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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 […]
“Lawful coercion” – when not explained consequences of refusal
In Bumper v. North Carolina 391 U.S 542 (1968), the Supreme Court ruled that consent is not valid (i.e. no consent) when official conducting the search informed the owner of house that he possesses a warrant and then asked for consent. The argument of USSC based on claim of coercion – they called it “lawful coercion“. In determining whether a criminal defendant was convicted “according to law,” the test is not and cannot be simply whether this Court finds credible the evidence against him. Crediting or discrediting evidence is the function of the trier of fact, in this case a jury. The jury’s verdict is a lawful verdict, however, only if it is based upon evidence constitutionally admissible. When it is […]
Dismiss Los Angles DUI – Lack of Arrest (People v. Hawkins)
On June 21, 1970, Allan Hawkins ran a stop-sign and hit another car, killing his passenger and injuring a person in that other car. (People v. Superior Court (Hawkins) 6 Cal 3d 757 (1972). CHP took a vial of Hawkins’ blood from the hospital (to which he was taken to by an ambulance). But CHP never arrested Allan Hawkins. Once authorities obtained results of the blood test, Hawkins was charged with felony drunk driving and felony vehicular manslaughter. Hawkins’ lawyer filed a motion to suppress his blood test results based on (1) Hawkins’ consent was not given freely and voluntarily and (2) no exception to warrantless search of Hawkins. The second argument needs a little explaining: The government […]
DUI DEFENSE: DUI ABSORPTION RATE
In the United States, a DUI is considered a very serious offense. In 1980th, approximately 25,000 people died in DUI accidents per year. Since then, the states put a lot of effort into prosecuting DUI drivers. By 2014, the number of death from DUI-related accidents dropped to just below 10,000 people per year. While this is still a large number, the tough stance on DUI offenses appears to be paying off. The total number of people arrested for drunk driving in the United States is over 1 million arrests per year. The prosecution all over the United States and California is extremely tough on DUI cases, often prosecuting borderline cases – that is, cases that if not a DUI, would […]