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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 […]
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 […]