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Driving with 0.01 percent blood alcohol content or higher in blood while on DUI Probation
This post applies to offenses in Los Angeles County (as well as other AB 91 counties, to wit, Contra Costa, Alameda, Tulare). As often the case, a person placed on a DUI probation is ordered not to have any measurable amount of alcohol in his blood while driving. Having even a 0.01 percent of alcohol in one’s blood can potentially create two problems. First, it is a ground for a probation violation where the court can impose any jail time up to the maximum for the substantive case. Secondly, if the citing officer notifies the DMV, the DMV can suspend driver’s license under administrative 0.01 procedure. The consequences for a 0.01% administrative finding is one year of license suspension without […]
Introduction of the 3rd digit of Chemical Tests Results in DUI Prosecution in Los Angeles (and elsewhere)
Often the chemical test blood alcohol level results in the police reports are reported to the third digit (e.g. instead of reporting the results to be 0.08%, it is reported as 0.089%). This can be important for defending Los Angeles DUI because of the human tendency to round off the results to the next closest round digit. That means that when the third digit is more than .05, the jurors, upon hearing it, will have a more difficult time accepting a lower number than they would, had the results been less than .05. It, therefore, often does not benefit the defendants to have the 3rd digit of the breath test results to be used in a criminal prosecution such as […]
Los Angeles DUI Defense: Non-Testifying Witness
During a Los Angeles DUI trial, usually, the testimony must be live. This means that since the DA has the burden of proving a case, witnesses must come in person to testify regarding all elements of a crime. There is an exception for live testimony of witnesses at the preliminary hearings. A preliminary hearing is a probable cause hearing (see California Penal Code section 866(b)) during which the magistrate has to determine if a “probable cause” exists to have a trial. Unlike a trial, at the preliminary hearing, the defense does not have a right to present defense unless it gives the judge an “offer of proof”. However, unlike a trial, at a preliminary hearing, such as a felony DUI […]
DREAM Act and DUI (the Deferred Action for Childhood Arrivals Program)
If you have an open DUI case in Los Angeles and can qualify for this program, here is some information to consider before pleading guilty to a DUI in Los Angeles. As you might know, under recent President Obama’s executive order, USCIS permits young undocumented immigrants to apply for “deferred action”, a possible path to U.S. Citizenship. Under this federal program, an applicant’s deportation (if he is in one) will be stopped and he will receive a work permit. To qualify for deferred action, the applicant must meet the following requirements: Must be under 31 as of June 15, 2012; Must be in the United States before turning 16; Must continuously reside in the United States since June 15, 2007 […]
Evidence: DMV records usage by the prosecution.
PRIOR CRIMINAL RECORD AT A CRIMINAL TRIAL Here Attorney DUI Los Angeles discusses problems that Los Angeles Drunk Driving Attorneys often face at trials. A Los Angeles DUI prior or any other prior DUI is often proven by the District Attorney or Los Angeles City Attorney using a certified DMV paper record showing your previous conviction. A DMV printout with a driving record can be used by the DA’s office to show not only your previous convictions but also the service of suspensions, i.e., that the person knew of the suspension. A prior is a serious aggravating factor and sometimes a separate charge in DUI prosecutions. For Driving on a Suspended License prosecution, which is found in California Vehicle Code […]
DUI: Vehicle Control v. Vehicle Moving
Occasionally, overzealous police officers arrest persons who were not driving a vehicle, but instead were in control of a vehicle. You will need the help of a Los Angeles DWI lawyers to address legality of such arrest and prosecution. The issue of driver just seated in the vehicle while the vehicle is stopped is not addressed in this article. Instead, I am addressing the issue of a moving vehicle where the arrested person was not driving it. I am familiar with two cases from the California Court of Appeals discussing control v. driving of the vehicles. If your case involves issues of control v. driving you will need to contact DUI Lawer in Los Angeles within 10 days of arrest […]
How to get a continuance for a DMV hearing.
Get a Continuance DMV Hearing
Is weaving within a lane is a sufficient cause to pull over?
Legality of a stop is an excellent way to attack a Los Angeles DUI. A skilled Los Angeles DUI lawyers in our law firm will help focus your defense on the legality of the stop. Such defense is developed through a motion to suppress the evidence of a stop based on the violation of the 4th amendment right against unreasonable search and seizure. If you are questioning legality of the stop, contact a DUI lawyer in Los Angeles to receive more information. Here, I address legality of a stop when the officer’s reason is “weaving within a lane”. A number of California Courts has found that “weaving” within a lane provides sufficient cause to conduct an investigatory stop. For example […]
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 […]