Attorney Tips on Handling DUI Cases
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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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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April 13, 2015
Voluntary Walk-and-Turn Test often used by Police agencies in Los Angeles county during the field sobriety drunk driving investigation to determine if a driver is impaired. It is rarely a good idea to submit to this test because the results of the tests are extremely subjective and more often then not are used as circumstantial evidence of being under the influence of drugs or alcohol in DUI prosecutions. The Walk-and-Turn Test is significant because the courts believe that many of the same skills used on this test are needed for driving, such as small muscle control, information processing, reaction, balance, coordination, and short-term memory (U.S. v. Stanton 501 F.3d 1093, 1100). The Walk-And-Turn Test involves “walking hill-to-toe for nine steps, […]
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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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May 30, 2014
When a police officer influences a person to consent to a search, the consent is not valid. Such influence can be called “implied coercion”, and if it does, the court will throw out the results of a search. Search in DUI cases usually means obtaining blood or breath results after Los Angeles DUI arrest. If the court throws out the results of a blood test, the prosecutor will likely dismiss the DUI case because it is very hard to prosecute a DUI without blood alcohol results. In a federal case called Bumper v. North Carolina (391 US 543), police officers came inside a house by holding some papers in front of a defendant’s mother and telling her that they have […]
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May 27, 2014
MARIJUANA DUI Traditionally, when someone is accused of an alcohol DUI in Los Angeles, the prosecution file charges with 2 accusations, a violation of California Vehicle Code section 23152(a) and (b). If the level of alcohol is not known, such is the case with a “refusal DUI Los Angeles”, the prosecution will file only a violation of California Vehicle Code section 23152(a) with a refusal special allegation. For Marijuana DUI, the prosecutions file different criminal law violations, such as a violation of the California Vehicle Code section 23152(f). Driving while smoking marijuana is illegal (whether you are a driver or a passenger). Possession of more than 28.5 grams of Marijuana in a car is also illegal. Possession of marijuana is […]
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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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