Los Angeles DUI Lawyer Blog

Articles Posted in Criminal Defense

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If you are arrested along with the driver of a car in which marijuana is found, you can be legally arrested for drug possession, even if it was not yours. However, if the marijuana was not found in your possession and it was not yours, an experienced Los Angeles Criminal Defense attorney will be able to prepare a strong defense in your favor.

If marijuana is found in your vehicle then you can also be charged with medical marijuana possession charge even if it is not yours. Under this scenario you might need a stronger defense, because prosecution will appeal to the fact that if it is your car, you should have known its contents.s

One potential defense a knowledgeable criminal defense attorney may use is that of your constitutional right to be protected from illegal search and seizure.

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Many of our clients are curious to know if a marijuana conviction would affect their car insurance.sGenerally, a marijuana conviction will only affect your car insurance if you were arrested while driving under the influence. If you are arrested for possession, then it is not likely that your car insurance rates will go up.

Any arrest that involves driving or a violation of the law while driving will result in your auto insurance rates being increased. Driving while under the possession of marijuana is a more difficult case to prove, because there is no set standard or test to determine whether someone is under the influence or not. Additionally, if you are arrested for a DUI, you are not the one responsible for notifying the DMV, the arresting officer will do it.

If you are arrested for being in possession of any type of drugs including marijuana, this may affect other aspects of your life, such as obtaining a loan, applying for jobs or higher education, but the DMV will not be concerned with it. Additionally, if you are arrested for being in possession, there may be several defenses available to you.

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With the increased number of Ghosts, Goblins and creatures of the night wandering the streets of Southern California, it is necessary that there also be an increase in the number of officers patrolling the streets. This Halloween time, enjoy yourself but make smart decisions.

Due to the number of parties going on, there is sure to be an increased number of people driving while intoxicated. The number of DUI checkpoints will increase and officers will be on the lookout for any reasonable cause to pull someone over. If pulled over for a DUI remember your rights. If you come across a DUI Checkpoint, be sure to protect your Fourth Amendment rights and ensure that officers follow their legislative guidelines and procedures. An experienced Los Angeles Criminal Defense attorney can advise you on whether or not your rights were violated and if the case may potentially be dismissed.

Officers also hand out an increased number of drinking in public tickets and public nuisance citations. Officers want to make a statement and let party goers know that they are not going to put up with slack due to the nature of the holiday. If you are cited for a drinking in public ticket, or something similar, understand that it can have serious consequences. It will be a misdemeanor but with the right Los Angeles Criminal Defense attorney it can be reduced to an infraction or possibly dismissed.

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If you have been arrested for a DUI, you must have lots of questions and concerns as to what the correct steps would be. One of the most important is probably how it affects your auto insurance and how you must go about taking proper steps so that you are not further penalized.

You do not need to personally inform the DMV of your arrest. The arresting officer must send to the DMV the completed notice of Suspension and Revocation form, along with the confiscated license and a sworn report to the DMV. You, however, must immediately schedule a DMV hearing. The hearing must be scheduled within 10 days of your arrest date, otherwise you lose the right to a hearing and the DMV will decide the appropriate penalty for your license. You have the right to have an attorney represent you at the hearing and speak on your behalf.

The DMV will automatically conduct an administrative review. During the administrative review, the DMV will review the officer’s report, the suspension and revocation order and any test results. They will then decide if and for how long your license shall remain suspended and if you should be entitled to the use of a restricted license.

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If you have been charged with a DUI and at the time of your arrest you refused to take a chemical test, then the consequences regarding your license may vary. A DMV hearing must be scheduled within ten days of your arrest. At the DMV hearing, an officer will review the facts of your case and determine what sanctions to impose on your license, if any. You have the right to have an attorney appear on your behalf at a DMV hearing.

If you refused to take a Chemical test that would allow the arresting officer to gather evidence regarding your Blood Alcohol Content, your potential consequences will differ from those that submit to the Chemical Test. You have a right to refuse to take the initial chemical test administered at the scene, but generally must comply with the test given at the station.

If you are over 21 years of age, and have been arrested the DMV may suspend your license for one year on a first time offense. For a second offense, you license may result in a two year revocation. For any third of fourth time offense, your license will result in a three year revocation.

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With all the celebrations going on during this time of year, it is a great time to get together with family and friends, but it is also a time of year when there is an increased amount of arrests. Many people are out and about on the streets, especially during block parties and holiday events. However, it is illegal in the State of California to have any alcohol in public. This means that you are not allowed to be consuming alcohol or have it open on public streets, and outdoors.

If you are stopped by officers for an alleged drinking in public violation, be familiar with your rights. You do not have to inform the officers as to what you are drinking, you may politely decline to comment. Much like your rights during a DUI stop, you have the right to remain silent and to refrain from saying anything that mightsbe incriminating.

Based on the surrounding facts of your arrest, your case may be strong or weak. For example, if officers have no proof that you were in fact drinking, then you may have a stronger case that could lead to a dismissal. If officers have statements and solid proof that you were in possession of alcohol on a public street, then your case could be very weak. An experienced Los Angeles criminal defense attorney has the knowledge and background to prepare a powerful defense on your behalf, whether your case is strong or weak. By coming to court prepared and ready can lead to a dismissal or reduction in charges. A small charge such as drinking in public may seem like it is not an issue, but the truth is that any offense on your record can cause hassle and trouble in the future. Keep your record clean and give yourself the best chance of obtaining your desired outcome!

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The California legislature has enacted regulations to govern the actions of officers during a DUI checkpoint. Checkpoints are appearing more frequently these days in an effort for the Police Department to not only reduce the number of Drunk Drivers on the road, but to bring to the attention of the general public the consequences of a DUI. If procedures are violated by officers during a DUI arrest, your case may be dismissed.

When a DUI checkpoint is to be employed, there must be a warning given to drivers. Drivers must be put on notice prior to the checkpoint and not just stopped without knowing what the checkpoint is for. Additionally, there must be a turnout prior to the checkpoint, so that those drivers who chose not to proceed through the checkpoint do not have to. Those drivers who decide to turn around and go another route may not be stopped solely for having chosen to turn around.

The cars that are checked during the checkpoint must be in a random, impartial formula. It is permissible to stop every fifth car or so, but it would be in violation if officers stopped cars upon their choosing.sSafety conditions must be monitored at the checkpoint site, and the checkpoint must take place at a reasonable time, place and day. Finally, if detained, the length and nature of the detention must not be obtrusive.

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Lately, DUI checkpoints have become more frequent and common throughout the Southern California area. LAPD has announced that they are focusing more on bringing awareness to the consequences of a DUI. This means that they are launching more DUI checkpoints and making more arrests so that the general public understands that DUI arrests and convictions will be taken more seriously, and sentenced appropriately.

The LAPD feels that by having more checkpoints and more attention given towards arresting people who are drinking and driving. The mere warning of a checkpoint and its presence deters many people from having a few glasses and getting behind the wheel. It is important to be aware of where these checkpoints are and on which nights. Many websites and through the use of Twitter now inform drivers where these checkpoints are located.

Many times a false arrest is made in a DUI checkpoint, where officers inadvertently arrest someone who cannot be found guilty of a DUI and does not have a case. There are strict guidelines and procedures officers must follow during a DUI checkpoint to make sure Fourth Amendment rights are not violated. If an officer violates one of these regulations, your case may be dismissed or reduced.

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A lot of my clients ask me if they made the right statements during their DUI arrest. Any statement you make will go onto the arrest report and can be used against you when you appear before the judge.

Arresting officers have a right to ask investigative questions. It is their job to build a case and to gather as many facts as possible. You have the right to not say anything self incriminating. While you are required to give the officer your basic information, name, address, driver’s license, insurance, etc., you are not obligated to answer all of their questions pertaining to your evening.

Officers will ask you if you have been drinking, where you were that evening, how much you had to drink, how much you had to eat that evening and any other questions that will help them build a case against you before the judge. You are not required to answer any of these questions.

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One of the most significant consequences that a DUI conviction may have on your life is that it may change your immigration status. When it comes to Immigration law, the Immigration Judge has a great amount of discretion on his decision as it is not objectively outlined in the Naturalization and Immigration Act.

While many drug offenses and more serious criminal offenses will most likely lead to deportation or revocation of your status, a DUI is much more subjective. The Judge will decide based on several factors if the DUI will prevent you from obtaining or maintaining your status. He or she will often consider your criminal record, how long you have been in the United States, your family situation, job history as well as other aspects of your life.

If you only have one DUI on your record and nothing else, chances are it won’t have much of an effect on your Immigration Status. However, if you are on your third DUI and were on probation, the Judge will seriously consider deportation or terminating your status as either a citizen or Legal Permanent Resident.

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