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Does the Police Officer who wrote the “DUI Arrest Report” have to come to the DMV hearing to testify about what happened?
After being arrested for a DUI in Los Angeles, a police officer will issue a temporary driver’s license, write a DUI arrest report, write a citation to appear in court, and fill out a DS 367 DMV form. The DMV will rely on the DS-357 form to prosecute the driver at the DMV hearing. Most of the time, if the officer fills out the DS-357 form correctly, the DMV will not need the officer’s testimony and will not subpoena him or her for the Admin Per Se hearing. Also, after a recent case of CDLA v. DMV, the DMV rarely will subpoena police officers to avoid a conflict of interest perception. In that lawsuit, the Appellate court determined that the […]
What are my rights at a probation revocation hearing?
Often, violation of probations can result in more jail time than the plea bargain deal itself. Paris Hilton and Lindsey Logan were sentenced to jail not after pleading guilty but after being found in violation of probation. So, what is probation? Probation is a period during which a probationer has to abide by certain rules. In exchange for an easier sentence, the probationer can be ordered to: (1) do some jail, (2) do some community service, (3) do an alcohol education program and an alcohol deterrence class, (4) wear an alcohol monitor bracelet, (5) install an ignition interlock device in his or her car (6) ordered not to consume any alcohol (7) ordered to drive only with a valid driver’s […]
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?
Facing Two DUI Charges for One DUI Arrest in Los Angeles? Here’s What You Need to Know If you submitted to a breath or blood test and your BAC (Blood Alcohol Concentration) was above 0.08%, you will likely be charged with two separate DUI offenses under California law: California Vehicle Code §23152(a) – Driving under the influence (impaired driving) California Vehicle Code §23152(b) – Driving with a BAC of 0.08% or higher Although it may seem like you’re being punished twice for the same incident, the legal consequences of a conviction for either or both charges are exactly the same. Can You Be Convicted of Both DUI Charges in California? Yes, you can be convicted of both VC 23152(a) and […]
POINTS ON DRIVING RECORD AFTER DUI CONVICTION
How Many Points Go on Your Driving Record After a DUI Conviction in Los Angeles? A DUI conviction in Los Angeles, or anywhere in California, will result in 2 points being added to your driving record. These points are assigned under California Vehicle Code §12810(b). Once added, they remain on your DMV record for 5 years and will automatically fall off after that time. Los Angeles DUI Attorney will help you avoid points on your record even after a DUI arrest in Los Angeles. Can You Avoid DMV Points After a DUI Arrest in Los Angeles? Whether or not you can avoid points depends entirely on the facts of your case. An experienced Los Angeles DUI attorney will need to […]
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 Understanding DUI Arrests and the Importance of a Strong Defense A DUI arrest can be an overwhelming and frightening experience, especially for someone who has never had any prior contact with the criminal justice system. The consequences can affect your job, your driving privileges, your criminal record, and even your family life. Many individuals, unfamiliar with how to handle […]
How to Protect Yourself During a DUI Investigation – Advice from Los Angeles DUI Attorney
When a police officer suspects that a driver is under the influence of drugs or alcohol, they will conduct an investigation that may lead to a DUI arrest. Los Angeles DUI Attorney is here to explain how to protect yourself during a DUI investigation and minimize the risk of self-incrimination. Understanding the Officer’s Role in a DUI Stop A police officer who pulls you over may appear friendly, but remember—they are simply doing their job, which includes stopping drivers and investigating potential DUI offenses. Los Angeles DUI Attorney advises that you do not assist the officer in conducting their investigation. While officers have discretion and are not required to arrest every driver they stop, if they establish probable cause to […]