Los Angeles DUI Defense

A DUI trial: chances of winning a DUI case in Los Angeles

June 1, 2013

In this article, DUI Defense Lawyer discusses A DUI trial. Click on the links below to go directly to your topic of interest. Can a Judge Punish A Defendant For Taking His DUI Case To a Trial? DUI Trial: Scientific Argument Expert Witnesses at a DUI trial in Los Angeles Can a DUI Case be dismissed when the courts are congested with other cases? Can a Judge Punish A Defendant For Taking His DUI Case To a Trial? One of the incentives for defendants to accept a plea bargain offer is to avoid imposition of a harsher sentence.  Many defendants worry that a judge will penalize a defendant for going to trial.  California and Federal law specifically prohibits punishing defendants with harsher sentence when they insist on taking […]

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Categorical Approach for Immigration Law

May 4, 2013

There is a concept of “categorical approach” – it is used in immigration law to determine if someone is deportable or not. Shortly, under the categorical approach – only conduct covered in the statute of conviction and only with a conviction can an immigrant suffer immigration consequences.  Under the categorical approach the immigration court is not permitted to consider mere conduct and to go “beyond” the conviction by reading the police reports. In the last few years the categorical approach was severely limited by number of decisions and Attorney General opinion in Silva-Trevino 24 I&N Dec 687, that specifically permitted reading police reports. Moncrieffe v. Holder, a recent decision by USSC, not only excluded conviction for distribution of marijuana from […]

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Are we expecting changes in DUI laws in California?

April 16, 2013

Many DUI defense attorneys are expecting that the DUI law in California will change to be harsher on the drivers.  The most likely changes, if they are to come, would be some combination of the following: (1) making DUI crimes priorable for longer then the current 10 years deadline. (2) making some level of THC in blood to be a “per se” DUI – such as the case with alcohol where a .08% BAC is a DUI regardless of the level of intoxication. (3) reducing the level of alcohol at which a driver is in a violation of DUI laws lower then the current 0.08 percent.  After all, many experts believe that most people’s attention and performance behind a wheel […]

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Evidence 101 – DMV records usage by the prosecution.

May 7, 2012

Here I would like to discuss evendentiary issue that Los Angeles Drunk Driving Attorneys often face at trials. A Los Angeles DUI prior or any other prior DUI is often proven by the prosecution using certified paper records from the previous conviction or convictions. Additionally, when relevant, DMV printouts with a driving record is used by the prosecution to show not only the previous convictions, but also the service of suspensions, i.e., that the person knew of the suspension. This is an aggravating factor and sometimes a separate charge in DUI prosecutions. However, a misdemeanor conviction or a DMV printout are hearsay and therefore inadmissible unless they fall within an exception to the hearsay rule. Experienced DUI lawyer in Los […]

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How hard it is to get a continuance at the APS hearing.

March 5, 2012

After a Los Angeles DUI Arrest, the arresting officer will not only issue a citation to appear in the Superior Court but will also give the arrested person a temporary license (a pink two side document). That temporary driver’s license is a notice of a hearing that the DMV will have without you, unless you request a more formalized hearing at which you can present evidence and establish a defense. The right to request such a hearing expires 10 days after the date of the arrest and is usually enforced pretty strictly by the DMV. Experienced Los Angeles DUI Lawyer will do it for you and will also schedule such a hearing with sufficient time to prepare a defense. If […]

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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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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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