Los Angeles DUI Defense
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 Angeles DUI cases. Every single DUI arrest in Los Angeles (and the rest of California) involves an eventual request to consent to a DUI chemical test. Los Angeles Police officers (and peace officers of other agencies), after arresting a driver suspected of drunk driving, will tell the driver that he has to submit to a DUI chemical test of his blood or breath. In other words, they are asking the driver to consent to a search of his body for evidence of crime! This is a search and seizure (AKA 4th amendment) issue that can and needs to be litigated. Why? Because not all consents are valid! US Supreme […]
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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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June 28, 2013
In the United States, a DUI is considered a very serious offense. In 1980th, approximately 25,000 people died in DUI accidents per year. Since then, the states put a lot of effort into prosecuting DUI drivers. By 2014, the number of death from DUI-related accidents dropped to just below 10,000 people per year. While this is still a large number, the tough stance on DUI offenses appears to be paying off. The total number of people arrested for drunk driving in the United States is over 1 million arrests per year. The prosecution all over the United States and California is extremely tough on DUI cases, often prosecuting borderline cases – that is, cases that if not a DUI, would […]
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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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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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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 crime. This Supreme Court decision changed the consequences for pleading guilty in California to either of the 2 crimes, making both deportable if […]
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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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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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