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DUI DEFENSE: No Driving Defense
“No driving defense” is One of common defenses for driving under the influences. It is typically used in cases where the police did not not observe driving (such is a common case in DUI prosecutions that involve an accident). A recent case in my practice involve an arrest of an extremely intoxicated Spanish speaking gentleman who was found next to his crashed car. No one observed the accident, however, there is an apparent confession by the client (who incidentally does not remember confessing). Eventhough client denied driving, his story was somewhat improbable and I knew that Los Angeles City Attorney could not be convinced by my client’s statement. To convince the prosecutor that my client was not the […]
Reliability of DUI Breathalyzer in DUI Prosecution
A history of DUI Breathalyzer device, commonly used by law enforcement to prosecute DUI cases in Los Angeles, can be traced to early 1900s, when it was first noted that alcohol level on breath of impaired individuals is correlated to the alcohol level in blood. The ratio of correlation is now assumed to be a constant and equivalent to 2,100. However, the science development in recent years put into question the reliability of DUI breathalyzer because the correlation of blood alcohol level to breath alcohol level is not constant between different individuals and it also can vary in same person from day to day or hour to hour. Since the first DUI breathalyzer was used by law enforcement in 1938 in […]
Legal Coercion In Drunk Driving Cases in Los Angeles
When a police officer influences a person to consent to a search, the consent is not valid. Such influence can be called “implied coercion”, and if it does, the court will throw out the results of a search. Search in DUI cases usually means obtaining blood or breath results after Los Angeles DUI arrest. If the court throws out the results of a blood test, the prosecutor will likely dismiss the DUI case because it is very hard to prosecute a DUI without blood alcohol results. In a federal case called Bumper v. North Carolina (391 US 543), police officers came inside a house by holding some papers in front of a defendant’s mother and telling her that they have […]
How To Defend Marijuana DUI In Los Angeles
MARIJUANA DUI In most alcohol-related DUIs in Los Angeles, the prosecution files at least 2 charges, a violation of California Vehicle Code section 23152(a) and a violation of California Vehicle Code section 23152(b). If however, the level of alcohol is not known, such is often the case with a “refusal DUI Los Angeles cases”, the prosecution will file only one charge, a violation of California Vehicle Code section 23152(a). If the production believes that refusal is justified, they will file a special allegation known as “a refusal allegation”. For Marijuana DUI, even since the statute was amended with “drug-specific sections”, the prosecutions will file a violation of the California Vehicle Code section 23152(f). In addition to being able to charge […]
DUI DEFENSE: HIGH BLOOD ALCOHOL LEVEL
The most important piece of evidence in a DUI is the blood alcohol level of the arrested person. Most DUI will be prosecuted when the blood alcohol level is above .08% BAC. High blood alcohol level DUI cases are harder to defend because not only the prosecutors are less willing to reduce a DUI to a lesser charge or dismiss it altogether, but also because high blood alcohol level DUI can involve harsher punishments if there is a conviction. Los Angeles DUI lawyer have many years of experience defending high blood alcohol level DUI in Los Angeles and will fight your case no matter how terrible you think your case is. Often, Los Angeles DUI attorneys can defeat a DUI […]
What To Do If You Are Arrested For a Marijuana DUI in Los Angeles
It is illegal to drive under the influence of alcohol or marijuana. A Marijuana (stoned) driving can be prosecuted under California Vehicle Code section 23152(f). A driver cannot smoke marijuana while driving a car and a passenger cannot smoke marijuana while riding in a car (Health and Safety Code section 11362.3(a)(7) and (8). It is also illegal to possess an open container of Marijuana (HS 11362.3(a)(4)). However, Los Angeled DUI Attorney experienced that The Los Angeles City Attorney Office and the Los Angeles County District Attorney Office do prosecute Marijuana DUIs with less vigor then they do alcohol-related DUIs. If you are arrested for a Marijuana DUI, please call our office at (818) 921 7744 to talk to the Los […]
Cell phone Police Stop in DUI cases
It is probably fair to say that in many DUI cases, a police investigation starts with a traffic stop. Police can approach a driver because of speeding or weaving outside his lane or observe not hands-free cell phone usage. Cell phone police stop seemingly gives police a reason to stop a motorist. Once the police initiates a traffic stop and approaches a driver, a smell of an alcoholic beverage can cause a DUI investigation and can result in an arrest for a DUI. If that happened, please contact our office to talk to a Los Angeles DUI lawyer. Most police agencies follow strict protocol when it comes to DUI investigations and traffic stops including cell phone police stops. If you […]
Drunk Driving Arrest In Los Angeles After A Traffic Law Violation on Private Parking Lot
Some parking lots have sign limiting speed or regulating “stop and go” of traffic (such as “stop signs” or “no turning” sign or “one way” signs). If a driver violates a such sign posted on a private property, an a police officer observes it, can a driver be stopped and investigated for such violation? California Vehicle Code speeding sections (such as CVC 22350) apply the law of speeding to “highways”. Highways are defined in CVC 360 as, “…a way or place of whatever nature, publicly maintained and open to the use of the public for purpose of vehicular travel. Highway includes street.” Street is defined as ” a way or place of whatever nature, publicly maintained and open […]
DUI DEFENSE: UNLAWFUL ARREST
This article discusses one of several possible legal defenses for Los Angeles DUI: UNLAWFUL ARREST CONSENT IN ILLEGAL ARREST IN DUI DEFENSE RECENT CHANGES IN CONSENT IN ILLEGAL ARREST IN DUI DEFENSE ARGUMENT AGAINST ILLEGAL ARREST IN DUI DEFENSE We often see Los Angeles DUI attorneys litigate unlawful arrests in Los Angles DUI Defense cases. When such an unlawful arrest Los Angeles DUI case comes up, the evidence of the DUI can be suppressed and your DUI case can be dismissed. Below are a few cases to provide guidelines, legal analysis, and the court’s approach in ruling on motions to suppress evidence after an illegal arrest in DUI defense Los Angeles. CONSENT IN UNLAWFUL ARREST: DUI DEFENSE In 1970 Allan […]
Warrantless Blood Draw and Warrantless Entry Home
MISSOURI v. MCNEELY Subsequent to this court case, the CHP and other DUI police enforcement officers can get a warrant to draw blood if a DUI suspect refuses to submit to a blood draw or breath test. This warrant is known as McNeely Warrant. This case helps Los Angeles DUI Attorneys to defend warrantless blood draws. Now your Los Angeles DUI attorney can file a search and seizure motion when the officer forces a blood draw to get blood results suppressed and dismiss your Los Angles criminal case or Los Angeles DUI Case. In the Supreme Court case of Missouri v. McNeely, the court held that the elimination of alcohol in DUI drivers’ blood is not an exigent circumstance to […]