Los Angeles DUI Defense
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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February 5, 2015
Typically, any DUI conviction or an adverse finding by the DMV at an APS hearing will result in a loss of driver’s license. Short of pleading to a reduced charge (a wet reckless or a dry reckless) and getting a set aside at the Admin Per Se hearing, the driver’s license will be lost for a period depending on number of priors. An attorney can negotiate a DUI plea that will result in no loss of license. Under a 1992 decision from the Court of Appeals, a plea to a VC 23152(a) and an explicit finding of not guilty on VC 23152(b) will result in set aside from the DMV and a no-loss of license to the driver. Around 1992, Mark […]
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August 5, 2014
“No driving defense” is One of common defenses for driving under the influences. It is typically used in cases where the police did not not observe driving (such is a common case in DUI prosecutions that involve an accident). A recent case in my practice involve an arrest of an extremely intoxicated Spanish speaking gentleman who was found next to his crashed car. No one observed the accident, however, there is an apparent confession by the client (who incidentally does not remember confessing). Eventhough client denied driving, his story was somewhat improbable and I knew that Los Angeles City Attorney could not be convinced by my client’s statement. To convince the prosecutor that my client was not the […]
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June 2, 2014
A history of DUI Breathalyzer device, commonly used by law enforcement to prosecute DUI cases in Los Angeles, can be traced to early 1900s, when it was first noted that alcohol level on breath of impaired individuals is correlated to the alcohol level in blood. The ratio of correlation is now assumed to be a constant and equivalent to 2,100. However, the science development in recent years put into question the reliability of DUI breathalyzer because the correlation of blood alcohol level to breath alcohol level is not constant between different individuals and it also can vary in same person from day to day or hour to hour. Since the first DUI breathalyzer was used by law enforcement in 1938 in […]
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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 cases are harder to defend because not only the prosecutors are less willing to reduce a 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 many 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. Often, Los Angeles DUI attorneys can defeat a DUI […]
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May 24, 2014
It is illegal to drive under the influence of alcohol or marijuana. A Marijuana (stoned) driving can be prosecuted under California Vehicle Code section 23152(f). A driver cannot smoke marijuana while driving a car and a passenger cannot smoke marijuana while riding in a car (Health and Safety Code section 11362.3(a)(7) and (8). It is also illegal to possess an open container of Marijuana (HS 11362.3(a)(4)). However, Los Angeled DUI Attorney experienced that The Los Angeles City Attorney Office and the Los Angeles County District Attorney Office do prosecute Marijuana DUIs with less vigor then they do alcohol-related DUIs. If you are arrested for a Marijuana DUI, please call our office at (818) 921 7744 to talk to the Los […]
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May 9, 2014
MISSOURI v. MCNEELY Subsequent to this court case, the CHP and other DUI police enforcement officers can get a warrant to draw blood if a DUI suspect refuses to submit to a blood draw or breath test. This warrant is known as McNeely Warrant. This case helps Los Angeles DUI Attorneys to defend warrantless blood draws. Now your Los Angeles DUI attorney can file a search and seizure motion when the officer forces a blood draw to get blood results suppressed and dismiss your Los Angles criminal case or Los Angeles DUI Case. In the Supreme Court case of Missouri v. McNeely, the court held that the elimination of alcohol in DUI drivers’ blood is not an exigent circumstance to […]
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April 15, 2014
California is not unique in having “implied consent law”, which is found in California Vehicle Code section 23612. The “implied consent law” requires drivers to submit to a chemical test upon arrest for Drunk Driving in Los Angeles. Many police agencies in California, including CHP, enforce “implied consent laws” by either threatening drivers with harsher punishment if they refuse to submit to a chemical test or by forcing Alcohol Blood Test (a very common practice in Orange County for instance). Once DUI defense attorney raises a 4th amendment issue, by alleging that the search was warrantless and therefore presumptively illegal, the burden shifts to the prosecution to show an exception to the search warrant requirement. Without a doubt, in most DUI cases […]
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April 3, 2014
In 1965 3 Santa Ana police officers came to the 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 the Search After Arrest of Mr. […]
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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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