DUI

Driving Under the Influence: Alcohol/Drugs (VC 23152)

Per California DUI laws, it is illegal to drive a vehicle with blood alcohol content (BAC) percentages:

0.08% or higher―21 years old or older operating a regular passenger vehicle.

0.04% or higher―operating a commercial vehicle.

0.01% or higher―younger than 21 years old.

It is also illegal to drive a vehicle if under the influence of illegal drugs and/or medications, whether it be prescription medications or over-the-counter drugs.

When arrested for a DUI, most people believe that it will be impossible to successfully challenge DUI charges. Usually this is wrong, Our Criminal Defense attorneys have successfully represented many clients against DUI related charges.

Often equipment malfunctions can create inaccurate readings, and all forms of BAC testing are prone to error. Blood samples that were taken during your arrest can be acquired in order for us to have them tested at an independent laboratory. This procedure has often led to different results in your blood tests.

Did you know that during the roadside investigation that led to your DUI arrest the arresting officer is required to follow set of standardized procedures? Many police officers fail to follow these guidelines, making evidence gathered in the field questionable.

As you can see our team of Criminal Defense attorneys will investigate your DUI case from every angle and we will find any errors made by the police and by their testing equipment.

The Arrest

A DUI commonly begins with an officer of the law pulling you over, or at a checkpoint. If the officer suspects you to be under the influence, he will ask you to perform a series of field sobriety tests, you will also be required to blow into a handheld Breathalyzer. If you are thought to be under the influence, the officer will proceed to arrest you and you will be asked to take either a blood test or a breath test at the police station, or at a hospital.

Refusing both the breath and blood test can result in much tougher DUI penalties, often including a one year driver’s license suspension.

Normally if you are arrested for a misdemeanor DUI, you will be released a few hours after your arrest. In case of felony DUIs, you may be required to post bail in order to be released. After you are released you should be given a citation that requires you to appear in court on a certain date and you will also be given a temporary driver’s license. Your regular driver’s license is usually taken by the arresting police officer and mailed to the Department of Motor Vehicles. If you have an out-of-state driver’s license then the police officer will return your driver’s license to you when you are released.

Our DUI lawyers and DUI court

Our expert DUI lawyers will be able to attend most of the DUI court proceedings on your behalf, you will only be required to attend if there is a hearing in which you are required to testify or if the case goes to trial. DUI cases often involve multiple court dates and can run over the course of several months.

During the course of your DUI proceedings, your DUI attorney will spend their time collecting evidence in order to better negotiate with the judge and prosecutor on your behalf. Your attorney will use any evidence gathered to seek dismissal or reductions to any charges you may be facing.

If after all these proceeding, no settlement is reached then the DUI case will be set for a jury trial. Often during a trial, our DUI lawyers will be able to negotiate better deals by using the trial as an opportunity to review minor details that could have been overlooked by the District Attorney.

May 5, 2015May 7, 2015

Hit and Run

Hit & Run (VC 20002)

In California you may be charged with a hit and run if the following occurred if: you left the scene of an accident, failed to identify yourself to parties involved, and caused property damage.

A misdemeanor hit and run in California is concerned with property damage.
A Felony hit and run in California is concerned with injury; you may be charged with a felony if the other party sustained any injuries or death.

Penalties (VC 20002)

A misdemeanor hit and run can result in fines up to $1,000 or 6 months in county jail. Informal probation may be granted for a period of 36 months. Restitution fees to damages may also be imposed. The DMV will also count this as 2 points on your driving record.
A felony hit and run can result in fines up to a staggering $10,000. In most cases, a prison sentence of 3 years will be imposed. If death or serious injury occurs, the prison sentence could be raised to up to 4 years. A felony hit and run is considered a “wobbler” giving the prosecutor the discretion to consider the charge as a misdemeanor or felony.

What Is a Hit and Run Accident?

A hit and run accident is any accident in which a driver intentionally leaves the scene without providing contact information.

Examples of hit and run accidents include:

A car hits you and speeds off.
A driver hits your unattended parked car and leaves no contact information or way of collecting damages.

May 5, 2015May 7, 2015

Grand Theft

Grand Theft (PC 487):

In California, the crime of theft is defined as the unlawful taking of someone else’s property. It is considered grand theft under Penal Code 487 if the property is valued over $950. If convicted of grand theft, you may face many repercussions to your professional and personal life. Examples of grand theft include (but are not limited to): shoplifting an item valued higher than $950, embezzling money in great amounts from an employer, or breaking into a home to steal personal items worth thousands of dollars.

Penalties (PC 488):

This is considered a “wobbler”, meaning the prosecutor has the discretion to charge a person with a misdemeanor or felony. A misdemeanor charge carries up to one year in county jail. For felony grand theft, you may be sentenced up to three years of incarceration.

Legal Defenses (PC 488):

In a typical grand theft case, our attorneys will strive to prove several factors: that you did not intend to steal, you took the alleged stolen property because it actually belongs to you, and the person who the item was taken from gave you consent to do so, and/or that you are falsely accused of a crime you did not intend to commit.

California

“Grand theft is committed when the value of stolen property exceeds $950. Theft is also considered grand theft when more than $250 in crops or marine life-forms are stolen, “when the property is taken from the person of another,” or when the property stolen is an automobile, farm animal, or firearm. There are a number of criminal statutes in the California Penal Code defining grand theft in different amounts. Most common amount is $950.00.” –wikipedia