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DUI DEFENSE: WHEN YOUR CAR WAS PARKED
A typical DUI arrest involves a traffic stop for a violation of a vehicle code or some other observation of “bad driving” by the police officer. Other times, the officer does not observe driving but comes to the location of a car accident. Less often, a DUI suspect gets arrested after police decide to approach a parked vehicle. When that happens, you will have a great defense of your DUI case. You will need the help of an experienced attorney to convince the prosecutor to offer a favorable disposition or to dismiss the case altogether. It is possible for Los Angeles DUI attorneys to get prosecutors to offer great deals on no-driving defense cases or even a dismissal when […]
Restricted License after Los Angeles DUI
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 […]
CALIFORNIA DUI LICENSE REVOCATION AND ITS CONSEQUENCES
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 […]
Driving on a suspended license in California
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 than 364 days. 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 driver’s license suspension is the type that is imposed by the DMV after a DUI conviction. When a person is convicted of a […]
Nystagmus as part of DUI investigation, Los Angeles
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 field sobriety tests. The field sobriety tests are voluntary tests that drivers suspected of DUI in Los Angeles can and should decline to perform. If you agree to do the field sobriety tests, the cops and the DA will use them to show that you are impaired. The tests are highly subjective and can cause a person to be arrested even when he or she is not under […]
DUI Probation: Terms and Conditions
DUI Probation is a very common resolution in many DUI cases. However, the law does not require that a defendant is placed on probation. Instead, a defendant in a DUI case can resolve his or her case for a “terminal disposition”, meaning, after the sentencing, there are no obligations to the court because after the sentence is complete and the case is over. In fact, you must agree to be placed on probation. Defendants Want to Be on DUI Probation to Avoid Jail Time. Some defendants are not eligible for DUI probation because of the record or the nature of the offense. For instance, if you are charged with a 3rd felony, the DA can allege a special allegation under […]
Fighting BAC Results in California DUI Cases
In this article, DUI Defense Lawyer discusses how to fight BAC Results in California DUI Cases. Click on the links below to go directly to your topic of interest. The Importance of a BAC Results in Los Angeles DUI Cases BAC level lower then .08% in DUI cases High Blood Alcohol Cases in California DUI cases The Importance of BAC Results in Los Angeles DUI Cases Los Angeles DUI prosecutors will look at several factors to decides how to prosecute a DUI in Los Angeles. First, Los Angeles DUI prosecutors will check if there was an accident prior to Los Angeles DUI arrest. Any accident will make a DUI seems much more serious in the eyes of Los Angeles County Judge […]
Chemical Test Refusal in Los Angeles DUI Cases
Any driver arrested for a DUI is required by California state law to submit to a chemical test. A chemical test can be a blood test, a breath test, or a urine test. A DUI refusal to submit to a chemical test is a more serious offense than a simple DUI. This article discusses Chemical Test Refusal in California DUI Cases. Click on the links below to go directly to your topic of interest. 1. WHAT ARE THE CONSEQUENCES OF BEING ARRESTED FOR A DUI WITH A REFUSAL ALLEGATION? 2. WHAT IF I WAS ARRESTED FOR A CHEMICAL TEST REFUSAL BUT I WAS NOT DRIVING? 3. HOW CAN A DRIVER ARRESTED FOR A “REFUSAL DUI” IN LOS ANGELES FIGHT HIS CASE? 4. […]
Alcohol Breath Test and The Problems it Creates During DUI Investigations
The alcohol breath test is not as reliable as the police want them to be. We are all fall under the impression that an alcohol breath test conducted by a police officer and showing that you are above Legal Blood Alcohol Level means that you are drunk driving and should be arrested before someone gets hurt. Yet, what gives the DUI Breathalyzer its credibility is not entirely clear. Does it deserve the trust placed into it by the Los Angeles DUI police officers or its ordinary citizens? Here, we are addressing some of the issues with alcohol breath tests and why they can be inaccurate and lead to wrongful convictions. Upon a Los Angeles DUI arrest, the police may ask you […]
Legality of Blood Draw in DUI Defense in Los Angeles
DUI Blood Test is a hot area of litigation in courts throughout the country. In Schmerber v. California, a 1966 decision by the Supreme Court, the court decided the constitutional legality of a DUI test. What makes a DUI Blood Test illegal even when you agree to the blood draw? We provide a guide to the hearing that can be held to suppress the DUI blood test results and to get a dismissal of your DUI case. If you were arrested for a DUI, the police most likely tried to get a blood or a breath test to see how much alcohol you have in your blood. The Legal Blood Alcohol Level in California is below .08% BAC. Thus, a person […]