Los Angeles DUI Defense

DUI Arrest and SR-22 requirements

June 11, 2013

After a DUI arrest in Los Angeles the arrested driver is likely not only to face a criminal case in Los Angeles Superior Court, but also is likely to face an administrative prosecution by the DMV to suspend or revoke the driver’s license.   These two procedures are independent of each other and even if the DMV is dismissed (such as with a plea to a reduced charge), the driver’s license can be suspended by the DMV based on administrative hearing after a DUI arrest.   Our skilled Los Angeles DUI defense attorneys will defend you in DMV hearing and in Criminal Court. If administrative hearing is lost and suspension is ordered by the DMV against the driver, after period […]

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A DUI trial: winning a DUI case in Los Angeles

June 1, 2013

In this article, Los Angeles DUI Defense Lawyer discusses A DUI trial. Click on the links below to go directly to your topic of interest. Can a Judge Punish A Defendant For Taking His DUI Case To a Trial? DUI Trial: Scientific Argument Expert Witnesses at a DUI trial in Los Angeles Can a DUI Case be dismissed when the courts are congested with other cases? Can a Judge Punish A Defendant For Taking His DUI Case To a Trial? One of the reasons many defendants accept a plea bargain is to avoid harsher punishment.  Often people worry that a judge will punish a defendant going to trial.   That can happen because some judges will see a defendant going to trial […]

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Categorical Approach for Immigration Law

May 4, 2013

Categorical Approach –  is a concept of the immigration law to determine if someone is deportable or not. Because immigration law constantly changes, it is very important to consult a Los Angeles post-conviction attorney prior to pleading guilty to any crime.  For example, recently, the Supreme Court held that “obstruction of justice” is an aggravated felony and includes Penal Code 32 (accessory after the fact) and Penal Code 136 (dissuading a witness).  Prior to this decision,  dissuading a witness was not an aggravated felony because in California no legal process was required to be accused of this law.  This Supreme court decision changed consequences for pleadign guilty in California to either of the 2 crimes making both deportable if the […]

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Changes to DUI laws in California

April 16, 2013

Many Los Angeles DUI defense attorneys are expecting that the DUI law in California will change to be harsher on the drivers.  The most likely changes, if they are to come, would be some combination of the following: (1) making DUI crimes priorable for longer than the current 10 years priorability. (2) making some level of THC in blood be a “per se” DUI – such as the case with alcohol where a .08% BAC is a DUI regardless of the level of intoxication. (3) reducing the level of alcohol at which a driver is in violation of DUI laws lower than the current 0.08 percent.  This possibility is based on many prosecutorial experts believing that most people’s attention and […]

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Evidence: DMV records usage by the prosecution.

May 7, 2012

PRIOR CRIMINAL RECORD AT A CRIMINAL TRIAL Here Attorney DUI Los Angeles discusses problems that Los Angeles Drunk Driving Attorneys often face at trials.  A Los Angeles DUI prior or any other prior DUI is often proven by the District Attorney or Los Angeles City Attorney using a certified DMV paper record showing your previous conviction.  A DMV printout with a driving record can be used by the DA’s office to show not only your previous convictions but also the service of suspensions, i.e., that the person knew of the suspension.  A prior is a serious aggravating factor and sometimes a separate charge in DUI prosecutions.  For Driving on a Suspended License prosecution, which is found in California Vehicle Code […]

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High BAC level without drinking a lot?!

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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How long is the Driver’s License Suspension after 2nd offense DUI in Los Angeles?

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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