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SEARCH AND SEIZURE LAWS IN CALIFORNIA

October 22, 2015

This article discusses SEARCH AND SEIZURE LAWS.  Click on the links below to go directly to your topic of interest. SEARCH AND SEIZURE DEFINITION SEARCH AND SEIZURE CASES UNREASONABLE SEARCHES AND SEIZURES ILLEGAL SEARCH AND SEIZURE SEARCH AND SEIZURE OF VEHICLES SEARCH AND SEIZURE DEFINITION Search and seizure motion is one of very important element of defending a criminal case in Los Angeles Superior Court.  In California, the federal Search and Seizure law is codified in Penal Code Sections 1538.5 at al. In People v. Williams (20 Cal 4th 119), all 7 justices of the Supreme Court agreed that a defendant needs to have some level of specificity in his motion to give notice to the prosecutor of the sort of evidence prosecutor […]

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Withdrawal of guilty DUI plea

September 20, 2015

You can petition the court for a withdrawal of guilty DUI plea when there are really good reasons.  One such good reason is found in California Penal Code section 1018.  Los Angeles drunk driving attorneys, such as lawyers in our offices, will help you decide if you can file a motion for withdrawal of guilty DUI plea.  California Penal Code section 1018 is used for cases that are not sentenced yet or for cases where you were given probation less then 6 month ago.  If you are within 6 month since being placed on probation by the Superior Court and think that your guilty plea was a result of mistake, please call our Los Angeles DUI attorneys for a free […]

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Bench Warrant DUI. Tips on Handling and Getting Dismissals

August 26, 2015

Tips on Handling (and Getting Dismissals For) Some DUI Cases in a Bench Warrant  DUI Status (Serna Motions) When a defendant fails to appear in court after he was cited to appear by the arresting officer or fails to appear after a court order, the court may issue a warrant for arrest of the defendant.  Having a Bench Warrant DUI for an arrest can be very stressful and dangerous because any contact with a police officer can end up with a defendant being arrested.  Many DUI cases in Los Angeles result in bench warrants simply because DUI defendants who are cited out forget to appear in court.  Part of our Los Angeles DUI attorney practice is to handle cases in […]

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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 […]

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Usage of One-Leg-Stand Test in Los Angeles DUI prosecutions.

April 19, 2015

This is a continuation of previous posts on field sobriety tests and how Los Angeles police agencies use it to form a very subjective opinion that a driver is under the influence of drugs or alcohol and therefore drives in violation of Vehicle Code section 23152(a) or 23152(b) (commonly known as DUI statutes). If during a traffic stop in Los Angeles, a police officer smells alcohol, a driver is likely to be detained for a DUI investigation.  An investigation for a DUI in Los Angeles typically involves several field sobriety tests, most commonly: a horizontal-gaze-nastagmus (HGN), a romberg-balance, a one-leg-stand test (OLS), a walk-and-turn (WAT), and a preliminary-alcohol-screening breathalyzer test.  Our typical recommendation to clients is not to submit to […]

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Should I Use An Attorney When I Am Guilty Of Drunk Driving?

February 15, 2015

Alcohol is probably the most abused substance in the world.  Millions of Americans are dealing with this problem with up to 10% of alcohol users being alcohol-dependent.  Some research indicate there are 3 times as many males as females who are alcohol depended.  A lot more users are under 45 years of age, apparently a critical age, with most of the death from alcohol abuse falling below 45 years mark.  More people in the 15-45 age group die from alcohol misuse then from any other cause, with an estimated yearly figure for all age groups in the 200,000 range.  A third of suicide and half of traffic death are connected to alcohol use by people in this age category.  Also, the […]

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Helmandollar plea or How to Keep Driver’s License after DUI

February 5, 2015

Typically, any DUI conviction or an adverse finding by the DMV at an APS hearing will result in a loss of driver’s license. Short of pleading to a reduced charge (a wet reckless or a dry reckless) and getting a set aside at the Admin Per Se hearing, the driver’s license will be lost for a period depending on number of priors. An attorney can negotiate a DUI plea that will result in no loss of license. Under a 1992 decision from the Court of Appeals, a plea to a VC 23152(a) and an explicit finding of not guilty on VC 23152(b) will result in set aside from the DMV and a no-loss of license to the driver. Around 1992, Mark […]

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