Los Angeles DUI Lawyer

Just about every criminal attorney in Los Angeles wants to defend DUI cases because they are the most common crime prosecuted in criminal court and there is a potentially high volume of clients.  The sad truth is that most of the lawyers do not care to do the hard work it takes to fully litigate all of the legal issues involved.  Many prey on their clients fear.  It is natural for a person to feel fear after being arrested or given a citation for a DUI.  DUI is after all a misdemeanor crime that can prevent future employers and state licensing boards from approving acceptance of a candidate, and it can stand in the way of leasing and other business transactions and government benefits.

Fear is often heightened if the person actually did ingest either a little or a lot of alcohol.  Frequently, that fear and anxiety motivates the accused person to plead no contest or guilty when they hear a non-jail plea deal before all of the legal issues have been fully litigated by their criminal attorney.  Indeed, you may be paying a pretty penny for your criminal attorney services in Los Angeles.  Make sure that your criminal attorney deserves it.

10 questions to ask your criminal attorney before you plead no contest or guilty to a DUI:

1.       If you are in custody, has the attorney analyzed the case thoroughly for a potential 991 motion to dismiss the entire case for lack of probable cause?

2.       Has your attorney obtained the breath test machine accuracy and calibration logs available in Los Angeles to verify that the breath machine itself is a reliable source of admissible evidence against you?  If the machine has malfunctioned recently, even if you think it was working when you breathed into it, an argument can be made to completely exclude that evidence due to the unreliable machine.

3.       Has your attorney thoroughly analyzed the strength and weaknesses of the case  based on the totality of how you were driving, whether you safely pulled over, whether you swerved, your performance on field sobriety tests, and other factors that a DUI criminal attorney in Los Angeles should always review carefully?

4.       Has your criminal attorney ever won a DUI jury trial where the police report said the person failed all the field sobriety tests despite never swerving and a borderline level of breath or blood alcohol?  Does the prosecutor think that your lawyer pleads out all of their DUI cases, and is afraid to take a DUI case to trial just because the Los Angeles police report looks like you failed every test when you know you were not drunk?

5.       What expert witnesses has your DUI criminal attorney used in past DUI cases to argue that field sobriety tests are not conclusive evidence that a person is under the influence because personal coordination and ability to balance and perform under pressure varies.  Which forensic toxicologist in Los Angeles has your criminal attorney utilized to establish that the horizontal nystagmus field sobriety test is not conclusive evidence of being under the influence and can be a symptom of other physical conditions?

6.       What specific resources has your criminal attorney utilized to examine the legality of the circumstances that led to the initial stop by police of your vehicle and the search and seizure of evidence?  Was there probable cause for you to be pulled over and for charges to be filed against you?  If not, has the attorney filed a motion for a hearing to litigate the potential dismissal of your case on constitutional grounds?

7.       What effort has your criminal attorney made to examine the credibility of the Los Angeles police officers, Sheriff, or Highway Patrol officers that arrested you and obtained evidence against you?  Have the officers been accused of any misconduct in the past?  Would the officers be credible witnesses against you if the D.A. had to prove their case beyond a reasonable doubt?

8.       Does the lawyer that you hired personally show up in court to litigate your case?  Surprise them and show up on your court date.  Many of the most expensive firms with the highest ratings and awards routinely send inexperienced lawyers into court while telling you that there is no need for you to appear.  They may claim to be supervising the appearance lawyers, but most of the time they don’t even review the specific legal issues of your case thinking that you are so scared that you will eventually plead no contest without ever knowing whether all the legal issues were analyzed personally by the high priced criminal attorney that you paid for.  No matter what they advertise or say, go to court and see for yourself whether they actually show up personally, or just take your money and send a less experienced attorney to the Superior Court in Los Angeles to represent you.

9.       What specific effort has your DUI attorney made to argue legally for your case to be dismissed, reduce the charges, or minimize sentencing?

10.    What are all of the terms and conditions of probationand other consequences of pleading no contest?

Originally published here.

***Find a pre-screened DUI attorney in Los Angeles 661-310-7999. Lawyer referral serviced approved by the CA Bar Association***

California DUI/DWI Facts and Statistics

Drunk driving or driving under the influence (DUI) is the act of driving a motor vehicle under the influence of alcohol or while in an inebriated condition. It is a common problem in the United States and the rest of the world. DUI is responsible for 41 percent of total traffic deaths.

Alcohol tends to get absorbed into the bloodstream and is carried to the brain immediately upon consumption. Laws in the US in relation to DUI have become extremely strict. In the state of California alone there are approximately 200,000 arrests for DUI every year. The law has enforced strict and stringent measures against people who have found to have a blood alcohol count of 0.08% or more.

Based on California law, a person under the influence of alcohol is charged on two counts, a Vehicle Code section 23152(a) count, driving impaired by alcohol and 23152(b), driving above a .08% Blood Alcohol Content.

California Highway Patrol records, 1998 states that in 1997, a total of 31,189 people were injured in alcohol-related traffic accidents in California. This comes down to approximately 86 people per day. Injuries caused in such accidents comprise of roughly 10.94% of the total 284,871 traffic injuries in California. It also states that in 1997, a total of 1,100 people were killed in alcohol-related accidents in California – this equates to 3 people per day. These deaths roughly represent almost 29.96% of the total 3,671 traffic fatalities in California.

Strict and stringent laws have been enacted to deal with offenders caught while DUI. Jail sentences range from 2 days to 120 days depending on the intensity of the offence. Similarly DUI schooling may also be recommended. This may range from 15 weeks to 18 months. Sale of the vehicle or impounding may also take place with the proceeds going towards charity.

Statistics have proved that since the enactment of the 0.08% blood alcohol count, the DUI arrests have decreased by an assenting rate of 45%. The number of deaths and injuries has also shown a 50% decrease. This is a positive indication, which proves that to an extent, the imposition of fines and punishments has shown affirmative results.

Alcohol offenses are serious crimes, which carry major consequences if convicted. An alcohol related crime can be one of many subcategories including, DUI, DWI, underage drinking, public drunken behavior and the illegal distribution, production and sale of liquor.

If you have been charged with any of these crimes, 1000Attorneys.com can help you find a pre-screened lawyer who specializes DUI charges in California. All Attorneys are insured and monitored by a process approved by the California Bar Association and the Supreme Court.

Any punishment or penalties assigned by the court in a California DUI / drunk driving case is separate from the repercussions possible at the DMV. The California DMV will suspend the driver’s license for a minimum of four (4) months for a first-offense (1st) DUI / DWI arrest if the driver loses the hearing.

The DMV will suspend the driver’s license for one year for a second offense (2nd) and two years for a third offense (3rd). These are the repercussions faced by California drivers who submit to a chemical test of their blood or breath. In the case of a refusal, the DMV punishment is increased: a first-offense (1st) will trigger a one-year suspension with no opportunity for a restricted license.

A second offense (2nd) with refusal will result in a two-year suspension, and a third offense (3rd) will cause a three-year suspension.

Originally published here.

For even the most seasoned attorneys, defending DUI cases has always presented special challenges. Today, due to legislative developments, the introduction of incredibly sophisticated blood alcohol-testing technologies, and an increasingly harsh prosecutorial climate, mounting a successful defense is more difficult than ever. That’s why attorneys rely on Drunk Driving Defense.

Written by Lawrence Taylor and Steven Oberman, Drunk Driving Defense has been selected as the official textbook of the National College for DUI Defense and is generally considered to be the standard-bearing reference in the field.

Drunk Driving Defense ensures that you understand the chemical, biological and technological concepts and issues underlying DUI prosecution and defense. Rely on authors Taylor and Oberman to bring you up to speed in key areas including:

The key defects inherent in blood and breath analysis and testing.
The correlation between blood alcohol concentration and actual impairment.
The effects of stress and cold weather on alcohol absorption.
How fermentation of the blood sample may raise blood alcohol levels.
The affect of acetone in breath tests taken by diabetics and dieters.
Possible errors in breath analysis due to FI (radio frequency interference).
The effect of trauma from an automobile accident on alcohol elimination
And more

Drunk Driving Defense, Sixth Edition contains dozens of practical tools to streamline and simplify the complex DUI defense process. And now, they are all included on a free bonus CD-ROM – so you can locate, review and print them out in a matter of seconds.

Drunk Driving Defense, Sixth Edition