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October 10, 2011

Los Angeles DUI arrest..What Are my legal Obligations And What is Optional ?

California law requires any person, as a condition of obtaining a California drivers license, to submit to their choice of a chemical test, either breath or blood it stopped by the police on suspicion of driving under the influence of alcohol and/or drugs.

When this law when it was enacted many years ago was talking about a breath test subsequent to a driver's arrest on suspicion of driving under the influence of alcohol or drugs or the combined influence.at that time, for instance, there was only a breath test administered at the police department. Now, drivers are frequently asked at the scene of their stop, too blow into a preliminary alcohol screening device, commonly known as a PAS TEST. This screening device, currently being used by the majority of police departments in Los Angeles has been determined by Los Angeles DUI defense lawyers to lack the accuracy it purports to have.

This test is not required by law, and is used by law enforcement to screen once blood-alcohol level prior to the test at the station, or a blood test typically drawn at a local hospital. Officers rarely, accurately advise drivers stops for DUIs that this test is optional, and not required by law.

Failure to submit this to a preliminary alcohol screening test, has no negative legal consequences, compared to failing to submit to a breath or blood test which includes mandatory jail time and substantially increased license suspension potential.

Another example of commonly misunderstood legal requirements are the field sobriety tests for coordination which are administered two suspected drunk drivers to determine their level of impairment by their performance on a series of coordination and mental acuity. All police officers are trained at the Academy to instruct and evaluate suspected DUI drivers. It's interesting to note since our firm has specialized in DUI defense for over 30 years, that after reading thousands of arrest reports, that they were here to be similar line which like red watery eyes, slurred speech, present in nearly all of these reports.

Drivers are commonly told, that if they pass these fields writing tests they will be free to go. The majority of suspected DUI drivers thinking they are not there submit to these tests, and ultimately build evidence against themselves, since rarely have I seen a driver pass.

It may surprise you, that these field sobriety tests are not mandatory, but are completely optional. There are no negative legal consequences for refusing these tests.

May 9, 2011

Fighting Drunk Driving Charges Involving Low Blood Alcohol Readings in Los Angeles Courtroom's

California state law prohibits anyone from driving a motor vehicle when your driving ability is impaired under section 23152 (a) of the vehicle code. Drivers are also prohibited under section 23152 (b) of the vehicle code to drive a motor vehicle when their blood alcohol level is a .08% or more.

Whether you take a breath test or blood test after being stopped and arrested on suspicion of driving under the influence, the seriousness of your case relies in great part on the readings obtained at the time that you were stopped and tested.

A criminal prosecution for this charge carries serious consequences including probation, fines in excess of $1500, required attendance at a lenghly alcohol program, and a range of other consequences.

The strength of the prosecution's case involving driving under the influence, is based on the probable cause for the stop, the driver's performance on a series of field sobriety tests, their blood-alcohol level, both at the scene, and at the station or hospital. The drivers record can also substantially affect the willingness of the prosecutor to reduce or dismiss any case.

The legal level of blood-alcohol as stated above is important as a benchmark for the prosecutor and the defense lawyer to negotiate. The closer the driver's blood-alcohol rate is to the legal limit, the weaker the prosecution's case. The higher the driver's blood-alcohol over legal limit can significantly build a stronger case for the prosecution who will seek greater penalties typically, then those cases involving lower readings.

There seems to be a growing trend in certain judicial districts, to file drunk driving charges even in cases where one of blood-alcohol is less than an 08%. Arthur recently was retained to represent a driver who although had a blood-alcohol rate of 07%/07% was charged with a 23152 (a) V C. In this case, our firm was able to persuade the prosecutor based upon our clients good record to dismiss the charges of DUI, and allow the driver to settle the case, but to a substantially lower charge.

April 4, 2011

Getting Your Los Angeles DUI Case Dismissed ! ! !

Client always asked me at our first consultation, whether or not it is possible to get the their recent DUI case dismissed. I provide each client with an honest answer, that is, it depends. The law requires that for a driver to be convicted of a driving under the influence charge, certain legal requirements must be properly proven.

Regardless of a drivers blood alcohol level at the time that they were stopped on suspicion of driving under the influence, the police must legally justify a traffic stop by specifically identifying the vehicle code violation committed by the driver which gives rise to a lawful stop. This critical foundation is known as the principle of probable cause. Essentially, every DUI stop is required to have sufficient probable cause, or legal reason.

The absence of probable cause requires dismissals are granted, when it is determined by a prosecutor, judge, or jury that the officer lacked probable cause to justify a stop. Our firm recently represented a client who was stopped by the police for driving without his rear license plate illuminated. The driver was arrested for DUI because he had a blood alcohol reading of .18, over two times the legal limit. This case was ultimately dismissed on a defense motion when the driver and two passengers contested the police allegation regarding the light. The judge determined that the officer lacked probable cause to stop the driver because he believed that there was in fact a working license plate light as testified by the driver and his witness/passengers.

Another powerful argument for dismissal can be based upon the fact that although the breathalyzer machine that the driver was tested on appeared to be working, the maintenance and accuracy records obtained through subpoena showed a different story. A careful review showed a flawed and questionable accuracy of the machine that tested our clients breath for alcohol content. These independent maintenance and accuracy records showed an unacceptable percent of error uncovered by an independent agency trained to determine the accuracy of all tests performed by the police department.

A drivers blood alcohol level is the cornerstone of the prosecutor's case. When this essential building block, it determined to be unreliable, it creates an irreparable flaw in the states case which ultimately leads to a dismissal by the prosecutor.

The above reasons, are but a few of the challenges that are put to the prosecutors, making them prove their case by justifying that the police be held to the highest constitutional standards of law.

March 18, 2011

How Can I Attack the Accuracy of a Blood or Breath Test in Los Angeles?

When a person is charged with a DUI, the government makes their case using all evidence gathered during the arrest. This evidence will include the officer's report and observations as well as the reading from any blood or breath test taken. These two pieces of evidence will make the bulk of prosecution's case against a person, therefore if either account is inaccurate; it is in the best interest of the defense to argue its validity.

The accuracy of a breath test can be argued by demonstrating that the machine has not been properly calibrated, or it is running insufficiently. This is done by subpoenaing the maintenance records and reviewing them. If the machine has been used for a long time without having been checked for accuracy, there may be a weakness in prosecution's case.

The reliability of blood test results may also be argued. This is done by questioning the lab that has done the testing. The lab may have contaminated the sample, may be biased, or may have even tested the sample inaccurately. To obtain a valid, accurate sample, the person charged with the DUI has the right to have the blood sample tested by an independent lab. They also have a right to go to their own doctor and have their blood tested. However, this does weakens the strength of the blood sample as evidence because many hours have passed since the original arrest. Consequently, the sample will not reflect an accurate reading of the Blood Alcohol Level.

An experienced Los Angeles DUI attorney has successfully argued thousands of Driving Under The Influence cases and knows exactly how to weaken prosecution's case. A detailed analysis is conducted regarding the validity of the police report and the alcohol screening test that was administered. If there are any weaknesses or possible causes for invalidity, a knowledgeable DUI specialist will be sure to expose them to the government. A powerful defense will reduce the amount of evidence the government has against a person and result in a reduced or dismissed case.

March 14, 2011

The Law of Implied Consent ... Knowing Your Rights And Obligations After Being Arrested For Driving Under The Influence of Alcohol in California

California law requires drivers as a condition of issuing them a license to submit to a chemical test if requested by a police officer when one has been stopped on suspicion of driving under the influence of alcohol or drugs. Drivers have a choice to submit to a breath sample or blood sample to determine the alcohol content, if any, in their bloodstream.

This is implied consent law makes it a separate aggravating circumstance to a drunk driving case, if the driver either refuses or fails to complete one of these two tests. The law requires not only that the driver suspected submit to a test, but requires completion of a test culminating in a result. One's effort, for example by blowing into a breathalyzer machine is not sufficient unless a result is obtained. If a driver will not, or cannot complete the test chosen, then they must submit to the remaining text.

Should a suspected driver failed to submit to and complete a blood alcohol test to determine the alcohol content, or drug presence, they will be also charged with a refusal. This enhancement, can not only result in mandatory jail time, but subjects the driver to greatly enhance license suspension. For example, a driver who has been arrested for a DUI takes a breath test with a result of .24. This driver should only receive a one-month suspension of their driving privilege as long as they enroll in an appropriate alcohol program.

A driver either refuses, or fails to complete a blood alcohol test of their breath or blood face a license suspension of one year. Essentially their punishment is 12 times harsher than having taken a test, even with a high alcohol score.

Clearly, based upon the above example, it should seem obvious that complying with the requirements of implied consent law, rather than refusing to complete a test, has dramatically less severe consequences.

Should your case go to trial, and you have refused to take or complete a chemical test, the jury in most cases would be instructed that failure to comply with this law may show your consciousness of guilt. This additional negative inference, can often weigh extremely negative in the minds of many jurors. Our Los Angeles DUI firm has defended drivers under these circumstances, for many years, and prefers its clients to have less charges against them.


November 21, 2010

Legal Defenses to Refusing a Blood Test During a California Driving Under the Influence Arrest

When you are stopped for the suspicion of driving under the influence of alcohol, you are asked to take either a breath or chemical test at the site of the arrest. Additionally, you are asked to take a test at the station once you have been taken into custody. If you refuse to take the breath test, or are unable to, you will be required to take the blood test. If you refuse to do so without a valid reason you may be additionally penalized.

If you have refused to take both tests, there may be some legal defenses that will work in your favor. An experienced Los Angeles DUI attorney can prepare a powerful defense that will help strengthen any possible arguments that you may have.

One possible defense is if you have a fear of needles and cannot take the blood test. If you are able to prove the fear, you may have a strong argument in your favor and the refusal may be set aside. Additionally, if the facility is not clean, or you feel that the needles or equipment used to administer the blood test is not sanitary, you will not be required to take the test and may refuse.

It is also important to note, however, that if you are unable to take the blood test you will be asked to take a breath test. If you are able to take a breath test, but refuse to do so, it will weaken any defense you may have.

Consult with a knowledgeable Los Angeles Criminal Defense attorney to assess the specific facts of your case and to learn what options are available to you.

November 8, 2010

DUI Breath And Blood Testing... Which is a Better Choice After Being Arrested For a California Drunk Driving Case

This is a very good question. There are two kinds of chemical tests under California state law to determine a driver's blood alcohol content (BAC) at the time he was stopped on suspicion of driving under the influence of alcohol, drugs, or both. Until recently, there was also a urine test which was part of the drivers choice of tests. This test after many years. was eliminated by the legislature due to their determination that this type of test did not meet the high standards of accuracy required by the law.

There are two remaining tests which a suspected drunk driver has to chose from. These tests are the blood and breath tests. The blood test, which most experts view as the more accurate of the two because this test essentially through a direct analysis, measures the percentage of alcohol in the blood drawn from a suspected driver.The result is a blood alcohol concentration or bac which is directly correlated to the language of the law prohibiting blood-alcohol levels of .08 or over.

In addition, if the suspected driver is also under the influence of a drug, a blood test or urine test is the only way to determine their presence. A breath test is only capable of measuring alcohol.

The breath test, has been determined by the federal government under title 17 to be sufficiently accurate for blood-alcohol testing of suspected DUI drivers. Current models of these sophisticated machines have a very high accuracy rating, although require regular and frequent maintenance and calibration to be reliable. It has been determined that these machines have .02 allowable error range.These machines use heated gases and other very sophisticated techniques to convert one's breath into a blood-alcohol reading to be measured against the requirements of the law. These breath testing machines are subject to a variety of possible errors that make it more susceptible to generating inaccurate and erroneous results. There are two common types of errors. Operator errors occur when the officer fails to follow the specific steps prior to using the machine.

One example is that title 17 requirement that the driver be observed continuously for at least 15 minutes before the test is given. The purpose of this requirement is to prevent the machine from reading possible mouth alcohol present either from recent drinking or coughing, belching or regurgitating prior to the test which could overstate blood-alcohol present.This second type of error is also very common.

Our firm of DUI specialists, carefully inspect for each DUI case we defend the maintenance and accuracy logs before and after our clients has blown in to this machine. These errors can get cases dismissed or reduced in Court.

November 1, 2010

Drinking Smart in Los Angeles... Effective Strategies to Avoid Getting Arrested For Drunk Driving

There is nothing illegal about drinking alcohol. There or is also nothing illegal about drinking alcohol and driving. It is only against the law to drive a motor vehicle with a blood alcohol level (BAC) of .08% or more.

The state of California created this law under section 23152 of the vehicle code. This law has a number of different sections which make it illegal to drive a motor vehicle under certain circumstances. 23152 (a) V.C. prohibits any person to drive a car when their driving ability is impaired by either alcohol or drugs or the combination. 23152 (b) V.C. prohibits driving by those people who have a blood-alcohol level of .08% or more.

When I asked my clients how much they have had to drink, the most common response is with a number. For example, clients will tell me they had a couple of drinks, a few glasses of champagne etc. Our average client speaks of their drinks like they were all the same. Nothing could be further from the truth. This oversimplification, is what commonly gets my clients in trouble. Although, counting and keeping track of what one has to drink is important, what you are drinking is just, and maybe more important than just the number.

Be very careful, drinking beer which has an alcohol content of 12 -14% is not remotely the same as vodka, whiskey, or rum which can have 30% or more by volume of alcohol. Wine, like beer has a much lower alcohol content than other hard liquors. A driver who consumes three shots of tequila will have a much higher blood-alcohol level than one who consumes three glasses of wine or beer.

Mixed drinks can also get people in trouble, because unless you are making the drink yourself, you can never be certain of the amount of actual alcohol being mixed in your drink. For example, while drinking at a bar or restaurant, one drink could actually have two or more ounces of alcohol, while you're counting it as one drink.

It is also prudent and helpful to always combine food when you are drinking. The benefit of food is that it helps the body absorb the alcohol, and then eliminate the alcohol reducing your blood alcohol level (BAC) should you be stopped and ultimately tested by the police. All food is not created equally for the purpose of expediting, or speeding up the process of absorbing alcohol that has been consumed. Typical bar food, like pretzels, peanuts, and tortilla chips and salsa are not a lot of help. Studies have shown that protein rich foods like chicken, beef, and pork, as well as vegetables and protein dramatically increase the body's absorption of alcohol quicker. Also spacing of your drinks helps a lot too.

October 22, 2010

Potential DMV Consequences for Refusing a Chemical Test in a Los Angeles DUI

If you have been charged with a DUI and at the time of your arrest you refused to take a chemical test, then the consequences regarding your license may vary. A DMV hearing must be scheduled within ten days of your arrest. At the DMV hearing, an officer will review the facts of your case and determine what sanctions to impose on your license, if any. You have the right to have an attorney appear on your behalf at a DMV hearing.

If you refused to take a Chemical test that would allow the arresting officer to gather evidence regarding your Blood Alcohol Content, your potential consequences will differ from those that submit to the Chemical Test. You have a right to refuse to take the initial chemical test administered at the scene, but generally must comply with the test given at the station.

If you are over 21 years of age, and have been arrested the DMV may suspend your license for one year on a first time offense. For a second offense, you license may result in a two year revocation. For any third of fourth time offense, your license will result in a three year revocation.

For those that are under the age of 21 the potential consequences will be similar. An experienced Los Angeles Criminal Defense attorney may be hired, not only for appearances in court, but also to appear on your behalf for a DMV hearing. Your license is a crucial necessity in your day to day activities, and must be protected. Allow an attorney who is familiar with the process and has dealt with officers for over thirty years help prepare a powerful argument on your behalf that will ensure you don't have your license suspended for the full time period suggested by the legislation.

September 6, 2010

Attacking The Accuracy of The Blood Test in a Los Angeles DUI Arrest

Our clients frequently ask us whether blood-alcohol testing, whether by analysis of one's blood, or by the use of an approved breathalyzer machine at the police station is accurate. Blood alcohol testing in driving under the influence of alcohol cases is carefully regulated by the federal government under Title 17, setting forth specific guidelines for all blood alcohol testing, which must be scrupulously followed by the police, or hospital to ensure the accuracy of any sample taken and analyzed in a Los Angeles county DUI arrest.

The primary purpose of these procedures is to create a uniform set of guidelines to be followed, thus directing law enforcement throughout the state of California to adhere to these very specific government standards. In a Drunk Driving case where the defendant has submitted a blood sample to be tested for alcohol, or drugs, the government must document all of the specific procedures used from drawing the blood sample to having it analyzed by a state approved laboratory.

It is critical that an experienced Drunk Driving defense lawyer review the documentation and correctness of the procedures followed by the police in their client's case to ensure an accurate result. Firstly only state licensed clinicians, who have been properly trained in the specific procedures of drawing blood from a driver accused of driving under the influence are allowed to draw blood.

Some years ago, it was determined by the careful scrutiny of defense attorneys, that hospitals in preparation for drawing blood from suspected DUI drivers were using rubbing alcohol on a cotton in some cases to clean the area to be injected. It was determined that this would could increase the blood alcohol reading, thus making it unfairly and inaccurately too high. As a result of this finding, proper procedures were modified to require only the use of non-alcohol related cleaning and disinfecting agents were to be used.

Over the years, and as a result of errors, federal and state guidelines were modified to specifically and carefully identify the vials drawn from subjects, thus reducing the chance of mismatching one's blood to its donor.

Further, proper storage and refrigeration, as well as the use of an appropriate preservative to maintain the freshness of the blood drawn for evidence and possible retesting is required to keep the blood sample from being tainted.

Over the years, our office of DUI defense specialists have come across numerous errors in the drawing of blood which have resulted in dismissals and reductions of our client's cases. Every case should be carefully scrutinized to ensure the 100% accuracy of any blood drawn that is being used by the state to prosecute a driver.

June 7, 2010

Elements of a San Diego DUI Case That Make it Weak or Strong

The officer's observations in the police reports that he completes after an arrest, are the basis for determining the relative strength or weakness of the state of California's case against you.

In a driving under the influence arrest, the first critical element to evaluate is whether the officers had probable cause to stop you. In a DUI case, the more vehicle code violations the officers cite in their report create a stronger case for the prosecution. Vehicle code violations such as technical violations, like no license plates, or a tail light out although valid probable cause, create a weaker case for the prosecution.

Vehicle code violations like weaving, lane Straddling, or driving on the wrong side of the street, create a stronger case for the prosecution since they add a link for the prosecutor to build a case of a impaired driving.

Although citations for alleged violations are generally not issued for each separate violation, the officer is always seeking to list as many possible violations to build a stronger case against you. Eventhough a ticket typically is not issued at the time of arrest for any DUI, don't be surprised that the officer had listed each and every violation he claims he saw in your police report. Carefully reviewing this report can make you and your attorney aware of the numerous discrepancies contained in the report.

The field sobriety tests, or coordination tests are given by the police officer as a building block to show your lack of coordination and impairment related performance. Although it is always good to be cooperative, it is also important to know what is legally required, and that which is not. These field sobriety tests are not required by law, and since 90% of all drivers completing these do not pass in the officer's eyes, there seems little advantage to agreeing to perform these tests, which are challenging without consuming alcohol.

Your blood-alcohol testing or BAC level, is the contents of your alcohol level determined by a breath or blood test. You have a choice of completing either of these tests, and although the choice is yours, the law requires that you complete at least one of these tests when requested by a police officer who suspects that you have been driving under the influence.

The higher your blood-alcohol level above the legal limit of .08% creates a stronger case against you. Your statements about what alcohol you have consumed, or your admissions to feeling buzzed or impaired, rarely are favorable to making you look better. It is always good to refrain from making additional statements which further corroborate the officers observation about your level of impairment. Don't help the prosecutor build a stronger case against you.

March 1, 2010

Cailfornia DUI Numbers Increase, Government Takes A No Nonsense Approach

Just about a month into the New Year, we learn that the California Highway Patrol is taking a no nonsense approach to Drunk Driving. On New Year's Eve between 6 P.M and 6 A.M, the CHP arrested 108 drivers who were found to be intoxicated over the legal limit in Los Angeles County alone. This number has jumped up by 20 arrests since last year. These arrests include only those that were made by the CHP. The actual number arrested is higher when all local police departments are taken into consideration.

These numbers are from a single night, and when taken alone seem to be tolerable for a huge city like Los Angeles. However, there were seven fatalities in the county alone on that one night. That is seven people who lost their lives due to a careless decision, and innumerable amount of people who lost someone from their lives. The statistics from New Years Eve in Los Angeles County are analogous to those seen around the State of California. Government officials have not only taken notice to the alarming numbers increasing year after year, but are taking drastic actions to deter offenders and help protect the public.

Governor Arnold Schwarzenegger in a speech given on October 13, 2009 at the signing legislation AB 91 explained that it was crucial that we cut down on drunk drivers as it is becoming a serious problem in California. He noted that last year alone there were 1,335 DUI related fatalities and it was "inexcusable" that on a daily basis law enforcement arrested about 550 different drunk drivers which came out to more than 200,000 arrests a year. He further commented that he found it "outrageous" that 25% of these offenders were repeat offenders. As a result he has increased the amount of checkpoints, introduced new legislation and increased penalties to help decrease the growing problem.

Senator Bob Huff enthusiastically supported the Governor's concern by stating that there are 310,000 drivers on the roads in California that have has three or more DUI convictions and 44,210 have had five or more.

Don't be the one that gets arrested for a DUI this year especially with new legislation and more severe consequences. With changes being made, make the right decision after the fact. Understand the severity of the arrest, the impact it will have on all facets of your life and seek the appropriate legal help.

February 21, 2010

Arrested For a DUI in California... Protecting Your Drivers License

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.

February 11, 2010

California Drunk Driving Cases/How the Police Build a Case Against You

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 !!!

February 2, 2010

California Suspended Drivers License: Causes and Solutions

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.