Los Angeles DUI Lawyer Blog

California law prohibits the possession of marijuana. That being said, there are many different laws with different consequences depending upon the quantity of marijuana possessed. The most common type of violation is 11357(B) of the Health and Safety Code. This section covers possession of marijuana under one (1) ounce total weight.

The maximum penalty for this misdemeanor offense is $100 plus penalty assessment or court tax. Although the majority of drug possession and sales offenses result in arrest, this offense only results in a citation to appear in court.

It is common for many people caught in this situation to just to plead guilty and pay the small fine to just get it over with, when they have been found to be in possession of a small quantity of Marijuana, This is a big mistake. Although seemingly minor, this guilty plea results in a misdemeanor conviction that goes on your criminal record. Even minor drug offenses like this, can create undue embarrassment, and have a negative affect if discovered, including loss of employment or not getting that job you want.

Our firm of experienced drug defense attorneys use preventative strategies, including narcotics anonymous classes in advance of any court date to show the prosecutor and judge the positive side of the client's new awareness. Frequently, we are able to persuade the prosecutor to accept this effort as a form of rehabilation, thus creating an informal diversion program.

Although discretionary, this strategy has worked very successfully for many of our clients, and results in having the misdemeanor drug charge totally dismissed. The benefit of this strategy is that it creates no negative effect upon the clients criminal record or potential employment.

As a DUI specialist with over 30 years of daily courtroom experience defending thousands of cases I am always dealing with clients' concerns over their "out of state prior DUI convictions."

For many years those clients who were convicted of DUI's in other states, were "lucky" because California rarely saw these "out of state DUI convictions." With the advent of the internet, states frequently now have information they never had before regarding prior convictions. The California Department of Motor Vehicles (DMV) has become part of an Interstate compact having mutal access to other states driving records.

California also shares its driving records with most other states. This recent change has created issues for some of our clients who have been arrested for DUI's in California, but who have previously been convicted of DUI's in another state. When prosecutors become aware of these "out of state priors" they have the discretion to alledge these as prior convictions. The purpose of doing this is to enhance and increase penalties for the current California DUI charge.

Secondly, clients may face enhanced license suspension problems in California (even for those with out of states licenses), as a result of prior DUI convictions in other states.

This new policy of interstate reciprocity, although not universally accepted, can cause some drivers who have been arrested for a DUI in California to face increased sanctions in the Court, as well as longer possible periods of driver's license suspension.

Our firm specializes in representing drivers who have been arrested for drunk driving charges. Many of our clients run into legal trouble when visiting California for business or pleasure.

A skillful lawyer with an understanding of these potential issues and consequences of out of state priors and out of state driver's licenses, can minimize or eliminate these often unpleasant surprises when handling a DUI case.

California hit-and-run law states that any person involved in a traffic accident, regardless of fault, resulting in any property damage or personal injury must immediately stop and exchange license, registration and insurance information with the other party. Failure to do so will result in the commission of a misdemeanor or felony hit and run offense.

Accidents can happen to anyone... but leaving the scene of an accident without exchanging information can result in a criminal prosecution.. If you are convicted of a misdemeanor or felony DUI, you can face possible penalties, if convicted, which include jail time, probation, fines and community service. Judges and prosecutors do not like people leaving the scene of an accident, especially if somebody is injured . The law requires drivers to stop and offer aid, as well as exchange necessary license and insurance information.

There are many reasons that people involved in traffic accidents choose not to stop and exchange information. Very often fear is the motivating factor. Common reasons clients have told me that they have not stopped is that they have no insurance, or that they are under the influence of alcohol and drugs and are afraid of being arrested and afraid of confrontation from the other driver.

Hiring an experienced hit-and-run attorney can mean the difference between being prosecuted or not. For over 30 years, the attorneys at Hoffman and Associates have helped hundreds of clients who have made the mistake of leaving the scene of an accident without exchanging information.

One very effective method our office has used for many years is that of a Civil Compromise. Essentially this is a legal technique where the alleged victim after being fully compensated for any medical bills, property damage or rental car expense agrees to a dismissal of any pending charges. A document is prepared called a Civil Compromise, which is submitted to the court for approval.

Although, not universally accepted and very often over the objection of the prosecutor, we have been very successful at convincing judges to accept a Civil Compromise and effectively terminate any pending criminal prosecution, resulting in a dismissal of all charges

Early intervention by an attorney, interfacing with the victim and showing a client's good faith to make amends, very often reduces the other driver's anger and frustration. The sooner the contact is made providing your insurance information, or willingless to compensate the other party for any of their damages, the happier they will be. The result will be a greater willingness to sign a Civil Compromise agreement which is the foundation for a complete dismissal of all pending or potential criminal charges.

Every driver arrested on suspicion of driving under the influence of alcohol or drugs in California with a blood alcohol level of .08% or greater, or those refusing to take a chemical test by a peace officer, face suspension of their driving privileges between four months on a first offense DUI, to three years for a third offense.

Every driver arrested on suspicion of driving under the influence with a .08 or over, or those refusing to take a blood-alcohol test are all subject to the Department of Motor Vehicles commencing immediately allow action to suspend your driving privilege. This action which is called an administrative per se suspension proceeding gives notice to drivers of the departments intent to suspend a driver's license as a result of their arrest.

For over 10 years the Legislature has enacted what is commonly referred to as a stop and snatch law. This law authorizes police officers to physically snatch or take a DUI suspects Drivers License and forward it to the DMV to commence suspension proceedings.

A temporary drivers license is issued to the driver which contains important notice about DMV laws and procedures including the most important which is the requirement drivers request a hearing within 10 days of the date of arrest to contest the impending suspension action.

A DUI and DMV attorney can protect your valuable drivers license from being suspended. There are many legal and procedural defenses which are attorneys use to fight the DMV every day and save our clients freedom to drive.

The decision to suspend or not suspend your drivings license is based uopn whether the police had probable cause to stop you and whether you had a BAC (Blood Alcohol Level) of .08% or more. An experienced Dui And DMV Specialist can fight the DMV to save your license.

A failure to appear can result from a variety of different circumstances, including not appearing in court after receiving a ticket or moving violations by the date or deadline listed on the violation citation. Signing the bottom of a ticket for a moving violation is acknowledging that you promise to appear by the court date set on the ticket. Another common reason for clients receiving failures to appear is by not paying your fine or completing your community service by the date set by the court.

A bench warrant is similar to a failure to appear, except they are ordered by a Judge in a misdemeanor or felony case. Once a bench warrant has been ordered, a bail amount is set by the judge. Essentially a bail or bond amount is the amount of money that must be posted by the person in custody to obtain their release. There are two ways to a obtain a person's release who is in custody. The most common way is to retain the services of a qualified bail bondsman who can obtain one's release for a fee of 8 to 10% of the bond amount. Frequently a bondsman requires some security like owning a house or other property in the jurisdiction where the person is in custody. Another less frequently used method is for the bond amount to be posted by paying the face value with a cashier's check or money order. There is no loss of any of this money and no fee is charged by the court as long as the defendant makes all scheduled court appearances and is in full compliance with court orders.

Common causes of bench warrants are failing to appear in any scheduled court date or failing to comply with a court order like attending and alcohol program, paying a fine, completing community service or showing progress on any term or condition of probation. Another common source of a bench warrant is having the defendant violate his probation by being arrested for a similar charge or other offense.

Hiring an attorney experienced in clearing a bench warrants or failure to appear is always a good investment. Frequently an attorney skilled in the matters can convince the court that there are mitigating or extenuating circumstances for the client not appearing on time or completing court ordered obligations. The obvious benifet is to eliminate or reduce negative consequences.

Although it is not uncommon for clients with outstanding bench warrants or failures to appear to be fearful of going to court, and possibly been put in jail, it is always advisable to correct any such circumstance as soon after one becomes aware of any violation of a court obligation that has been accidentally or purposely neglected.

Our firm has cleared thousands of failures to appear and bench warrants restoring our clients to good status and preventing their arrest, losing their license, or other unpleasant consequences.

Being arrested is a painful and traumatic experience. Unfortunately, if you've been arrested for a driving under the influence case you now have to navigate your way in an unfamiliar and complicated maze of laws and procedures in the court and at the DMV. Our firm of experience attorneys specialize in representing Clients for over 30 years facing the same challenges as you. There is no substitute for experience in a Courtroom.

A DUI specialists has studied the specific laws pertaining to the offense of DUI cases.Just as important we know know the legal procedures and Courtroom etiquette required to successfully navigate your case through the legal system.

Clients benefit from being represented by experienced courtroom lawyers who spend much more time in a court room than they do in an office The average attorney spends most of the day in an office...not us..

The benefit of being represented by an experienced courtroom attorney is that their years of experience have solidified strong relationships with prosecutors and judges which lay a valuable foundation for a successful resolution of any legal problem.

DUI Specialist, like those in our firm, have the ability to read the feelings and probable slant or attitude of the prosecutor or judge towards a particular clients case way in advance of a client's first court date. This allows for beginning to start developement a defense strategy, instead of waiting for a Court date and loosing valuable time.

A DUI attorney is trained to look for errors, specifically in DUI cases. Arrest reports,breath and blood tests (to determine the alcoholic content of your blood) are frequent sources of procedural and scientific errors which can form the basis of dismissals and reduced charges. Common errors, are not only present on the surface but many are beneath the surface and not obvious to an untrained eye. Beyond finding errors, it is crucial that the attorney representing you knows how to effectively use these errors to benefit their clients by getting cases dismissed and reduced.

Most new clients of our firm are surprised by the complexity of issues arising out of a DUI arrests and the potential harshness of the legislative range of penalties facing those persons facing prosecution..

It is important that all drivers who find themselves in the unfortunate situation of being arrested for a DUI, choose the protection of being represented by a skilled and experienced counsel who can minimize or eliminate the harsh effects of a DUI conviction.

The police start building a case from the moment they first see a vehicle that draws their attention. Officers are required to have probable cause to stop a vehicle. In a DUI case that usually means that the officers must observe one or more Vehicle Code violations like speeding, lane straddling, talking on your cell phone, following too close, seatbelt violations, failing to stop for a stop sign or light and other similar violations.

Although my clients often question or disagree with the police officers observation of a violation, one is required for a valid stop. Most people aren't aware that one of the guidelines that the police use to determine a drivers impairment is their ability to promptly produce their drivers license, insurance and registration. A drivers response to this request is frequently a source of the officers observation of impairment by the driver.

Having practiced as a DUI Specialist for over 30 years, I have become increasingly aware of my client's misunderstanding of the law regarding what is required,and what is not required by a driver stopped on suspicion of driving under the influence.

The law does not require a driver stopped on suspicion of driving under the influence to answer questions asked by an officer, other than to provide personal information regarding their identity, address, and drivers license, registration and insurance information. Once a criminal investigation has focused on an individual suspect, they have a constitutional right to remain silent and not make statements that may incriminate themselves. Unfortunately, many drivers during a police investigation make statements that unnecessarily worsen their situation and help the officers build a stronger case against them.

The law also does not require a driver in this situation to admit to drinking or using drugs. There is no reason to make such admissions regardless of whether that is true or not. Suspected DUI drivers are frequently asked by officers to submit to a Preliminary ar Alcohol Screening Test at the scene of the stop. This test is not required by law and eventhough most of my clients feel that they would pass these tests, that is often not the case. This also builds further evidence as to the level of alcohol in the driver's bloodstream.

Statements indicating that you're coming from a bar or nightclub also are not necessary. Clients often feel that the Field Sobriety Tests or coordination tests will prove to the officers that you are not impaired. Client rarely pass these difficult and challenging coordination tests and it provides the officers with additional confirmation of the drivers impairment.These tests are also not required by law and therefore we would not recommend drivers in this situation providing officers additional opportunities to build a sronger case against you.

When a driver is stopped on suspicion of driving under the influence, the Law in
California DOES require a driver to submit to a Breath or Blood Test to determine the alcohol content in their bloodstream. This is a legal requirement and failure to complete one causes greatly increased penalties, including mandatory jail time and a much longer period of License Suspension. In our experience a Breat Test is preferable to a Blood Test since it is somewhat less reliable.

Be polite, respectful and cooperative with the police. Don't engage in a conversation, but merely answer those questions and do those things as outlined above.

Don't help the police build a stronger case against you. By following these practical tips, you can really help the police build a weaker case. Know your legal rights and protect yourself by excercising your Constitional Rights !!!

As of July 2010, there will be a lot more at stake for those convicted of Drunk Driving violations. Prosecutors in Los Angeles County and three Northern California Counties will require repeat offenders convicted of driving offenses involving alcohol to install into their vehicles an Ignition Interlock Device. The law will be effective until January 2016 with additional limitations for second and third time offenders to follow later this year.

The Ignition Interlock Device is a device that is installed into the dashboard of a car and requires that the driver blow into the machine before the car can be started. The Ignition Interlock Device will not allow the car to start if the amount blown into the device registers a blood alcohol level over a preset limit. Often the device will require that rolling tests be performed. This means that the device will ask for the driver to blow into the device after he or she has started driving at five to thirty minute intervals. This will ensure that the driver does not have a sober friend blow into the device for them, or they do not start drinking after they have started the car and begun driving. The device will store all results of tests which can be downloaded and provided to law enforcement. Monthly maintenance is required on the device to ensure that it has not been tampered with and to download reports and document the amount of failed tests.

In addition to being a hassle for the driver, an Ignition Interlock Device will be quite costly. The expense of maintenance, installation and rental will fall upon the Driver. Although prices will vary, one can expect to pay a rental fee from $70 to $100 along with an installation fee of $100 to $200 and extra expenses can be expected. These devices are often required to be maintained for about one to three years or for as long as the driver attends an alcohol program.

Although over the years Judges have intermittently required installation of the Ignition Interlock Devices, it appears that the trend is towards making repeat offenders install these devices. There is still uncertainty as to the actual implementation of the proposed programs, which remains far from uniform. Good arguments can be made for you to avoid installing the device. For example, if you can prove to the court that the vehicle is not registered under your name, you may be able to avoid its installation. This will help avoid the nuisance of installing the device in your own vehicle, especially if you use a company car. Additionally, it will prove to be inconvenient and often embarrassing during carpools and other social outings. Please be aware of these recent changes in legislation for these new requirements for repeat offenders. Learn the facts and details and be prepared before the law comes into effect.

Information taken from:
New driving laws take effect in 2010 , Southern California Public Radio, February 9, 2010
Tougher driving laws, higher fees enacted statewide this year, Valley News, January 8, 2010
Ignition Interlock Device

Have you ever heard the saying... you don't really appreciate something until it's gone. You soon realize that having your drivers license suspended by the Department of Motor Vehicles immediately shakes your world. When you realize that having a drivers license is a privilege, not a right. The three most common ways my clients qualify for the drivers license to be suspended are:

1. DUI and having a blood alcohol level of .08% or more.
2. Being determined by the Department of Motor Vehicles to be a negligent driver by being convicted or pleaded guilty to violations that result in your getting four points in a 12 month period or six points within a 24 month period.
3. Failing to appear for a traffic violation or other traffic related misdemeanor.
4. Failing to pay your fines or fees to the court for a traffic violation or other traffic related misdemeanor after promising to do so.

Promptly hiring an experienced traffic court lawyer who specializes in clearing up or avoiding the DMV suspensions can prevent your valuable drivers license from being suspended or revoked.

Each of the above categories which may have caused a license suspension require different skills and procedures for clearing them up and creating an opportunity for our clients to have their driving privileges fully reinstated.

Tearing up the above issues in a timely fashion can avoid jail time, costly and greatly increase fines and preventing the loss of that all too important drivers license which gives us the freedom to live and work in California.

After being a Traffic Court Attorney and DMV specialist for over 30 years, I am regularly consulted by potential clients after they have received a letter from the Department of Motor Vehicles notifying them that their driving privileges will be suspended due to excessive violations. This resulting in an excessive point count hitting their driving record resulting in a license suspension.

DMV law provides for a six-month suspension which essentially means no driving at all for those drivers pleading guilty to or been convicted of infraction violations which add up to four points within a 12 month period or six points within a 24 month period of driving.

Typical moving violations are one point each if they are an infraction. Misdemeanor violations like driving under the influence carry with it two points. Also violations like misdemeanor hit-and-run also carry two points.

California licensed drivers are entitled to a hearing in front of the Department of Motor Vehicles to contest the suspension of their driving privilege. It is crucial to realize that once the DMV has sent a driver a notice of an impending suspension that they only have 14 days to respond. The time starts to run, not from the receipt of the notice, but from the mailing date on the DMV letter. The purpose of this request is to contest the suspension from taking place. Unless a written or telephonic request is received by the DMV within 14 days from the date of mailing , the driver is not entitled to a hearing and essentially waives his right to contest a six-month suspension of their driving privilege.

At a negligent Driver Hearing, a representative of the DMV called a hearing officer (who is not an attorney, but an employee of the DMV) will examine the driving record and carefully review the source of each violation or point counts received which is the basis for the impending suspension. Patterns of violations and poor driving, like excessive speeding or other violations cause great concern to the DMV, that continued poor and unsafe driving creates hazards to all other drivers on the road.

Considering the critical need for most people living in Los Angeles, or surrounding counties to have a driving privilege, and the importance of this decision it would seem advisable to immediatley seek the counsel and advice of an experienced traffic Court attorney. Experienced legal counsel can assist you in avoiding a six-month suspension of your drivers license by presenting sufficient facts and evidence to the DMV of your rehabilitation, excessive miles driven, and change in attitude about the importance of obeying all of the traffic laws and not receiving any further violations.

Another very effective strategy our firm has used over many years to prevent our clients from having their license suspended is seeking to reopen previous cases and withdraw pleas of guilty, And either contesting the charge on the merits or seek to qualify the driver to have the point removed from his record through the successful completion of traffic school. By successfully removing the point from the drivers record avoids the threshold Point count which require the DMV to consider a suspension.

Driving is a privilege, not a right ,and it is important to protect this right by being aware of the frequency of your moving violations received and the correlated point counts that could result in a license suspension. Most importantly, consider making the necessary adjustments in your driving habits to avoid moving violations which ultimately could result in a loss of your freedom to drive.