Los Angeles DUI Lawyer Blog

The California Penal Code divides the Hit and Run statute into two sections.

California Vehicle Code 20002 requires a) a driver who causes damage to only property, including another vehicle to immediately stop the vehicle in a location that does not impede traffic or jeopardize the safety of motorists. It further requires that the driver b) locate and notify the owner of the property damaged of the current information as provided by the statute; if the owner cannot be notified or located to c) leave a notice in a conspicuous place giving the name and address of the driver along with a statement, and must notify the police department without unnecessary delay.

In contrast California Vehicle Code 20003 requires a) a driver involved in an accident resulting in injury to, or death of any person, shall give their current information as provided by the statute to the person struck, or any occupants of the vehicle collided with. Additionally, the driver of the vehicle must also render reasonable assistance to any person injured in the accident. The driver must also, b) provide identification as asked by the injured party or any officer at the scene.

When a defendant is charged under VC 20002 it will be a misdemeanor. Similarly, when charged with VC 20003 it will be a felony. Under either section, a Hit and Run case can have consequences that can greatly affect your life. With the proper defense a Los Angeles Criminal attorney can reduce a felony charge to a misdemeanor, and a misdemeanor to less. Our firm has represented hit and run clients for over thirty years, including a recent case which resulted in a successful disposition. Trust a skilled and experienced attorney who knows what you are going through and knows what steps must be taken to protect your freedom and good record.

For the government to create a strong DUI case against you , the case needs to have all requisite elements which create the Prima Facie case. There must be proper probable cause and a Blood Alcohol Level (BAC) that can be considered illegal under the appropriate vehicle code.

Probable cause is a complicated element. It is most commonly established by the manner in which you are caught driving. An experienced California DUI attorney has seen a plentitude of driving situations which have led to a DUI arrest and knows how to present the case so that it is most advantageous to the client. These are the benefits of hiring an attorney that not only specializes in DUI arrests, but has plenty of experience and knows how to handle each situation before the Judge.

Furthermore, there must be a BAC that is over the legal limit. Vehicle Codes 23152 and 23153 dictate the legal BAC. While the legal limit under VC 23152 (b) and 23153 (b) is set at .08%, it is possible to be charged with a lower BAC under section (a) of both sections of the Vehicle Code.

You may be arrested with a BAC of .07% and feel as if the government has no case against you, because you were under the legal limit. However, this is not the case. You may be charged under section (a) of VC 23152 or VC 23153 which provides no limit. This will be a charge recommended by the arresting officer. The case will then be sent to the prosecutor's office, and they will decide whether the case has strong merits to be taken further, or whether it will be dismissed.

An attorney who is focused on DUI defense can argue in your favor to show that a case under a BAC of .08% should be dropped. Additionally, experience will help an attorney know exactly when the elements of a DUI case have not been established and highlight the weaknesses in the government's case to the Judge. This will not only provide you with representation that you have confidence in, but also a high percentage that your case will have lower penalties, and possibly even be dismissed.

In order for the government to establish a DUI case against you they must meet all elements of a California DUI case. One of these is that the government must prove that you were driving while you had a Blood Alcohol Level (BAC) significant enough to warrant arrest. There are many different ways the prosecutor can prove driving, some situations more complicated and more difficult to prove than others.

The first, and the easiest is if you are driving and are pulled over. There are several situations in which directly caught driving will warrant for you to be pulled over and questioned in regards to a DUI. The arresting officer may pull you over for any vehicle code violation whether it is related to alcohol impairment or not. This will provide sufficient probable cause for the arresting officer to investigate for a DUI. When you are pulled over while driving and consequently investigated and arrested for a DUI, the prosecution will have no problem proving that your were driving while intoxicated.

When it isn't directly observed driving, it opens the door for more complicated arguments and perhaps a weaker case. When this is the situation, the prosecutor has to build the case circumstantially. They will have to create their case based on the surrounding facts, looking at any witnesses and statements made by the driver. If there are people who saw you driving and are willing to attest to that fact, the case becomes stronger for the prosecution. If you are found sleeping in the car at the side of the road, with the keys in the ignition and the radio on, the facts point to a strong presumption that you were driving. In contrast, if you are parked in a parking lot, sleeping in the back seat with the keys in your pocket, the government will find it more difficult to prove that you were driving and will have a weaker case.

There are innumerable situations, which create a diverse amount of arguments that can be made by both sides. An experienced attorney will know exactly how to present the facts so as to create the strongest possible case for you. Get the help you need to make sure the prosecutor will not present the facts in an unfavorable light to you, and get an attorney that will confidently weaken the government's case and present the facts to strengthen the defense.

When clients are unfortunately faced with being prosecuted for a DUI or other Criminal offense, it is not uncommon to feel overwhelmed and fearful about their rights, defenses and possible consequences they could face if they were found guilty.

The most important decision is selecting an attorney who firstly they trust, treats them with compassion and respect, And yet is completely honest. This lawyer should possess extensive experience and courtroom skill, as well as possessing long-standing relationships with judges and prosecutors which gives them a rich and deep understanding of the treacherous waters of the legal justice system.

Potential clients should be wary of attorneys who are not willing to explain their defense strategies for protecting you, but merely say 'don't worry, I'll take care of everything'.This keep you in the dark style of representation was popular many years ago in the legal community, but although still present among some attorneys, thankfully is in the minority.

Effective legal representation in DUI and Criminal cases should always be a partnership between lawyer and client. A lawyers job, and only job is to protect the best interests of the client by achieving the best results possible based upon the evidence gathered by the police, and any defenses, evidence, or witnesses the client has in their defense.

It is not unusual, that the client possesses the most valuable information possible, since frequently the client was present at the time of the alleged violation. Police officers, although theoretically are employed to protect and serve the community, are by no means a neutral as it or disinterested party. The suit comes ir observations, gathering her of evidence, and opinions can be tainted by their desire to build a case against you.

It is essential that you assist your counsel by being openand honest about everything you know about the charges against you, both favorable and not so favorable. A client should never withhold anything from his or her lawyer because of their fear, shame, or embarrassment. Lawyers are not here to judge, but to defend and protect. Keep in mind,that besides what a lawyer reads in any police report, very often the attorney is left with a certain impression of the case. It is always important for the client to provide as much information as they can to assist the legal counsel in properly evaluating and preparing your defense. This important information can often lead to dismissals,or reduced charges and penalties.

Lawyers need and appreciate information from their clients through a full and open disclosure of everything they know so they can use their skill in presenting all favorable information to the judge and/or prosecutor to obtain the best results.