Los Angeles DUI Lawyer Blog
Many of our clients make the mistake of thinking that because they meet the elements of a DUI that they will be found guilty and do not need to expend the money on a Los Angeles DUI Specialist. The first mistake people make is thinking that because they were drinking and have a higher Blood Alcohol Content (BAC) they will surely be found guilty.
The second is that they plead guilty at their first Court appearance, known as the Arraignment. They are then sentenced and proceed to serve their sentence which will usually involve a fine, license suspension and jail time if it is a second or severe offense.
We advise all of our clients and potential clients that this is a bad idea without consulting with an attorney. Regardless of whether you have a high BAC, or even one over .08, you do not know the requisite elements of a DUI case.
The prosecutor must prove two elements beyond a reasonable doubt. They must prove that you were intoxicated at the time you were driving, and that you were driving. Additionally, an officer cannot pull you over on hunch alone,sthere must be a valid reason to stop you as you are driving. Prosecution must present evidence and testimony that would prove that there is no other reasonable explanation, other than you were driving while intoxicated.
Even in situations where the government can easily meet the standards of a DUI, the sentence is subjective. The sentence imposed is based on a legislative range. The Judge will consider the facts of the case and the person’s prior criminal history,sand determine a sentence that would be appropriate for the case. The good thing about this, is that it is up for negotiation. A knowledgeable Criminal Defense lawyer would present positive evidence and testimony that would persuade the Judge to impose a lesser sentence that does not involve jail time and manageable fines.
Furthermore, there is always a DMV hearing when a person has been charged with DUI to determine the length of time a license will be suspended or revoked.sThe driver has the right to have an attorney represent them at the DMV hearing. An experienced attorney has handled thousands of DMV hearings and s familiar with the hearing officer’s habits and usual mannerisms. Taking this experience into account, they can prepare a defense and your testimony so that the officer is inclined to only suspend the driver’s license for a minimal amount of time.
A person who thinks they are guilty merely because they were intoxicated while driving makes the mistake of pleading prematurely. By pleading guilty, they are leaving the final sentence into the hands of the Judge, without any argument or subjective reasons for a minimal sentence. That is why the help of a Los Angeles Criminal Defense lawyer can go a long way in either having the case dismissed, or in the situation the person is found guilty, to have the most minimal sentence imposed.