Los Angeles DUI Defense
March 3, 2016
In California, a driver’s license can be lost through one of three ways, a cancellation, a suspension, and a revocation. While, the license can be revoked for few reasons, a DUI license revocation is a consequences of some DUI arrests in California and specifically Los Angeles DUI. DUI license revocation does not happen in every case because many DUI arrest only result in suspension. DUI License Suspension will allow you to get your license back after a period of time, whereas for a revocation, you will need to reapply for the driver license after the period of revocation. A DUI license revocation is imposed for a minimum of 2 years. One of the harshest consequence for a driver’s license is […]
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February 26, 2016
Driving on a suspended license in California is a crime. This is considered a lower-level offense, classified as a misdemeanor. A misdemeanor is a criminal offense for which a person can not be sentenced to jail for more than 364 days. In contrast, a felony is a type of crime where the sentence in prison can exceed one year. Unlike DUI cases where the offense can be sometimes a felony, driving on a suspended license can never be a felony. A driver can have a suspended license for a number of reasons. The worst kind is a driver’s license suspension is the type that is imposed by the DMV after a DUI conviction. When a person is convicted of a […]
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February 24, 2016
Nystagmus is an investigation tool used by law enforcement to determine if a person is under the influence of alcohol. After a DUI stop, a police officer, if he suspects that the driver is under the influence of alcohol, can ask the driver to step out of the vehicle and submit to several field sobriety tests. Field sobriety test is a voluntary test and you can and should refuse to submit it. If you agreed to the tests, the prosecutor will likely use them to show that you were impaired. The tests are highly subjective and can cause a person to be arrested even when he is innocent of the DUI. The most common field sobriety tests are a visual check for nystagmus, […]
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February 15, 2016
The California Supreme Court recently eliminated several important breath test defenses for DUI cases that DUI attorneys Los Angeles used to successfully defend DUI charges. PARTITION RATIOS AND VANGELDER (58 Cal 4th 1) According to the 2013 Supreme Court of California decision in People v. Vangelder, partition ratios cannot be argued to a jury. Before this case, Los Angeles DUI defense attorneys would argue that breath sample results are not the same as the blood sample results because the ratio of alcohol in blood could be very different from the ratio of alcohol in breath samples. In the case of Mr. Terry Vangelder, he was prosecuted for a DUI after he was pulled over for speeding and his breath alcohol test […]
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January 29, 2016
Please click on the links below to go directly to your topic of interest: California Law for DUI with commercial driver’s license Penalties for Commercial DUI in California How To Beat A Commercial Vehicle DUI (CDL) Case? Can you still get a CDL license after two DUI convictions in California? California Law for DUI with the commercial driver’s license. The DMV can suspend a commercial driver’s license. A commercial driver’s license suspension can happen if you had a blood alcohol concentration of .04% or higher while driving a commercial vehicle (Cal VC 23152(d)). In addition to a DMV commercial driver’s license suspension, a driver can be prosecuted for a DUI in criminal court. If that driver drove a non-commercial vehicle while being DUI, […]
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January 20, 2016
In this article Los Angeles DUI Defense Lawyer discusses Driving on a Suspended License. Click on the links below to go directly to your topic of interest. LOS ANGELES DUI ATTORNEY EXPLAINS SUSPENDED LICENSE LAW ATTORNEY EXPLAINS TYPES OF LICENSE SUSPENSION DRIVING ON A SUSPENDED LICENSE ALSO CARRIES POINTS WITH THE DMV COURT PROCESS FOR SUSPENDED LICENSE SUSPENDED LICENSE. Example 1 SUSPENDED LICENSE. Example 2 SUSPENDED LICENSE. Example 3 LOS ANGELES DUI ATTORNEY EXPLAINS SUSPENDED LICENSE LAW California Laws covering driving on a Suspended License can be found in California Vehicle Code sections 14601-14601.5. The decision to charge one code section over another primarily deals with the type of suspension or revocation. For instance, if the driver’s license suspension is based on a conviction for drunk […]
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January 7, 2016
In this article, Los Angeles DUI Defense Lawyer discusses DMV Hearing Appeal. Click on the links below to go directly to your topic of interest. DMV HEARINGS APS DMV HEARINGS HOW TO WIN A DMV HEARING HOW CAN EXPERT TESTIMONY HELP DURING AN APS HEARING DMV PROCEDURE AFTER DUI ARREST NEGLIGENT OPERATOR DMV HEARING APS DUI DMV HEARING APPEAL ADMINISTRATIVE REVIEW OF DMV DECISION APPEAL OF DMV RULING TO THE SUPERIOR COURT TIME LIMIT TO FILE WITH THE SUPERIOR COURT THE REASONS TO FILE A WRIT PROCEDURE DMV HEARINGS The DMV is directly responsible for issuing Driver’s licenses to California Residents. Not only does the DMV issue driver’s licenses, but it also keeps driving records which include accidents, failure to […]
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January 2, 2016
California law allows you to get a dismissal of your criminal case when your speedy trial rights are violated. This dismissal is done by filing a motion. This motion can be oral or written and applies to all criminal cases including Los Angeles DUI cases and any other Los Angeles Criminal Cases. If your speedy trial rights were violated, you can get your DUI dismissed in Los Angeles. Speedy trial rights are violated when a lot of time passed between the offense date and the prosecution and as a result of that, it is unfair to you to prosecute. Please click on the links below to go directly to your topic of interest: CALIFORNIA SERNA MOTION DISMISSAL RIGHT TO SPEEDY TRIAL […]
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November 28, 2015
A driver arrested for a DUI in Los Angeles can be charged with a violation of California Vehicle Code section 23152 (a) and/or section 23152 (b). A violation of California Vehicle Code section 23152 (b) occurs when a driver is over the legal limit. The legal limit is defined as .08% alcohol in blood. In proving that the driver is over the legal limit, the government will attempt to measure your blood alcohol level within 3 hours of driving. To make the prosecutor’s job easier, the driver who is arrested for a DUI is required by law to submit to a chemical test of his blood or breath. In this situation, defending a DUI in Los Angeles must be based on […]
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November 27, 2015
Los Angeles DUI investigation usually consists of 3 parts. During the first part, the police observes the driving of the driver and note their observation for future police report. During the second part, the police observe how the driver does on voluntary field sobriety tests. During the third part, the police will take the driver to a station and take his breath or blood for alcohol testing. The first part of a Los Angeles DUI investigation consists of visual observation of the driver. The officer will make observations of driving and driver’s demeanor and ask driver questions about drinking patern etc. Los Angeles DUI attorney does not believe that is helpful to talk to the police officers. Any incriminating answers […]
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