At Los Angeles DUI Lawyer, we are fully equipped to guide you through every step and over every hurdle in the process of winning your DUI case. However, it is also important that you understand the process enough to avoid unnecessary confusion and costly mistakes that can result from misinformation.
In that interest, we present to you below the major stages, or steps, involved in fighting a California DUI charge:
- Scheduling Your DMV Administrative Per Se Hearing
Hire us before the 10 days to schedule your DMV Hearing! DO NOT CALL THE DMV ON YOUR OWN. After your DUI stop and arrest, you were given a pink temporary license that is good for a maximum of 30 days . In order to avoid losing your driving privileges, you must schedule a DMV hearing and prevail on the Administrative Per Se Hearing to get your license suspension set aside. While the DMV hearing is completely separate and distinct from the actual court case, if you win the DMV hearing and later get convicted of a DUI in Court, then your license will be suspended BASED ON THE COURT CONVICTION.
First and foremost we will schedule the hearing by calling the DMV within 10 days of your arrest to schedule your Administrative Per Se Hearing. It is important to understand that these are not "business days," but actual calendar days which means weekends count so don't sleep on your rights.
Your temporary license will give you instructions on what to do, but the information listed there can be confusing and hard to interpret to the uninitiated. What we are requesting of the DMV is a "stay of the suspension and an Administrative Per Se Hearing." A stay allows you to continue to legally drive while waiting for the outcome of your hearing, even if the hearing date is past the 30-day limit on the pink slip you were given. As the hearing can be one to three months after the arrest date, you may well be waiting for a couple of months for a decision by the DMV to suspend your driving privileges or not. This wait time gives your DUI defense lawyer the ability to build a solid defense for your court case.
- Obtain a Copy of Your Police Report
While scheduling your DMV hearing, our office will request a copy of the DUI portion of the police report. It is usually the case where we will be sent the police report about 10 days before your scheduled Administrative Per Se hearing. If your DUI involved a traffic accident, you or I may be able to get an accident report even earlier.
The police report will be prime evidence used against you at your DMV hearing and/or trial, so it is important that your defense attorney has access to it as soon as possible. I send all my clients a copy of their police report so they can review it to better understand the charges filed and the evidence against us. The report will contain such information as:
- The reason the officer chose to stop your vehicle;
- Your driving behavior as observed by the arresting officer;
- A checklist of which "intoxication symptoms" you displayed;
- Your performance on the field sobriety tests;
- Your BAC as determined by the PAS (roadside breathalyzer);
- Your blood or breath test readings post arrest;
- The serial number of the breathalyzer used, so its maintenance records can be checked;
- Your answers to questions the officer asked you.
The police report will already have been given to the DMV and to the prosecution. It is important that the defense be able to utilize it as well. You also need to compare the "testimony" of the police report to how you remember the arrest.
Ask yourself such questions as:
- Were you informed of the reason for the pull-over at the time?
- Did anyone else witness the arrest taking place or your driving just prior to it?
- Did the arresting officer observe you for 15 minutes, as required by law, before you took the breath tests?
- Did you burp, belch, vomit or regurgitate, or do anything else that might have thrown off the breath test results?
- Were you read your Miranda Rights?
- Did the arresting officer seem to be inexperienced and unsure of the proper protocols?
- Did the officer make any unusual or inappropriate comments?
- Winning Your Hearing and/or Trial
You will likely get anywhere from a dozen to two dozen letters/pamphlets from DUI defense attorneys sent to your home via jail mail. All these attorneys are turds. They didn't give two shits about you before your arrest and now they are sending you unsolicited mail into the sanctity of your own home?! What if you wanted to keep the arrest from your family members and or roommate(s)?
Defending oneself is not the best option when facing a DUI charge. DUI's to the untrained seem to be a very easy area of the law to defend. Nothing can be farther from the truth. Public Defenders are at your disposal should you not have the funds to hire a private defense lawyer to fight your DUI matter. However, Public defenders are often too busy and overloaded with work to give adequate attention to your case, and often are less experienced in the intricacies of a solid DUI defense..
The experienced DUI defense lawyers of Los Angeles DUI Lawyer can give you the advantage of an accurate case assessment of your matter and competent legal counsel. We will investigate your case thoroughly and demand and conduct a meticulous legal discovery process to obtain important information about your case in order to evaluate the strength of the prosecution's case. We will find and exploit and violation of your rights or of police protocols that took place and challenge the Blood or Breath results with independent tests.
We know how to do everything possible to win your DMV hearing, and if a Jury Trial becomes necessary, we can argue your case to a Jury to seek an acquittal of all charges. If that is not possible, we also have well developed negotiation skills to use in securing a favorable plea bargain that can reduce your charges/sentence considerably.
Although the prosecution sets the terms of probation in the offer to settle the case in exchange for a "guilty" or "no contest" plea on your part, the fact that you have skilled defense attorneys fighting on your side will often induce the prosecutor to come to a reduction in terms. This is especially so if we have already exposed weaknesses in his/her case.
Typical negotiated plea agreements include such things as a reduction to a "wet reckless" or "dry reckless" charge, elimination of or reduction of jail time, reduced fines and fees, a reduction in the length of the alcohol program, dismissal of other terms of probation such as the Hospital and Morgue Program and/or Mother's Against Drunk Driving class. Some prosecutors will try to "scare" first-time offenders with jail time, but imposition of jail only applies to repeat offenders. They may also act as if they won't negotiate or as if their case is stronger than it really is, but at Los Angeles DUI Lawyer, we have seen it all before. We know how to call the prosecution's "bluff."
And remember, Jeff Voll has achieved over 100 cases completely Dismissed in One 12 Month Period. No other lawyer in Los Angeles County can make that claim. So why bother with any other Los Angeles Defense Lawyer!
Contact Us Today for Help
For more information on the California DUI process or for a free consultation regarding the details of your case, do not hesitate to call Los Angeles DUI Lawyer anytime 24/7 at 424-281-3020. We have the legal expertise and the familiarity with the local L.A. court system it takes to secure for you the best possible outcome to your DUI case.