April 5, 2018

DUI

DUI check point

Driving Under the Influence (DUI)

You have a better chance of getting a DUI, than winning the lottery. DUI or DWI is the most common criminal charge brought against people like you and me. If you have been accused of a DUI or DWI in California, the decisions you make now can seriously affect your life. The strength of your defense should be assessed by an attorney who understands the unique facts of your case and knows how the law applies to your circumstances.

If you are pulled over for suspicion of DUI/DWI, you will generally be asked to submit to certain tests at the scene. You will be asked to perform standardized field sobriety tests and also blow into the PAS (Preliminary Alcohol Screening) test. Once you are at the station, you will need to either submit to a blood, breath or urine test.
If you are over the age of 21, you do not have to submit to the standardized field sobriety tests or PAS test. You must submit to either a breath, blood or urine test at the station. Failure to do so will result in an automatic 1 year suspension of your driver’s license as a result of your refusal.

If you are under 21, you do not need to submit to the standardized field sobriety tests; however, you must submit the PAS test. You will also have to submit to either a breath, blood or urine test at the station.

There are some additional things you need to know about a DUI/DWI accusation. A charge of DUI/DWI in California has two different aspects. First, there is the criminal case you must deal with in court. Second, there is the case the DMV will build against you for the DUI/DWI charge. That is, you are facing both criminal and civil charges. That is why you need an attorney that will handle both aspects of your DUI/DWI.

In order for a police officer to stop you, the officer must have probable cause. Probable cause can be enough as a simple vehicle violation like speeding. The right attorney will review all of the evidence the prosecution has against you and determine whether the stop was legal. If I don’t believe that the officer had probable cause to stop you, then I will file a motion in court to suppress the evidence and seek to have your case dismissed.

Things to know about the new 2010 California DUI Laws:

  • The new laws go into effect January 1st, 2010
  • After 2009 first time DUI offenders in Los Angeles will get :
  • Mandatory jail sentences, which will vary from 96 to 6 months in county jail.
  • A DMV license suspension of up to 6 months.
  • Monetary fines from approx 400 to 1000, in addition, a penalty assessment may triple the fine.
  • Mandatory installation of an ignition interlock device (IID) to any car they drive.
  • Must attend a level one program
  • 3 Years Probation

The actions by the DMV and the Courts are separate cases. It is important more than ever to get the proper representation to defend your rights.  Call today for a free Consultation with a DUI Lawyer.

 


Do Plaintiff’s ever hire criminal defense attorneys?

I know this is an odd question but is it at all common for a plaintiff to hire a criminal defense attorney? Why would a plaintiff need a criminal defense attorney if they were not guilty of some type of wrongdoing, like, say…filing a false police report?

The only reasons I can think of why a plaintiff would hire a criminal defense attorney would be:

-This is an attorney that they were able to afford, was a friend, family member, or was otherwise convenient
-They were guilty of some type of crime, most likely related to the reason they were in court in the first place.

Asked about 3 years ago in Criminal Defense

Sonia’s answer: I don’t see why my colleagues are so offended by your question. Seems like you/or someone you know was accused of some wrongdoing and a police report was filed, is being sued civilly for that act and now the plaintiff has now hired a criminal lawyer regarding that incident. Your instinct that the Plaintiff filed a false police report may be correct and he or she is just trying to protect himself from criminal charges.

I did not interpret your question to mean that the plaintiff hired a criminal lawyer to represent them in a civil suit. I understood it to mean in addition to Plaintiff’s civil counsel. Hence, why I don’t find this question offensive as my other colleagues do.

Answered about 3 years ago.


Can you be sued for false arrest if you were a witness to a crime but the DA dropped the case?

I witnessed my friend’s uncle push and shove my friend while we were in front of my friend’s house. I called OPD and they responded in about 30mins. My friend pressed charges against his uncle and I gave PD my witness statement.

Asked over 3 years ago in Criminal Defense

Sonia’s answer: I agree with counsel, highly unlikely you will be civilly sued for being a witness. Then again, people sue other people for the most ludicrous of things. Just watch Judge Judy one of these days.

Answered over 3 years ago.


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