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 Introduction:
Traffic violations and DUI charges are serious offenses
that can lead to prison, fines, loss of your driver's license, and expensive
increases in your insurance premiums. Simply put, without adequate
representation, your personal and professional life can suffer serious
consequences. Our office will do everything possible to help you avoid jail,
maintain your driving privileges, and expunge your record.
While each case is unique, those charged with DUI,
excessive speeding, or reckless endangerment can sometimes have the charges
against them reduced by agreeing to perform community service, entering
counseling, and attending driver's education training. We will explore all
alternatives available to you and help you retain your license and your freedom.
Consultation is free. You have rights and need to become informed immediately.
We'll answer your questions and let you make your own decision.
Contact us
at one of our conveniently
located offices throughout Southern California.
What You Need to Know
about DUI/DWI:
If you have been arrested for a DUI the chances of your
success and retention of your license may depend on your actions within the
first 10 days of your arrest. Becoming informed of your rights and retaining
competent counsel will only work to your advantage. Here is what you need to
know:
1) Driving under the influence, for the most part is
something that is done without any criminal intent. It is a crime that affects
doctors, lawyers, judges, politicians, teachers, and stay-at-home moms. Good
people get arrested for driving while intoxicated every day. In fact, those
good people that are arrested learn their lesson and most don’t repeat the
behavior.
2) It is very important when you first get arrested
for a DUI that you immediately contact us as your rights may be affected. What
you may not know is that we can arrange with the DMV to postpone the suspension
of your license only within 10 days of your arrest. Once we do that, your
driving privileges will be preserved and you will be able to continue to legally
drive pending the outcome of the DMV hearing. If no steps are taken within 10
days, you waive your right to a DMV hearing and your license is suspended
shortly after your arrest.
3) In California, there are usually two ways you
can be found guilty of drunk driving:
A) Vehicle Code Section
23152(a) states that if you drive a motor vehicle while under the influence
of alcohol or under the influence of drugs (recreational or prescription) you
can be found guilty of DUI. What the government needs to prove is that the
driver, at the time of the stop was impaired and unable to safely operate a
motor vehicle.
B)Vehicle Code Section 23152(b)
states that if you are driving under the influence of alcohol and a sample of
your blood or breath shows a level of .08 or above, you can be found guilty of
DUI. A jury must be convinced beyond a reasonable doubt that the person's Blood
Alcohol Content (BAC) was beyond that legal limit.
4) DUI charges are not open and shut cases. First,
the police must have "reasonable suspicion" before pulling you over. Secondly, a
field sobriety test must be conducted according to proper procedure. Third, if a
breathalyzer is used, it must be calibrated correctly and have an up-to-date
maintenance record. Next, breathalyzer results can be affected by how hard you
blow into a machine. Think of each of these requirements as potential
defenses. Our office has the legal, scientific, and technological resources to
make each of these defenses work for you.
5) In California, you must defend yourself in both
Criminal Court and in DMV, as they are separate entities. Each entity will
separately attempt to penalize you for violating one or both of the above
Vehicle Code violations. Unless adequately represented at both the criminal
proceeding and the DMV hearing, the accused faces imposition of criminal
penalties, such as prison, fines and restitution as well as
suspension/revocation of driving privileges. Our office will represent you at
both proceedings and attempt to procure the best possible result.
6) Typically, you will not have to go to
court if you have a DUI attorney represent you. This means you don't have to
take time off work and you don't have to face the judge.
7) If you hold a professional license, conviction of
DUI charge may jeopardize your career. We will file all pre-trial motions,
negotiate and engage in trial aggressively so that you don’t lose your job.
8) Your best defense is information and adequate
representation. We take pride in our work and the case results we have achieved
reflect our dedication to our clients. We will inform you of your rights and do
everything legally possible to aggressively defend you.
What
You Need to Know about
Traffic
Violation Litigation:
Whether you've been arrested for driving with a suspended
license or ticketed for reckless driving, protecting your rights and working
with the court can make a big difference. We understand how prosecutors and
judges view these cases, what needs to be done to position your plea, and how to
defend you if the charges against you should be dismissed. Our office can
represent you in regard to the following traffic related offenses:
* Hit
and run
* Street racing
* Evading arrest
* Reckless driving
* Speeding tickets
* Failure to yield at crosswalk
* Running a red light/stop sign
* Driving on a suspended license
* Passing a loading/unloading school bus
**** This communication is an “Advertisement”
as defined by the California Rules of Professional Conduct and California
Business and Professions Code. No communication herein shall create an
attorney-client relationship unless a separate retainer agreement is signed by
an attorney and client. This material is for informational purposes only and not
intended to provide legal counsel.
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