Los Angeles DUI Lawyer Blog

Articles Posted in DUI

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Contrary to popular belief, California Vehicle Code 23152 is not limited to charges for driving under the influence of alcohol. Those found driving impaired under the influence of marijuana may be charged for a DUI, even without the presence of alcohol.

In DUI cases involving no alcohol, and solely marijuana, the prosecution has a harder time making a stronger case. This is because State law has determined that a person with a Blood Alcohol Level of .08% makes a driver too impaired to drive.sThere is no set amount of marijuana that causes a person to be too impaired to drive and so the standard is subjective and relies on various factors. Consequently, an experienced Los Angeles Criminal Defense Attorney has the knowledge and expertise to create a powerful defense, to get a case reduced or even dismissed and in the very least penalties that fall at the lower end of the spectrum.

When pulled over for suspicion of driving the under the influence, you will be given the option to choose a breath or blood test. Criminal Defense attorneys who have handled thousands of marijuana cases will recommend that you take a breath test, as it does not register the THC found in marijuana as readily.

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A witness is anyone who observes anything. Literally, in a DUI or other Criminal Case the police officers are the star witnesses because their observations form the foundation for your arrest as well as the basis for criminal charges against you.

For example, in a DUI arrest the officer’s observations thesdriver had been weaving or lane straddlingsprovides the probable cause or legal reason for the traffic stop. Although police officers are supposed to be neutral and unbiased civil servants whose job is to protect and serve, that’s not always the case. A police officer’s job is also to build a criminal case for the prosecutor when they suspect a criminal or vehicle code violation has occurred.sThis can cause one to question the written the neutrality of their observations and opinions.

Theoretically, a defendant in a DUI criminal case is also a witness, but often their statements or recall of events is seen as suspect because it is often tainted because of their perceived bias to minimize or eliminate any responsibility on their part.

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A Criminal Case is not complete until the defendant has appeared in court for all required court dates and when sentenced probation has been completed. Oftentimes, due to circumstances out of our control, probation can easily be violated causing the Defendant to appear in court and have the Criminal Judge decide on what further action will be taken.

An experienced Los Angeles Criminal and DUI Defense Attorney has helped thousands of clients receive a lower sentence including a favorable and minimal probation.sFurthermore, they have also helped thousands of clients make powerful arguments in front of the Judge to reinstate their probation when it has been violated.

Probation may be violated in several different ways and is often imposed from three to five years depending on the specific Criminal Charge. In some cases the Defendant is charged a fine or fee to pay restitution. If this payment is not made, or untimely, a probation violation will occur. The defendant may also be asked to complete certain rehabilitation programs, which, if not completed will result in a probation violation.

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Driving under the influence of alcohol or even drugs Is the most commonly committedscriminal offense in the United States. That being said, it is easier to understand why many courtrooms throughout California are filled with drunk driving cases each day. There in lies the problem. In these high-volume courtrooms, especially in major cities like Los Angeles, prosecutors have very little time to read and review the details of each case .This can be a benefit to clients.

The benefit is that in these very busy Courts, prosecutors and judges are forced to spend increasingly less and less time in reading and reviewing as well as evaluating each case on its individual merits. In my over 30 years of courtroom experience as a drunk driving defense lawyer, that actually benefits my clients each day.

Generally in police arrest reports, there is only negativity, rarely are police officers writing about the positive elements of the person they’re arresting. Their focus is to build a case to prosecute, rarely to assist the defendant in minimizing the appearance of their conduct.

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Being arrested is like being kicked in the head by a mule. It probably leaves you dazed and confused for many hours. One of the most important benefits of consulting and experienced DUI and Criminal defense attorney is to understand the potential consequences of the charge you were arrested for.

Every criminal charge has a sentencing guideline set out by the legislature in one of several common places. These include the vehicle code, Penal code, health and safety code and welfare and institutions code.

Although most people think there is a set penalty, that is not true. To be more accurate, there are sentencing ranges set out for each code violation. These typical penalties include summary or unsupervised probation and formal probation where one is assigned a probation officer which oversees your compliance with the terms and conditions of your probation subsequent to a conviction by plea, court or jury trial.

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Nicole Richie, former reality star and daughter of famous musical artist Lionel Richie, was granted an extension on her probation resulting from a 2006 DUI.sIn December of 2006, Richie was arrested and charged with a DUI after she was caught driving the wrong way on a Los Angeles freeway. After pleading guilty, she was sentenced to 4 days in jail and 38 alcohol education classes.

Richie’s probation was set to end in July 2010, however the actress has been unable to complete all the court requirements due to the birth of her two children with rocker Joel Madden. Richie’s attorney requested a court approved leave from her alcohol education classes, which was granted by the Judge and extended to March 2011.s

You do not need to be a celebrity to get highly skilled Criminal Defense help. A Los Angeles DUI Attorney who has been practicing for over thirty years can provide you with affordable professional representation and the zealous advocacy you need to successfully fight your case.sAt Hoffman and Associates we have helped thousands of clients with DUIS and have established a solid reputation with the many Judges and Prosecutors in Southern California courts.

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Anyone charged with a DUI or other criminal offense is entitled by the Constitution to a jury trial. At a jury trial the prosecution is for acquired to put on sufficient evidence to prove that you are guilty of the offense charged beyond a reasonable doubt.

In a California DUI case, the state must prove that the officer had probable cause to stop you. This critical element requires that the driver violated at least one or more of the sections of the vehicle code. Examples of common reasons to stop a driver in a DUI arrest are speeding, weaving, following too close, or failing to stop at a stop sign.

Although most of our clients contest the issue of their own impairment at the time that they were driving and stopped by the police, physical and/or mental impairment is not a requirement of a driving under the influence prosecution.

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Many of our clients who are arrested for a DUI are choose to take a Blood test to obtain a reading of their Blood Alcohol Content (BAC). California state law strictly regulates the procedures for obtaining an accurate blood test sample under Title 17 of the California Code of Regulations.

Despite legal regulations in effect, procedures are not often followed. A knowledgeable DUI attorney is able to review the specific facts of your case and determine if a blood test sample is obtained inaccurately. If errors exist in the manner with which the sample is collected, a skilled attorney can use the facts to weaken prosecution’s case and strengthen the argument in favor of the defendant.

When administering a blood test, law enforcement is required to have a trained professional draw the blood. Additionally, they are required to accurately store the sample so that it can properly be tested free of contamination. Officers have to also ensure that the chain of custody is not disturbed. The chain of custody refers to all that have handled the blood sample, from the professional who drew the blood to the technician that tests it for the BAC. All who have had custody of the sample must be accounted for and properly qualified.

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A significant component of the prosecutor’s case rests on your Blood Alcohol Content (BAC). When arrested for a DUI, you have the option of taking the blood or breath test to determine your BAC. If you chose the Blood Test, you should be aware of the many errors that can yield a higher reading.

In comparison to taking a Breath Test, a Blood test is shown by experts to be more accurate due to the fact that it is a direct analysis. A direct analysis does not have to be converted into a measure of your Blood Alcohol level, as is the case with the Breath test. Regardless of its higher accuracy rate, a Los Angeles DUI attorney will explain to you that the Blood test is not without its own variables of inaccuracy.

A blood sample may be exposed to several factors that may yield an inaccurate result. The sample may be contaminated after it has been taken from the arrested person. Additionally, the sample could accidentally be switched with another, leaving you with a higher BAC than your actual BAC. This will potentially have a significant impact on your DUI case.

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The officer’s observations in the police reports that he completes after an arrest, are the basis for determining the relative strength or weakness of the state of California’s case against you.

In a driving under the influence arrest, the first critical element to evaluate is whether the officers had probable cause to stop you. In a DUI case, the more vehicle code violationssthe officers cite in their report create a stronger case for the prosecution. Vehicle code violations such as technical violations, like no license plates, or a tail light out although valid probable cause, create a weaker case for the prosecution.

Vehicle code violations like weaving, lane Straddling, or driving on the wrong side of the street, create a stronger case for the prosecution since they add a link for the prosecutor to build a case of a impaired driving.

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