DUI Laws in California

Penal Code 1538.5: Unreasonable Search & Seizure

December 2, 2015

One of the best ways to win your case without going to trial is to win a search and seizure motion.  Search and seizure motion in California is known as motion under PC 1538.5. California Penal Code section 1538.5 does not allow police to search you or your car without a good reason. →When the police does not have a good reason to stop you – you have an “unreasonable search”, which is a violation of the 4th amendment to the U.S. constitution, California Constitution and California Penal Code statute 1538.5.  In a situation like this, you must file a motion to suppress the evidence that the police is trying to use at trial to prove that you are guilty.  […]

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Defending a DUI in Los Angeles: section 23152 (a) and/or 23152 (b)

November 28, 2015

A driver arrested for a DUI in Los Angeles can be charged with a violation of California Vehicle Code section 23152 (a) and/or section 23152 (b). A violation of California Vehicle Code section 23152 (b) occurs when a driver is over the legal limit. The legal limit is defined as .08% alcohol in blood.  In proving that the driver is over the legal limit, the government will attempt to measure your blood alcohol level within 3 hours of driving.  To make the prosecutor’s job easier, the driver who is arrested for a DUI is required by law to submit to a chemical test of his blood or breath.  In this situation, defending a DUI in Los Angeles must be based on […]

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SEARCH AND SEIZURE LAWS IN CALIFORNIA

October 22, 2015

This article discusses SEARCH AND SEIZURE LAWS.  Click on the links below to go directly to your topic of interest. SEARCH AND SEIZURE DEFINITION SEARCH AND SEIZURE CASES UNREASONABLE SEARCHES AND SEIZURES ILLEGAL SEARCH AND SEIZURE SEARCH AND SEIZURE OF VEHICLES SEARCH AND SEIZURE: GENERALLY A search and seizure motion is one of the most important ways to defend a criminal case Los Angeles Superior Court.  If won, the court will throw out the evidence against you.  Without evidence, DA will have to dismiss your case. In California, Search and Seizure Rights (found in the 4th amendment to the US Constitution) are codified in the Penal Code Sections 1538.5.  The 4th Amendment gives us the right to be free from […]

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Prosecution in Los Angeles for Exhibition of Speed or Speed Contest (VC 23109)

August 30, 2015

Do screeching tires violate the law? Do you need an attorney who can defend you in a speed contest or exhibition of speed prosecution?  Los Angeles DUI Attorney can help. Los Angeles DUI Attorney specializes in DUI, criminal and “traffic” cases throughout Los Angeles county.  Los Angles DUI attorneys will represent you in court to the best of our abilities, fighting to get a dismissal of all charges or to get a result that you will like.  We also offer extensive motion and trial practice where our attorneys will convince the court or the jury that your criminal or traffic case should be thrown out of the court or that you should get acquitted by court or jury of all […]

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Bench Warrant DUI. Tips on Handling and Getting Dismissals

August 26, 2015

Tips on Handling (and Getting Dismissals For) Some DUI Cases in a Bench Warrant  DUI Status (Serna Motions) When a defendant fails to appear in court after he was cited to appear by the arresting officer or fails to appear after a court order, the court may issue a warrant for arrest of the defendant.  Having a Bench Warrant DUI for an arrest can be very stressful and dangerous because any contact with a police officer can end up with a defendant being arrested.  Many DUI cases in Los Angeles result in bench warrants simply because DUI defendants who are cited out forget to appear in court.  Part of our Los Angeles DUI attorney practice is to handle cases in […]

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DUI Defense: stop for not showing a turning signal

August 18, 2015

When a driver is pulled over without a reason, he can suppress the evidence obtained against him, including results of his blood or breath test, in a search and seizure motion pursuant to Penal Code Section 1538.5  and the Fourth Amendment. The police are allowed to pull over a driver only based on a violation of the Vehicle Code or some other law. (See People v. Durazo 124 Cal App 4th 728). If you were pulled over in Los Angeles because you failed to signal a turn and later arrested for a DUI, your DUI case can be fought based on a recent Court of Appeal decision. A recent Court of Appeal decision disallows the police to pull over drivers […]

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How the Court Calculates DUI Fines in Los Angeles

March 17, 2015

A typical DUI fine in Los Angeles is $390 plus Penalty Assessments. The penalty assessments however, is the majority of the fine. Simply, the government adds 12 different additional fees ranging from $1 for every $10 of fine to $100 for every misdemeanor conviction. Those additions usually increase fines for a DUI conviction in Los Angeles to approximately $1,790; a huge difference from the $390 base fine. The fine structure is not unique for Driving Under the Influence conviction. A conviction for running a red light, a $50 base fine, will be at least $225. Here is the breakdown of the fines by statutes. PC 1464 adds $10 for every $10 of a base fine for every criminal offense,state penalty. GC […]

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Requirements for Search After Arrest in Los Angeles

April 3, 2014

In 1965 3 Santa Ana police officers came to home of Mr. Chimel with an arrest warrant for his arrest.  He was at work.  His wife let the police officers in and after about 15 minutes of waiting, Mr. Chimel got home and was arrested.  After arresting Mr. Chimel in his home, the police officers did not leave, but proceeded to Search After Arrest Mr. Chimel’s house without his consent.  During the Search After Arrest the police officers found evidence that was used to convict Mr. Chimel in Orange County Superior Court.  Mr. Chimel appealed his conviction, but both, the California Court of Appeals and the California Supreme Court denied his appeal, holding that Search After Arrest of Mr. Chimel’s house […]

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Pulled over for Weaving (aka Swerving) and Arrested for a DUI in Los Angeles?

February 27, 2014

In this article Los Angeles DUI Defense Lawyer discusses Pulled over for Weaving and Arrested for a DUI in Los Angeles.  Click on the links below to go directly to your topic of interest. CVC 21658(a) STOP AND ARREST FOR A DUI AFTER WEAVING MOTION TO SUPPRESS EVIDENCE IF YOU ARE PULLED OVER FOR WEAVING ONE OF MOST RECENT HELPFUL CASES FOR “PULLED OVER FOR WEAVING” CVC 21658(a) STOP AND ARREST FOR A DUI AFTER WEAVING Many DUI cases start from a violation of a traffic law where police can pull you over after observing a violation of the California Vehicle Code.  Legally, observing any violation of the California Vehicle Code is a sufficient reason to conduct a traffic stop.  If […]

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DUI Punishment – Can a Defendant Be Sentenced for Both (a) and (b) count of 23152?

July 18, 2013

Most DUI prosecutions in Los Angeles start with a DUI arrest when the arrested person is often cited for California Vehicle Code section 23152(a) or for both California Vehicle Code section 23152(a) and California Vehicle Code section 23152(b).   If a driver is not cited for CVC 23152(b), his blood alcohol concentration is either below 0.08% or is not available, such is the case with blood tests or refusals to submit to a chemical test. If and when the results become available, the prosecutor will likely charge both a California Vehicle Code section 23152(a) and a California Vehicle Code section 23152(b).  In a case that proceeds to trial, the prosecutor will attempt to prove that the defendant is guilty of […]

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