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Alcohol Blood Test Consent in DUI Cases
California is not unique in having “implied consent law”, which is found in California Vehicle Code section 23612. The “implied consent law” requires drivers to submit to a chemical test upon arrest for Drunk Driving in Los Angeles. Many police agencies in California, including CHP, enforce “implied consent laws” by either threatening drivers with harsher punishment if they refuse to submit to a chemical test or by forcing Alcohol Blood Test (a very common practice in Orange County for instance). Once DUI defense attorney raises a 4th amendment issue, by alleging that the search was warrantless and therefore presumptively illegal, the burden shifts to the prosecution to show an exception to the search warrant requirement. Without a doubt, in most DUI cases […]
Requirements for Search After Arrest in Los Angeles
In 1965 3 Santa Ana police officers came to the home of Mr. Chimel with an arrest warrant for his arrest. He was at work. His wife let the police officers in and after about 15 minutes of waiting, Mr. Chimel got home and was arrested. After arresting Mr. Chimel in his home, the police officers did not leave but proceeded to Search After Arrest Mr. Chimel’s house without his consent. During the Search After Arrest, the police officers found evidence that was used to convict Mr. Chimel in Orange County Superior Court. Mr. Chimel appealed his conviction, but both, the California Court of Appeals and the California Supreme Court denied his appeal, holding that the Search After Arrest of Mr. […]
On consent to DUI chemical test in Los Angeles
This is a little technical post but very helpful in some Los Angles DUI cases. Every single DUI arrest in Los Angeles (and the rest of California) involves an eventual request to consent to DUI chemical test. Los Angeles Police officers (and peace officers of other agencies), after arresting a driver suspected of drunk driving, will tell a driver that he has to submit to DUI chemical test of his blood test or breath test. In other words, they are asking the driver to consent to search of his body for evidence of crime! This is a search and seizure (AKA 4th amendment) issue that can and need to be litigated. Why? Because not all consents are valid! US Supreme Court […]
Pulled over for Weaving (aka Swerving) and Arrested for a DUI in Los Angeles?
In this article Los Angeles DUI Defense Lawyer discusses Pulled over for Weaving and Arrested for a DUI in Los Angeles. Click on the links below to go directly to your topic of interest. CVC 21658(a) STOP AND ARREST FOR A DUI AFTER WEAVING MOTION TO SUPPRESS EVIDENCE IF YOU ARE PULLED OVER FOR WEAVING ONE OF MOST RECENT HELPFUL CASES FOR “PULLED OVER FOR WEAVING” CVC 21658(a) STOP AND ARREST FOR A DUI AFTER WEAVING Many DUI cases start from a violation of a traffic law where police can pull you over after observing a violation of the California Vehicle Code. Legally, observing any violation of the California Vehicle Code is a sufficient reason to conduct a traffic stop. If […]
Felony to Misdemeanor Reduction in GBI DUI Cases in Los Angeles
A DUI can be charged as a felony or misdemeanor depending on the facts of your DUI. Los Angeles DUI attorney can help defend your felony DUI case and often get felony to misdemeanor reduction. The felony to misdemeanor reduction will help you avoid a felony record if you are charged with a felony DUI in Los Angeles. When a DUI driver causes an accident and injures another person, he can be charged with a felony DUI. When injuries are severe, the prosecutor can allege a special allegation, pursuant to a Penal Code section 12022.7, that will make that DUI, a violent strike in California. A strike is a special kind of crime that will be treated more severely now […]
On Conflicting Evidence in Evidentiary Motions during DUI Prosecutions in Los Angeles.
It is often said that courts will believe police officers over defendants or defendant’s witnesses. That is true in any criminal cases in Los Angeles, including DUI prosecutions. The typical reason provided for the courts viewing of officers as more credible – is police’s supposed lack of interest in the outcome of the case (a ludicrous rational because police officer do care about the outcome of the case even in TV shows like Law and Order). The true reason for giving more weight to officer’s credibility is the design of the criminal justice system which is primarily based on the first hand observations of its police officers. Simply, the criminal justice system would collapse if the courts would not give […]
Wanted Flyer as a basis for investigatory detention for a DUI in Los Angeles
On occasion a police officer will write in his police report that the reason he initiated an enforcement stop is based on a dispatch call that a car matching the description of the stopped car was reported stolen or involved in a crime. More often then not, once a police officer makes contact with the driver, he will verify that the car is not the car from the dispatch call. Yet, once the police officer makes contact with the driver, if he notices any “objective signs of intoxication”, he will commence a DUI investigation that can often culminate in a DUI arrest. So, what can a person arrested for a DUI do in a situation like that? (aside from requesting […]
When Should You Not Hire An Attorney To Defend a DUI Case
Most DUI arrests in Los Angles can be defended using legal or scientific arguments. Our skilled DUI attorneys will help you defend your DUI case in Los Angeles county (or in some case in neighboring counties). Guilt of a DUI driver in Los Angles (and the rest of the state and country) is based on what the government can prove. Intoxication, after all, is highly subjective! Yes, there are cases that are difficult to defend. On the other hand, there are cases that are extremely easy to defend. Yet, many fall in the middle. Please call our office directly at (323) 464-6424 to talk to an attorney specializing in drunk driving defense for a free consultation. You can tell us […]
DUI Punishment – Can a Defendant Be Sentenced for Both (a) and (b) count of 23152?
Most DUI prosecutions in Los Angeles start with a DUI arrest when the arrested person is often cited for California Vehicle Code section 23152(a) or for both California Vehicle Code section 23152(a) and California Vehicle Code section 23152(b). If a driver is not cited for CVC 23152(b), his blood alcohol concentration is either below 0.08% or is not available, such is the case with blood tests or refusals to submit to a chemical test. If and when the results become available, the prosecutor will likely charge both a California Vehicle Code section 23152(a) and a California Vehicle Code section 23152(b). In a case that proceeds to trial, the prosecutor will attempt to prove that the defendant is guilty of […]
DUI In Los Angeles: Tinted Windows Stop
I am addressing a limited question – legality of your traffic stop when you were arrested after a tinted windows DUI stop. A cop pulls you over – approaches driver’s side – looks at you – smells alcohol. Next scene, you are in the back of the police car on your way to some sheriff’s station or local jail because that cop realized you were drinking. If your blood or breath test comes back above 0.08% of alcohol by weight in blood – your are facing DUI charges. You will be asking yourself a question: why were you pulled over? Many cops believe that all tinting is illegal. That is simply not true. If you were pulled over […]