Drunk Driving Arrest In Los Angeles
September 20, 2015
You can petition the court for a withdrawal of guilty DUI plea when there are really good reasons. One such good reason is found in California Penal Code section 1018. Los Angeles drunk driving attorneys, such as lawyers in our offices, will help you decide if you can file a motion for withdrawal of guilty DUI plea. California Penal Code section 1018 is used for cases that are not sentenced yet or for cases where you were given probation less then 6 month ago. If you are within 6 month since being placed on probation by the Superior Court and think that your guilty plea was a result of mistake, please call our Los Angeles DUI attorneys for a free […]
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February 18, 2015
BODY ALCOHOL EFFECTS are be different from person to person. Some people are effected by alcohol very quickly and some are not. Some people are affected by alcohol slightly and some are impaired after only one drink. The difference in alcohol effects can be attributed to variation in human physiology. In a DUI case you need an expert DUI attorney who will help you determine how your body is affected by alcohol because your Los Angeles DUI defense might depend on it. Here we discuss one enzyme that affects alcohol metabolism in a human body. An enzyme that is commonly present in stomach and liver, Alcohol Dehydrogenase (ADH), is responsible for alcohol metabolism. ADH body alcohol effects are such that […]
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February 15, 2015
Alcohol is probably the most abused substance in the world. Millions of Americans are dealing with this problem with up to 10% of alcohol users being alcohol-dependent. Some research indicate there are 3 times as many males as females who are alcohol depended. A lot more users are under 45 years of age, apparently a critical age, with most of the death from alcohol abuse falling below 45 years mark. More people in the 15-45 age group die from alcohol misuse then from any other cause, with an estimated yearly figure for all age groups in the 200,000 range. A third of suicide and half of traffic death are connected to alcohol use by people in this age category. Also, the […]
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May 30, 2014
When a police officer influences a person to consent to a search, the consent is not valid. Such influence can be called “implied coercion”, and if it does, the court will throw out the results of a search. Search in DUI cases usually means obtaining blood or breath results after Los Angeles DUI arrest. If the court throws out the results of a blood test, the prosecutor will likely dismiss the DUI case because it is very hard to prosecute a DUI without blood alcohol results. In a federal case called Bumper v. North Carolina (391 US 543), police officers came inside a house by holding some papers in front of a defendant’s mother and telling her that they have […]
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May 26, 2014
The most important piece of evidence in a DUI is the blood alcohol level of the arrested person. Most DUI will be prosecuted when the blood alcohol level is above .08% BAC. High blood alcohol level DUI are harder to defend because not only prosecutors are less willing to reduce DUI to a lesser charge or dismiss it altogether, but also because high blood alcohol level DUI can involve harsher punishments if there is a conviction. Los Angeles DUI lawyer have years of experience defending high blood alcohol level DUI in Los Angeles and will fight your case no matter how terrible you think your case is. During a DUI trial, a prosecutor needs to establish that at the time […]
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May 15, 2014
Some parking lots have sign limiting speed or regulating “stop and go” of traffic (such as “stop signs” or “no turning” sign or “one way” signs). If a driver violates a such sign posted on a private property, an a police officer observes it, can a driver be stopped and investigated for such violation? California Vehicle Code speeding sections (such as CVC 22350) apply the law of speeding to “highways”. Highways are defined in CVC 360 as, “…a way or place of whatever nature, publicly maintained and open to the use of the public for purpose of vehicular travel. Highway includes street.” Street is defined as ” a way or place of whatever nature, publicly maintained and open […]
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May 10, 2014
This article discusses one of several possible legal defenses for DUI: UNLAWFUL ARREST CONSENT IN ILLEGAL ARREST IN DUI DEFENSE RECENT CHANGES IN CONSENT IN ILLEGAL ARREST IN DUI DEFENSE ARGUMENT AGAINST ILLEGAL ARREST IN DUI DEFENSE Often a DUI attorney have to litigate an unlawful arrest in DUI Defense cases. When an unlawful arrest in DUI Defense comes up, the evidence of the DUI can suppressed and your DUI case can be dismissed. Below are few cases to provide guideline to the legal analysis and the court’s approach in ruling on motions to suppress illegal arrest in DUI defense practice. CONSENT IN UNLAWFUL ARREST IN DUI DEFENSE In 1970 Allan Hawkins ran a stop sign and caused a collision in Kern […]
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March 15, 2014
This is a little technical post but very helpful in some Los Angles DUI cases. Every single DUI arrest in Los Angeles (and the rest of California) involves an eventual request to consent to DUI chemical test. Los Angeles Police officers (and peace officers of other agencies), after arresting a driver suspected of drunk driving, will tell a driver that he has to submit to DUI chemical test of his blood test or breath test. In other words, they are asking the driver to consent to search of his body for evidence of crime! This is a search and seizure (AKA 4th amendment) issue that can and need to be litigated. Why? Because not all consents are valid! US Supreme Court […]
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January 27, 2014
It is often said that courts will believe police officers over defendants or defendant’s witnesses. That is true in any criminal cases in Los Angeles, including DUI prosecutions. The typical reason provided for the courts viewing of officers as more credible – is police’s supposed lack of interest in the outcome of the case (a ludicrous rational because police officer do care about the outcome of the case even in TV shows like Law and Order). The true reason for giving more weight to officer’s credibility is the design of the criminal justice system which is primarily based on the first hand observations of its police officers. Simply, the criminal justice system would collapse if the courts would not give […]
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July 17, 2013
I am addressing a limited question – legality of your traffic stop when you were arrested after a tinted windows DUI stop. A cop pulls you over – approaches driver’s side – looks at you – smells alcohol. Next scene, you are in the back of the police car on your way to some sheriff’s station or local jail because that cop realized you were drinking. If your blood or breath test comes back above 0.08% of alcohol by weight in blood – your are facing DUI charges. You will be asking yourself a question: why were you pulled over? Many cops believe that all tinting is illegal. That is simply not true. If you were pulled over […]
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