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DUI Arrests and Miranda Rights: What You Need to Know
THE LAW: After 1966 United States Supreme Court’s decision in Miranda v. Arizona, police officers can not question a suspect if he invokes Miranda rights. If Miranda rights are violated, the statements made to police officers are not admissible. But, Miranda applies only to “custodial interrogation”; that is, if the suspect is not in custody or otherwise is not deprived of his freedom in any significant way, Miranda does not apply. Also, Miranda does not apply if the suspect makes statements not in response to questions. APPLICATION: The Miranda prevents questioning by police officers once suspect is “deprived of his freedom”. But, Miranda does not mean that police officer can not get confession/admission from the driver/suspect prior to “depriving him/her of […]
I got arrested for a DUI in Los Angeles, but my car was parked. Do I have a defense?
You actually do have a great defense in your DUI case. However, you will need the help of an experienced attorney to convince the prosecutor to offer favorable disposition or to dismiss the case all together. Several factors will influence the negotiation with the prosecutor. Here are the examples of factors that need to be considered during the negotiation: (1) blood alcohol level, (2) condition of the driver, (3) control over the vehicle, (4) location of the parked vehicle. Lets discuss each factor individually. 1. Blood Alcohol Level: the higher the blood alcohol level, the harder it is to get a favorable disposition. Clearly, a driver with a .08 BAC deserve a little break when compared to a driver with […]
Vehicle Code 23612 (i): Refusing a PAS Test
Vehicle Code 23612 (i) If the officer decides to use a preliminary alcohol screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test,as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the […]
DUI in Los Angeles: Sobriety Check-Point. What Are My Chances Dismissing The DUI?
GENERALLY SPEAKING: Without knowing more, it is hard to say how defensible is your case. One thing is certain, unlike a DUI arrest where a police officer observed you violate some traffic law, you might be in a better position to fight your DUI by filing a motion to suppress the evidence. A motion to suppress is commonly referred to as a “1538.5 motion” and is based on the California Penal Code Section 1538.5. The reason you have a better fighting chance after a DUI arrest at a sobriety checkpoint is that the law on the sobriety check-point setup is very technical, making it easier to mess up with sloppy police work. There are at least 8 distinct ways police […]
I got arrested for a DUI in Los Angeles and was charged with 2 counts (a) and (b)? What does it mean?
CONSEQUENCES: Most people who submit to either blood or breath test and test above .08% BAC will be charged with two separate crimes, a violation of California Vehicle Code 23152(a) and a violation of California Vehicle Code 23152(b). The consequences of being convicted of both crimes are exactly the same as the consequences of being convicted of either one. California law specifically does not allow punishing the same conduct more then once even when that same conduct can be charged as two separate crimes. (California Penal Code Section 654). Some jurisdictions will want conviction for both counts (Orange County), while other jurisdictions will not mind conviction for only one either count. If your court wants a plea to both crimes, […]
POINTS ON DRIVING RECORD AFTER DUI CONVICTION
HOW MANY POINTS ON DRIVING RECORD GOES AFTER DUI CONVICTION IN LOS ANGELES? A DUI conviction in Los Angeles, or anywhere else in California, will add 2 points on driving record. The points are counted pursuant to California VC 12810(b). The points will remain on record for 5 years and will clear off the record on its own after the passage of time. IS THERE A WAY TO AVOID POINTS ON DRIVING RECORD AFTER A DUI ARREST? It will depend on the facts of your case. Attorney DUI Los Angeles will need to study and evaluate your case. If Los Angeles DUI lawyer can find problems with your case, he will attempt to negotiate a deal that does not carry points. […]
Wet Reckless Conviction in Los Angeles
In this article Los Angeles DUI Defense Lawyer discusses Wet Reckless Conviction in Los Angeles. Click on the links below to go directly to your topic of interest. WET RECKLESS LEGAL BASIS WET RECKLESS CONVICTION – AVOIDS JAIL TIME WET RECKLESS CONVICTION – AVOIDS LICENSE SUSPENSION WET RECKLESS CONVICTION – AVOID IID WET RECKLESS CONVICTION – BETTER RECORD WET RECKLESS AND PRIORABILITY DUI arrest is a very scary experience for anyone because of its potential consequences on your job, your record and even your family. Most people who are arrested for DUI have never been in a situation of an arrest and investigation and will often act in a way that will not help their case. Instead, a person who is […]
How to Protect yourself during a DUI investigation
When a police officer suspects that a driver is under the influence of drugs or alcohol, he or she will conduct an investigation that can culminate in a DUI arrest. Here, I am will attempt to explain how to protect yourself during a DUI investigation. A police officer who pulls you over might appear friendly, but he is on his job, which includes pulling people over and investigating them for DUI. DUI attorney Los Angeles recommends that you do not help the police officer conduct his investigation. Part of his job involves investigation of various crimes and citing drivers for traffic violation. A police officer does have discretion and does not have to arrest you unless he suspects that you […]
Drunk Driving Fatalities
How often do you hear that more needs to be done to fight DUI and Drunk Driving Fatalities? How terrible it is to hear that someone was injured or killed by a drunk driver! Let’s be clear, I am a Los Angeles DUI attorney, whose job is to fight for the drivers accused of a DUI, and I believe that most DUIs can be fought. I believe that machines are faulty, the chemical tests are unreliable, we are all different and are responding to alcohol differently. I believe that many DUI cases an be won – if not through motions, then at trial. Often my job involves damage control where I play down the facts of a horrible DUI by […]