DUI Offense Requires Immediate Action
The charge of Driving Under the Influence involves two separate proceedings: a criminal action filed by the state and an administrative proceeding initiated by the police officer and filed by the Department of Motor Vehicles. These proceedings affect both in-state and out-of-state drivers. To fully protect your driving privilege, you need to prevail in both proceedings.
In most instances, if you are arrested for driving under the influence you will automatically lose your privilege to drive if you do not request a hearing within 10 days of the date of arrest. That is why you need to contact my office as soon as possible after your arrest, even if you are contemplating using the public defender to defend your criminal case. You do not have a right to have an attorney appointed for you if you cannot afford one at an administrative hearing.
If you cannot afford an attorney at the criminal proceedings; I can represent you in the DMV action alone at a very affordable rate and then you are free to seek a public defender to handle the criminal case.
It is important to fight all charges of DUI because the law is becoming more strict every year. The law regarding prior offenses has extended the "look back" period to 10 years. The law regarding what is high blood alcohol was reduced from .20% Blood Alcohol Content to .15% Blood Alcohol Content just a couple of years ago.
DMV Action
Frequently, the ticket given by the police gives a
court date months ahead. The pink temporary license provided is valid
for thirty days. These facts frequently lull drivers into believing
they can delay contacting an attorney and nothing will happen until the
court date.
Nothing can be farther from the truth, if you don’t request a
hearing within 10 days of your arrest and you are given a pink temporary
license, then you will most likely lose your driving privilege when the
“pink” temporary license expires thirty days after your arrest. So act
immediately!
Note there are enhanced penalties for those under the age of 21
and for commercial drivers that can result in lengthy suspensions or
termination of your commercial driving privilege completely.
The DMV administrative hearing is completely separate from the
criminal action. In most cases, the evidence consists entirely of
documentary evidence and the rules of evidence. Careless errors made by
the police, DMV’s failure to put on sufficient evidence, or an
affirmative defense may result in victory at the administrative hearing.
A victory at the DMV hearing helps the criminal defense because it
means that you keep your license while the criminal matter proceeds.
The DMV hearing is concerned with only 3 issues:
1. The peace officer had reasonable cause to believe you were
driving a motor vehicle in violation of Vehicle Code section 23140,
23152, or 23153.
2. You were placed under lawful arrest.
3. You were driving a motor vehicle when you had .08% or more by
weight of alcohol in your blood.
A DMV hearing is like a three legged stool. If you prevail on any
one of these issues then you win the hearing. The evidentiary rules at
these hearings may be based upon the California Evidence Code, but they
are applied in a manner that are unique to DMV hearings.
If you win the DMV hearing then you have overcome the first hurdle
to protect your driving privilege. Furthermore, by prevailing at the
DMV hearing and later pleading to a lesser charge, this may result in
reduced education expense and no suspension of your driving privilege.
In some cases, a DMV hearing can be used to help the criminal case by
giving me an opportunity to question the police officer under oath.
Later at trial, this testimony can be used to lock down the officer’s
testimony or challenge the veracity of the police officer. This can be a
potent weapon for the defense in a subsequent DUI trial.
It takes a skilled DUI lawyer to represent you at these hearings
who understands the nuances of a DMV hearing. These hearings differ
significantly from a criminal hearing due to the administrative nature
of the proceedings.
Scientific Evidence
A DUI is unlike most other misdemeanor charges
because the prosecution must rely upon scientific evidence in order to
prove its case. Any problems that may exist with the police equipment,
the manner the equipment was used or maintained, reasons why the
equipment couldn’t operate properly, (certain medical conditions may
affect the accuracy of the equipment,) mean even the worst case may
suddenly become a defensible one. Furthermore, there are many other
defenses that may be applicable to your case, which a lay person may not
realize exist.
I prepare each case as if it will go to trial because that is the
only way I can test the prosecution’s case and uncover any weaknesses.
These weaknesses can also be used to assist the defense in plea
negotiations to get reduced punishment.
Legal Research
Oftentimes, a DUI may raise issues regarding the
validity of the traffic stop or other Fourth Amendment claims. Such
claims may stop the prosecution cold in its tracks because if the
evidence is suppressed, the basis for the prosecution cannot be used
against you at trial.
Other legal issues include challenging prior convictions. A
successful motion to strike a prior conviction results in reduced
punishment because the prior conviction will no longer exist. In order
to challenge a prior conviction, a lawyer must first acquire the record
and weigh the merits of filing the motion before taking action. Speedy
trial motions can be very effective in Lake County. If the case is more
than one year old then the court may dismiss your case outright. I have
had great success with these motions in this county.
I am very familiar with a variety of alternative
sentencing that can be employed instead of jail, such as residential
treatment. These alternatives can be very attractive in third and
fourth offenses where the mandatory jail term can be quite long and no
legal defense exists.
Some attorneys believe that the prosecution never varies from
standard terms it typically offers. The reality could not be further
from the truth. An attorney familiar with your case and the facts
specific to your case can often get the prosecution to deviate from
those terms. Sometimes I am able to get the prosecution to agree to
community service time instead of jail, or, a reduced DMV school
requirement; other times it may be more significant such as a plea to a
wet reckless in a multiple offense case, or a dry reckless in a low
blood alcohol case.
Other Benefits of Legal Representation
In most DUI cases, I can appear in court without you being present during many of the court proceedings. This saves you time because you will not miss work, potentially risk losing your job, or spending hours waiting in court. Additionally, you can spare yourself the embarrassment of having to tell your boss you need to go to court.