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California Vehicle Code 12500: Driving without a License
A driver who is arrested for a DUI and who does not have a valid California driver’s license will usually be also sited for a California Vehicle Code Section 12500. Occasionally, even when a driver is not arrested for a DUI in Los Angeles, police officers will site out-of-state drivers and drivers with foreign/international permits for a misdemeanor violation of California Vehicle Code 12500. In that case, hiring DUI lawyer in Los Angeles might be premature, but we can help you defend against other violations including California Vehicle Code Section 12500 which in relevant parts states: VC 12500. (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued […]
MISSING LICENSE PLATES POLICE STOP
Many Los Angeles DUI investigations start from a police traffic stop. The police can pull over a vehicle for a moving violation, such as speeding or weaving outside of a lane, or following too close. The police can even stop you for a non-moving violation, such as non-working light or missing license plate. Here, Los Angeles DUI Attorney discusses how to win your Los Angeles DUI case when you get pulled over because your car has only rear license plates. Not having front license plates can result in you being pulled over by Police in Los Angeles and culminate in a Los Angeles DUI arrest. MOTION FOR SEARCH AND SEIZURE: LOS ANGELE DUI If you are pulled over in Los […]
High BAC level without drinking a lot?!
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 […]
Los Angeles DUI: below .08% BAC
Usually, a person whose blood alcohol level chemical test results are below .08% alcohol by weight will not be prosecuted for a DUI in Los Angeles. This is different in Orange County, where many drivers are prosecuted for a DUI even if their results are below .08% BAC. It is of course, more likely that the under .08% BAC cases will be prosecuted as a DUI in Los Angeles when law enforcement has evidence of bad driving, accident, or impairment regardless of BAC results. For example, the prosecution for a VC 23152(a), a generic DUI, does not require any specific level of alcohol and can be used for prosecution of refusal DUI cases in Los Angles, low BAC DUI cases […]
Science For DUI Cases
A DUI lawyer in Los Angeles can use science to attack the reliability of breath results. Some Los Angeles DUI lawyers have background in science, others learned enough from books and experts. The prosecutor, as part of his case, will use an expert to interpret the blood results and opine on the impairment. Defense can either attack the testimony of the People’s expert or/and can call its own expert who will opine that there is no impairment and/or that the alcohol level at the time of driving is below the statutory .08%. Short of calling your own expert, Los Angeles DWI lawyers need to know basic scientific articles discussing science behind alcohol impairment and level of alcohol in blood. Because […]
DUI test: problems and results
Any DUI prosecution depends on blood or breath test results that will be used to prosecuted a DUI case. DUI test results then will be presented to the court as evidence of guilt. DUI lawyer Los Angeles knows how to defend against DUI test results and will prepare a defense of DUI test. Knowledgeable Los Angeles DUI lawyers can undermine results of a DUI test using scientific approach to DUI. Depending on the circumstances of a DUI arrest in Los Angeles, DUI test results can be very defensible. There are number of approaches that can be taken by drunk driving defense lawyer against both DUI blood test and DUI breath test. For example, Los Angeles DUI Attorney can question the […]
How To Win A DMV Hearing After a DUI Arrest
A person arrested for a DUI in Los Angeles or anywhere else in California has a right to a DMV hearing to show that the police stop or the arrest was not justified or that at the time of driving, the blood alcohol level was below .08% BAC. The “at the time of driving” is the most important part because the alcohol breath or blood test is usually done hours after the hearing and thus, they can be very different from the blood alcohol level if it was measured at the time of driving. Los Angeles DUI Attorney recommends that you contact a Los Angeles DUI lawyer to help you fight your DMV hearing or a DUI in Los Angeles. […]
DUI FELONY PROSECUTION
A felony DUI, if charged in Los Angeles, is a very serious DUI case with a possible sentence in the California State prison. To avoid being sentenced to state prison, please contact Los Angeles DUI Attorney who handled many Los Angeles DUI cases including Los Angeles Felony DUI cases. A Los Angeles DUI felony means one of 3 things: That Los Angels DUI driver had more than 3 DUI cases within the past 10 years (counting arrrest date to arrest date); That he has a previous felony DUI within the past 10 years; Or that the Los Angeles DUI driver was arrested after an accident where someone was injured. Any DUI case can have serious consequences because of how it […]
Requesting a Continuance from the DMV at an APS hearing after a DUI arrest in Los Angeles
SUMMARY: Once an APS hearing is scheduled, a Los Angeles DMV hearing officer is appointed and all decisions about continuances are up to him or her. A request for a continuance has to be put in writing and faxed to the DMV as soon as a reason for the continuance is learned. For example, if a necessary witness is not available to testify for the hearing, a request to continue the hearing should be faxed to the hearing officer stating that (1) a necessary witness is not available on the day of the hearing and (2) the respondent only learned about the unavailability recently. THE LAW: The APS hearings are authorized and governed by Vehicle Code Sections 13558 and 14100-14111. […]
How long is the Driver’s License Suspension after 2nd offense DUI in Los Angeles?
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 a discussion of both a DMV hearing defense and a defense of your DUI in court. 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 a second-offense DUI in Los Angeles will result […]