Los Angeles DUI Lawyer Blog

Police officers are always right... wrong! At Hoffman and Associates, our law firm has successfully defended thousands of driving under the influence cases. One of our effective strategies is to attack and challenge the credibility of the officers observations, statements and conclusions being used against our clients.

You may be unlucky enough to have been stopped by the police for allegedly committing a vehicle code violation, but it is not necessarily true. The main thrust of an officer's education at the Academy is how to build a case against suspected violators. Officers are taught from the beginning that they must always justify and build a case.

One of the major areas of challenging the officers observations is to point out to the prosecutor, judge or jury, that although the officer will testify from the witness stand, or by the statements in police reports, that his credibility must be established like any other witness, despite the fact that he is a police officer.

Prosecutors, like police officers, like to act like these observations are completely objective, and accurate without question. Nothing is further from the truth. An officers observations and conclusions are really nothing more than subjective. The difference is very significant. Clearly subjective opinions by all people, including police officers, must be considered by looking at their personal influence that could motivate anyone to color their opinion. These types of statements he are much more susceptible to error.

An example of these concepts is the fact that in defending thousands of drivers stopped on suspicion of driving under the influence, I have rarely ever seen an arrest report where the driver successfully passed all of these coordination or field sobriety tests. Since the officer has probably never met the suspected driver before the night of the arrest, she has no idea of that persons coordination or ability without any alcohol to compare his coordination at the time of his stop.

Considering the diversity in alleged DUI drivers performance on different field sobriety tests, why is there a common and universal type language, used in almost all police reports. Slurred speech, red watery bloodshot eyes is always present.

Showing the similarity of the officer's statements in a majority of his arrest attack the accuracy of his observations and erodes the credibility of the officers testimony. It is essential that you or your legal counsel carefully scrutinize the accuracy of this critical evidence being presented against you.

A lot of my clients during a consultation ask me why it is important to have a Los Angeles Criminal Defense attorney when they have been arrested for a hit and run case. While it may seem straightforward to appear before a judge, the benefit of a knowledgeable attorney representing you not only reduces your stress but may lead to a reduction or dismissal of your case.

An attorney is able to gather more information regarding the incident from the authorities rather than if you attempted to do so yourself due to the valuable reputation they have built with the many judges and prosecutors in Southern California. Such information like; How much damage was there?, was there injury to the other party? Were the injuries major or minor? These facts are crucial in preparing a powerful defense. Additionally an attorney can contact the opposite party and explore the option to compromise out of court. If the opposite party is willing to reach an agreement outside of court and will be reimbursed, the criminal defense attorney can prepare a civil compromise which greatly increases the chances of the criminal case being dropped.

An attorney can also give you valuable advice on what to say and when it is best to decline not only in court before the Judge but also to your insurance company. One such case that was handled by our office involved a case in which we had the charge reduced but the DMV refused to acknowledge this reduction insisting that they must charge high rates. After much discussion between the insurance company, DMV and our office we were able to reduce the rates to the normal amount.
The attorneys at Hoffman and Associates have had years of experience, and this experience is reflected in the expert manner with which we argue your case. Our thirty years of practice have given us a solid reputation among the courts of Southern California allowing us to extend this as a benefit to your case.

There is a very crucial difference between a DUI arrest and a conviction, one that leads to very different consequences.

A DUI arrest is an allegation made by officers that they have facts supporting a guilty finding for driving under the influence. An arrest doesn't mean that you have been found guilty, it simply means that officers feel that you were driving under the influence and it still remains to be proven. The law will presume you are innocent until you are proven guilty. If you are found guilty in a court of law by either an entered plea, a judge or jury trial, then you will be convicted of a DUI. Until that point, there is no conviction but merely an arrest.

The consequences also have stark differences. With a DUI arrest there is nothing on your record and you are not required to disclose this information to any institution or employer that asks about your criminal record. Remember, a DUI arrest is not on your record because you have not been found guilty of the alleged DUI.

When convicted of a DUI the consequences it has on your life is a lot more intense. You are required to report it to any institution or employer that asks for your criminal record. The DMV will also be notified and will result in a reconsideration of your driver's license and an increase in your auto insurance rates. Additionally, if you are not a natural citizen of the United States then your immigration status may be affected.

An experienced Los Angeles DUI attorney strives to ensure that your DUI arrest doesn't result in a conviction. The consequences of a conviction in comparison to an arrest can significantly change your life.

Over twenty years ago the legal determination of when a person was found to be drunk in excess of the legal amount was based on impairment. That however, is not the case anymore. Modern DUI law uses an objective amount of Blood Alcohol Level (BAC) to determine when a person is excessively drunk and in violation of the law.

Too often the mistake that many people make is to assume that they are not impaired and are able to drive after having a few drinks. This is the first decisions that leads to a DUI arrest and in many cases a conviction.

If a person was found to be unable to walk a straight line, or bring themselves to focus, they would be arrested for a potential DUI conviction. Now the law has changed and is based on a model that relies on a presumptive number. Through the use of a sobriety test, authorities will conclude if you are in violation of DUI law if your BAC is .08% or over. There is no requirement of impairment. Furthermore, prosecution has no duty to prove that you were impaired, only that your BAC was over .08%.

We encourage people to understand this crucial distinction. You may feel as if you are in complete control of your senses and are not the least bit impaired, but your BAC can still register over .08% and found to be in violation of the law.

An experienced Los Angeles DUI attorney has handled thousands of cases in which the defendant was not feeling the least bit impaired but was found with a BAC over .08% and consequently charged with a DUI. A powerful argument from a knowledgeable attorney will ensure that the judge understands your lack of impairment despite the BAC. Take precautionary steps to ensure that your freedom is protected and remember that even if you do not feel impaired you may still be charged with a DUI in the state of California.

The credibility or believability of an officer saw summations and statements should never be considered totally accurate or correct. It is essential that all statements declare fully scrutinized and challenge by her attorney in a DUI or other criminal case.

Very often when our attorneys are reviewing police reports with our clients, major and minor factual discrepancies appear with no rational explanation. Although it's easy to assume that the clients, or person being charged with the offense is lying or fabricating to make themselves look better. There is often another reasonable explanation.

Although police officers are employed to protect and serve the community, and hold themselves out as neutral and unbiased people, that is not always the case. Police officers also have an agenda... that is to build a criminal case against a suspect who he has determined to be guilty.

Unfortunately, that is often not true. Officers frequently make errors in judgment, make flawed observations, as well as mistakes in identification. Officers are subject like anyone else to make the same kind of errors, and their conduct should always be carefully scrutinize by the same standard any other witnes

For example, in a DUI case, once a police officer suspects someone as a DUI driver, he rarely considers any other alternative explanation for their impairment. Sickness or other physical disabilities are rarely considered as an explanation for their conduct or unsatisfactory performance.

Police officers are goal oriented, and strive to build a case against a suspected drunk driver, often making errors in observations, as well as interpretations of what they see. In truth, they are not unbiased, or neutral observers. This is critical when your face with a serious ramifications of arrests. We feel that a drivers recollection of the events are just as valuable, as that of any officer. It is critical that you consult an experienced Los Angeles DUI lawyer who can challenge the truth of any observations or conclusions, and fight for truth to prevail.

California Vehicle Code 23600 prohibits driving with any measurable amount of alcohol in your system if you are currently on probation for a DUI. This section of the Vehicle Code is referred to as the Zero Tolerance Law.

Prior to January 2009, the aforementioned section allowed a Judge to revoke probation unless the person violating probation agreed to serve at least 48 hours in County Jail, in the situation that the zero tolerance law was violated and the Blood Alcohol Level (BAC) was over a .04%.

The current law, however, has gotten a lot stricter. If you are now caught violating the Zero Tolerance Law, the DMV will automatically suspend your driver's license for a year. Additionally, the new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of the person who is caught driving with a BAC over .01%.

In light of the new law , it is now more important than ever to hire an experienced Los Angeles DUI and Criminal Defense attorney who has defended thousands of probation violation and DUI cases. There is a crucial 10 day time limit to request a DMV hearing, which will determine the status of your license. If a DMV hearing is not promptly requested, you may lose your opportunity to state your case to a DMV officer resulting in a revocation or suspension. The knowledgeable attorneys at Hoffman and Associates prepare a powerful defense specific to the facts of your case that you obtain the best desired outcome possible. Our thirty years of experience are reflected in the solid reputation we have built among the many Judges and Prosecutors in the Criminal courts of Southern California.

Continue reading "How does California's Zero Tolerance Law affect my Probation Violation in a Los Angeles DUI case?" »

When a person is charged with a Los Angeles DUI case they are required by state law to be placed on a minimum of 3 to 5 years of Summary Probation along with a fine to be paid and a rehabilitation program to be completed. In some cases jail time will also be required.

There are two types of probation, informal and formal. Informal probation is generally the case for first offense misdemeanor DUI charges. It is unsupervised whereas formal probation requires the supervision of a deputy probation officer and is usually part of a sentence in more extreme felony charges of DUI.

There are two type of probation violations: external and internal. An internal probation violation results when a person fails to complete the required rehabilitation classes or pay the required fine. An external violation results when a similar crime is committed within the probationary period.

When probation has been violated a warrant is put out for the person's arrest. Sometimes the court will send out a notice, but oftentimes there is no notice, just an arrest. The judge is not required to reinstate the probation and has the discretion to add additional sanctions for the violation, including jail time.

An experienced Los Angeles DUI attorney has appeared on hundreds of probation violations cases. At Hoffman and Associates, we appear on your behalf in front of the judge, decreasing the possibility of being arrested in court. One of our most recent clients with a probation violation got the probation reinstated without additional sanctions or any jail time. After 30 years of practice, we have built a solid reputation before the criminal judges in Southern California. The value of this reputation is reflected in the outcome you want. Contact our office for a consultation without cost of obligation and learn what we can do for you!

In California the courts tend to prefer drug treatment over a jail sentence for those charged with drug offenses. The hope of the court is to rehabilitate the offender rather than punish them by a sentence which could increase the probability of a second offense. Depending on the specific facts of your case an experienced Los Angeles Criminal Defense attorney will be able to tell you if you qualify for one of a few alternative sentences.

Many drug offenders qualify for Proposition 36. Proposition 36, California's Substance Abuse and Crime Prevention Act, allows those that have simple drug possession charges and are first or second time offenders to complete a substance abuse program instead of serving jail time. The programs are quite extensive and may include up to one year of education classes, therapy, inpatient or outpatient care and up to six months of aftercare.

Another alternative that may be available is referred to as a Deferred Entry of Judgment (DEJ). When granted a DEJ, the defendant pleads guilty, but is not convicted. The case is put on hold for 18 months and set aside. The defendant must then complete six months of a substance abuse program as well as avoid any additional convictions or charges. After 18 months are over, and the six months of a substance abuse program have successfully been completed, the charge is wiped clean.

The defendant also has the option of completing a Supervision and Treatment program. The program is divided into stages and as each stage is completed the defendant receives additional freedoms. At the end of the program, the charge is dismissed if the defendant has adhered to all guidelines and followed all requisite stages.

One of these alternatives may be available to you in which case your charges could be dismissed leaving your record completely clean. Consult a knowledgeable Criminal Defense attorney who has been practicing for over thirty years and has dealt with thousands of drug possession cases. The attorneys at Hoffman and Associates make daily appearances in all criminal courts in Southern California and have built up a solid reputation in the legal community, a value that is reflected in the zealous advocacy our attorneys provide and the desired results we get our clients. Give our office a call today, and give your case the best possible chance in getting dismissed.

An experienced Los Angeles Criminal Defense Attorney has extensive knowledge of the defenses that may potentially apply to a marijuana possession charge. Consequently the case may be dismissed so that you have no conviction on your record.

Most defenses will only be helpful in cases where the amount of marijuana found in possession was less than an ounce. When it is such a small amount, there is a higher chance to persuade the Judge and Prosecution to dismiss or reduce the charges with a powerful and strategic argument. Hoffman and Associates has handled thousands of cases concerned with drug possession over our thirty years of practice. Many have led to dismissal due to the successful and zealous advocacy of our skilled attorneys.

Our attorneys immediately get to work preparing a defense that will most benefit our clients. We begin negotiations with the prosecutor right away and discuss the opportunity for informal diversion. Informal diversion is an agreement that the defendant will attend Narcotics Anonymous or similar meetings in exchange for the charges being dropped. It is far better than court ordered, formal Judgment because it avoids lots of time, and costs as well as the charge itself.

Additionally in many cases the evidence found, i.e, the marijuana, may not be admissible in court if it was seized illegally and in violation of your fourth amendment rights. In this case, it would be difficult for prosecutors to bring a case against you and will result in reduced or dismissed charges.

In many cases, skilled attorneys who know the prosecution and Judges well, like Ron Hoffman, are able to plea bargain with the prosecution to drop the higher charge of possession in exchange for the defendant pleading guilty to a smaller charge, which is often an infraction.

If no defense seems plausible, an attorney might strategize to ask for a jury trial depending on the specific facts of the case. All defendants in criminal cases have the right to a trial by jury. However, for cases as small as those with less than an ounce of marijuana, prosecution rarely expends the time and expense it takes to carry out the trial and will usually dismiss the case.

These are a few of the methods in which a marijuana possession charge under one ounce may be reduced or dismissed. An attorney with a solid reputation and years of experience will give you the best possible chance at obtaining the outcome you desire. The attorneys of Hoffman and Associates have been fighting on behalf of the rights of clients in similar situations as you. Come meet with one of the attorneys today, we are confident you will find the legal representation you are looking for and can have confidence in.