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SPEEDY TRIAL RIGHTS DISMISSAL OF DUI LOS ANGELES
Most DUI arrests in California must be prosecuted within one year (for legal authority see California Penal Code section 802(a)) When police does not bring a misdemeanor DUI case to California Superior Court within one year, the statute of limitation will forever prevents the court from deciding your Los Angeles DUI. But even when the police brings your Los Angeles drunk driving case to the prosecutor within one year and it gets filed within one year, the case can be dismissed if the police does not comply with constitutional rules. One such rules is a “right to a speedy trial”. When a person’s speedy trial rights are violated, he can get speedy trial rights dismissal of DUI Los Angeles charges. Many […]
LOSS OF DRIVER’S LICENSE
AFTER DUI ARREST DMV AUTOMATICALLY REVOKES OR SUSPENDS YOUR DRIVER’S LICENSE. Upon a DUI Arrest, the arresting officer will take away your California driver’s license and mail it to the DMV. However, the arresting officer will not take your driver’s license, if you are visiting from another state and drive on your out of state driver’s license. Instead of hardcopy of your driver’s license, the arresting officer will issue a temporary driver’s license. This document will allow you to drive for 30 days from the date of the arrest. After 30 days your license will expire unless you request a hearing within 10 days from the day of the arrest. Without a hearing request the DMV will quickly […]
Statute Of Limitations For a DUI
In California, a DUI can be a misdemeanor or a felony. A felony DUI is filed when there are more than 3 prior DUI convictions, from the arrest date to the arrest date, within the past ten years. A felony DUI can also be filed when a Los Angeles DUI driver causes an injury to another person. Also, a felony DUI can be filed if you have a previous felony DUI conviction within the past 10 years. A misdemeanor DUI will be filed in all other instances and that is the majority of Los Angeles DUI prosecutions. Statute Of Limitation Misdemeanors Statutes of limitations can be found in California Penal Code sections 799-805. A misdemeanor DUI case has to be […]
How to drink without exceeding the alcohol legal limit in California?
A DUI in Los Angeles will typically be prosecuted when a person is above the legal limit. In California, a permissible alcohol level in blood is equal to 0.08% for adult non-commercial drivers who are not on DUI probation. Commercial drivers, when operating a commercial vehicle, are permitted to have no more than 0.04% blood alcohol content. Minors are not allowed to have any alcohol while driving under a zero-tolerance California law found in CVC 23136. A violation of zero-tolerance California violation is not a crime but it will result in a one-year driver’s license suspension. A “minor DUI”, found in CVC 23140 is an infraction-level offense with a blood alcohol level of .05 or lower BAC. An infraction is […]
Penal Code 1538.5: Unreasonable Search & Seizure
One of the best ways to win your case without going to trial is to win a search and seizure motion. Search and seizure motion in California is known as a motion under PC 1538.5. California Penal Code section 1538.5 does not allow police to search you or your car without a good reason. →When the police do not have a good reason to stop you – you have an “unreasonable search”, which is a violation of the 4th amendment to the U.S. Constitution, California Constitution, and California Penal Code statute 1538.5. In a situation like this, you must file a motion to suppress the evidence that the police are trying to use at trial to prove that you are […]
DUI Refusal in Los Angeles
Any driver arrested for a DUI in Los Angeles is required by state law to submit to a chemical test. A chemical test can be a blood test, a breath test or, when neither is available, a urine test. A Los Angeles DUI refusal to submit to a chemical test after a DUI arrest in Los Angeles is a more serious offense then a simple DUI. When a police officer in Los Angeles makes a DUI arrest, he is required to read verbatim from the back of the DMV form, called DS-367, a statement advising arrested drivers the requirement to submit to a chemical test and the consequences of refusal to submit to the chemical test after a DUI arrest […]
Defending a DUI in Los Angeles: section 23152 (a) and/or 23152 (b)
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 […]
DUI DEFENSE: DON’T SUBMIT TO VOLUNTARY TESTS
Los Angeles DUI investigation usually consists of 3 parts. During the first part, the police observes the driving of the driver and note their observation for future police report. 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 of driving and driver’s demeanor and ask driver questions about drinking patern etc. Los Angeles DUI attorney does not believe that is helpful to talk to the police officers. Any incriminating answers […]
DUI Defense: Attacking the breath test in Los Angeles DUI Prosecution
Many police officers consider all traffic stops a DUI investigation. Thus, the second you are stopped in Los Angeles by a police officer, you are suspected of a DUI! This is more so after accidents in Los Angeles, Orange County, etc. For example, if you are stopped for not wearing a seatbelt, many police officers, CHP officers, or any other law enforcement officer, will note if you can be under the influence of alcohol or drugs. They are trained to detect any signs of alcohol consumption, such as open bottles, the smell of alcohol, and any other signs, such as red eyes and slurred speech. Drunk driving attorneys in Los Angeles specialize in defending people who are pulled over without […]
DUI DEFENSE: ATTACKING THE BLOOD TEST
After a DUI arrest in Los Angeles, DUI investigating officers (LAPD, CHP, the Sheriffs, or local police agency officers), are required to tell the arrested driver that he has to take a blood test or a breath test. The purpose of the 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 than the breath test, and because the blood is kept by the police, Los Angeles drunk driving attorneys can retest the collected blood later. The breath sample used […]