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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 […]
The Political Nature of DUI Prosecutions in Los Angeles
How often do you hear that more needs to be done to fight DUI and drunk driving fatalities? The media constantly highlights tragic accidents involving intoxicated drivers, and understandably, it’s heartbreaking when someone is injured or killed. As a Los Angeles DUI attorney, my job is to defend drivers accused of DUI. I firmly believe that most DUI cases can be fought—and won. Breathalyzers and chemical tests are not infallible; the science behind blood alcohol content (BAC) measurement is flawed, and people react differently to alcohol. Many DUI cases can be dismissed, whether through motions or at trial. However, in many cases, my role becomes damage control, where I present mitigating factors—such as depression, psychological conditions, addiction, or simply bad […]