DUI Laws in California
March 5, 2012
Legality of a stop is an excellent way to attack a Los Angeles DUI. A skilled Los Angeles DUI lawyers in our law firm will help focus your defense on the legality of the stop. Such defense is developed through a motion to suppress the evidence of a stop based on the violation of the 4th amendment right against unreasonable search and seizure. If you are questioning legality of the stop, contact a DUI lawyer in Los Angeles to receive more information. Here, I address legality of a stop when the officer’s reason is “weaving within a lane”. A number of California Courts has found that “weaving” within a lane provides sufficient cause to conduct an investigatory stop. For example […]
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February 27, 2012
A driver who is arrested for a DUI and who does not have a valid California driver’s license will usually be also sited for a California Vehicle Code Section 12500. Occasionally, even when a driver is not arrested for a DUI in Los Angeles, police officers will site out-of-state drivers and drivers with foreign/international permits for a misdemeanor violation of California Vehicle Code 12500. In that case, hiring DUI lawyer in Los Angeles might be premature, but we can help you defend against other violations including California Vehicle Code Section 12500 which in relevant parts states: VC 12500. (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued […]
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February 12, 2012
High BAC level is one of the reasons a prosecutor might demand a higher punishment. The courts are also less lenient on the individuals who are drunk driving with a high BAC level. The reasons are clear, a high BAC level means the person is more impaired and therefore is more likely to cause a collision and injure an innocent person. For these reasons, high blood alcohol level is considered a factor in aggravation of a drunk driving case. However, often, the blood alcohol level is not reflective of an alcohol consumption pattern. Some defendants might be surprised when they are told that they have high BAC level, because they did not drink a lot of alcohol. Here, we are […]
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February 5, 2012
A DUI lawyer in Los Angeles can use science to attack the reliability of breath results. Some Los Angeles DUI lawyers have background in science, others learned enough from books and experts. The prosecutor, as part of his case, will use an expert to interpret the blood results and opine on the impairment. Defense can either attack the testimony of the People’s expert or/and can call its own expert who will opine that there is no impairment and/or that the alcohol level at the time of driving is below the statutory .08%. Short of calling your own expert, Los Angeles DWI lawyers need to know basic scientific articles discussing science behind alcohol impairment and level of alcohol in blood. Because […]
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January 30, 2012
Any DUI prosecution depends on blood or breath test results that will be used to prosecuted a DUI case. DUI test results then will be presented to the court as evidence of guilt. DUI lawyer Los Angeles knows how to defend against DUI test results and will prepare a defense of DUI test. Knowledgeable Los Angeles DUI lawyers can undermine results of a DUI test using scientific approach to DUI. Depending on the circumstances of a DUI arrest in Los Angeles, DUI test results can be very defensible. There are number of approaches that can be taken by drunk driving defense lawyer against both DUI blood test and DUI breath test. For example, Los Angeles DUI Attorney can question the […]
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July 1, 2011
A felony DUI, if charged in Los Angeles, is a very serious DUI case with a possible sentence in the California State prison. To avoid being sentenced to state prison, please contact Los Angeles DUI Attorney who handled many Los Angeles DUI cases including Los Angeles Felony DUI cases. A Los Angeles DUI felony means one of 3 things: That Los Angels DUI driver had more than 3 DUI cases within the past 10 years (counting arrrest date to arrest date); That he has a previous felony DUI within the past 10 years; Or that the Los Angeles DUI driver was arrested after an accident where someone was injured. Any DUI case can have serious consequences because of how it […]
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June 19, 2011
SUMMARY: Most DUI prosecutions also involve hearings under the Administrative Per Se laws with the DMV. The Admin Per Se prosecution is civil in nature and can not result in jail or fines but instead only results in a loss of the driving privilege through a suspension or revocation of the driver’s license. The court conviction in itself can have driver’s license consequences. Full analysis of the driver’s license consequence must include a discussion of both a DMV hearing defense and a defense of your DUI in court. Here, I explain the consequence of a second offense Los Angeles DUI arrest/conviction on the driver’s license. LENGTH OF SUSPENSION: A court conviction of a second-offense DUI in Los Angeles will result […]
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May 29, 2011
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 conflict of interest perception. In that lawsuit, the Appellate court determined that […]
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