Los Angeles DUI Defense
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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November 27, 2015
Los Angeles DUI investigation usually consists of 3 parts. During the first part, the police observes the driving of the driver and note their observation for future police report. During the second part, the police observe how the driver does on voluntary field sobriety tests. During the third part, the police will take the driver to a station and take his breath or blood for alcohol testing. Here’s a structured, expanded version of the blog post with clear subtopics: What to Expect During a Los Angeles DUI Investigation If you are stopped on suspicion of driving under the influence in Los Angeles, it is crucial to understand the steps officers take during a DUI investigation. Law enforcement follows a structured […]
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November 24, 2015
Many police officers consider all traffic stops a DUI investigation. Thus, the second you are stopped in Los Angeles by a police officer, you are suspected of a DUI! This is more so after accidents in Los Angeles, Orange County, etc. For example, if you are stopped for not wearing a seatbelt, many police officers, CHP officers, or any other law enforcement officer, will note if you can be under the influence of alcohol or drugs. They are trained to detect any signs of alcohol consumption, such as open bottles, the smell of alcohol, and any other signs, such as red eyes and slurred speech. Drunk driving attorneys in Los Angeles specialize in defending people who are pulled over without […]
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November 23, 2015
After a DUI arrest in Los Angeles, DUI investigating officers (LAPD, CHP, the Sheriffs, or local police agency officers), are required to tell the arrested driver that he has to take a blood test or a breath test. The purpose of the test is to measure the alcohol in the bloodstream of the arrested driver. If it is a breath test, you can see the results right away. If it is a blood test, the results will not be available for several weeks. The blood test is considered to be more accurate than the breath test, and because the blood is kept by the police, Los Angeles drunk driving attorneys can retest the collected blood later. The breath sample used […]
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October 26, 2015
In this article, we will discuss DUI Blood Test Errors that are well known and can cause serious problems in Los Angeles DUI prosecutions. DUI Blood test is done when by police after a DUI arrest. If you are arrested, the police will tell you that you have to submit to a chemical test. Los Angeles DUI lawyers will help you fight your DUI case and show that a DUI blood test was not done correctly. The driver will be asked to choose to either do a blood test or the breath test when arrested for a DUI. Only if neither test is available, the police have to offer a urine test. Urine test is very unreliable compared to breath […]
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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, the DA will have to dismiss your case. If the stop is illegal, if won, the court will dismiss your DUI or dismiss your criminal case on their own motion. In California, Search and Seizure Rights (found in the 4th amendment […]
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September 20, 2015
Your Los Angeles Criminal Defense Attorney or Los Angeles DUI Attorney can help you get your DUI conviction thrown. One way to do it is based on California Penal Code section 1018. Los Angeles drunk driving attorney in our office will help you decide if you can win a motion to withdraw your guilty DUI plea. So call Los Angeles DUI and Criminal Defense attorney now to get helpful advice. PC 1018 California Penal Code section 1018 can be used for criminal cases that are not sentenced and for cases where the sentencing was less than 6 months ago. So, if it has been less than 6 months since you were placed on probation by the Court and you know […]
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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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August 18, 2015
When a driver is pulled over without a reason, he can get his DUI in Los Angeles dismissed by suppressing 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 […]
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April 19, 2015
This is a continuation of previous posts on field sobriety tests and how Los Angeles police agencies use it to form a very subjective opinion that a driver is under the influence of drugs or alcohol and therefore drives in violation of Vehicle Code section 23152(a) or 23152(b) (commonly known as DUI statutes). If during a traffic stop in Los Angeles, a police officer smells alcohol, a driver is likely to be detained for a DUI investigation. An investigation for a DUI in Los Angeles typically involves several field sobriety tests, most commonly: a horizontal-gaze-nastagmus (HGN), a romberg-balance, a one-leg-stand test (OLS), a walk-and-turn (WAT), and a preliminary-alcohol-screening breathalyzer test. Our typical recommendation to clients is not to submit to […]
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