Los Angeles DUI Lawyer Blog

Many of our clients proclaim that the officer had no reason to stop them while driving and administer a field sobriety test. The reason may be any number of things, but our clients hold that those are false allegations. If there is no actual probable cause for an officer to pull someone over, then they cannot charge you with a DUI. Some common causes that officers cite for pulling a person over include: weaving in and out of lanes, broken taillight, not indicating before turning, and not staying within the lanes. If a person is stopped for doing any of the aforementioned violations, plus any others, an officer has a right to stop the person and ask the person to complete some field sobriety tests if they feel it may be necessary.

In the absence of any valid reason to stop a person, the officer has no right to do so. The police report will list the reason the person was initially stopped. When a person claims that there was never a reason to stop them, it is the officer's word against our client's, which brings up the issue of credibility. Generally the officer is taken to be accurate in his report, and his or her word is to be taken as truth. The person charged however, does not have as much credibility for many reasons, including the assumption that they were intoxicated at the time of the report.

When a person claims that there is no probable cause, it can often be difficult to prove. For example, say a person is stopped by an officer because they were weaving in and out of lanes. The officer stops the person, and notices symptoms of intoxication and administers a field sobriety test. The person is found to have a relatively high BAC and is taken into the station and charged with a DUI. Later on the person hires a Los Angeles DUI attorney and claims they were not weaving in and out of lanes, and therefore the officer had no right to stop them.

This would be difficult to prove when it is the officer's word against that of the person charged, unless there are witnesses to corroborate the story. There may be other passengers in the car, or there may be friends who are following them and watch as the officer stops the driver. In these situations, they may be able to make an argument, but there will always be an element and doubt for bias.

Oftentimes it is difficult to disprove what is written in the police report, but there is certainly room to try. An experienced and knowledgeable DUI attorney can explain all possible defenses and its probability for success in an obligation free consultation.

Under California Penal Code 10851, a person is guilty of Grand Theft Auto if they drive or take a vehicle that is not their own, without consent, with the intent to temporarily or permanently deprive the owner of the title or possession of the vehicle. Those found guilty will face a felony conviction and a sentence of jail time and/or fines.

Additionally, in 2009 Court's were authorized to impose an added penalty of a suspension or revocation of driving privileges by the California Penal Code. The court's are not required to provide a specific period for which your license may be suspended or revoked, but have the authority to leave it open with no set ending date.

This means that if you are convicted of Grand Theft Auto, you will not only face a felony sentence of jail time, and/or a fine, but you may also face a separate penalty from the DMV. An experienced Los Angeles Criminal Defense Attorney has handled many cases in front the DMV, including thousands of DUI cases.

A powerful argument is not only necessary in the courtroom, but in regards to your driving privileges as well. If you use a car to get from home to work or school, a revoked or suspended license will add unnecessary hassle to your already stressful life. A California Criminal Defense attorney will provide evidence and effective argument to persuade the Judge and Prosecution to allow you to keep your driving privileges, or in the very least have the use of a restricted license.

Although the law is relatively new, a knowledgeable attorney who specializes in DUI has been fighting for a client's right to keep their license for years as it is a required sentence in all DUI convictions. As a result, many people have retained their rights, and avoided jail time even with serious DUI convictions through the use of a Los Angeles Criminal Defense attorney.

We have all heard the phrase "plead the fifth" being employed in numerous scenarios. The meaning is derived from the Fifth Amendment of the United States Constitution. The Fifth amendment protects your right to remain silent, consequently, not say anything that may later incriminate you during trial or otherwise.

When stopped on suspicion of driving under the influence, you always have the right to not say anything self incriminating. Self incriminating can be anything, admissions, confessions, as well as statements, that may be used later in court against you.

It is the officers' job to search for evidence and build a case against you. They may do this by searching your vehicle and asking you direct questions that may lead to a confession. You are not required to answer any questions besides those identifying you and those related to your vehicle registration and insurance. In the scenario that you are asked questions, it is perfectly legal to politely decline.

If you are not sure of whether you were within your Constitutional rights during a DUI stop, consult a knowledgeable Los Angeles DUI attorney. The Southern California Criminal Defense attorneys at Hoffman and Associates can analyze the facts of your specific case and provide you with an assessment of your options and potential consequences.

The new Ignition Interlock law enacted in Los Angeles County seems to be vague and lacks a precise plan for enforcement by the DMV. Due to it's novice nature, many loopholes have been unaccounted for and many questions remain unanswered.

According to the specifics in the law, you are required to install the device into a vehicle that is owned by you. However, people are exempt from installing the device into their vehicle if they provide the DMV with a written notice of the fact that they have no ownership of a vehicle, that they have no access to a vehicle at his or her residence, that they understand that they must inform the DMV of any changes in their situation, and acknowledgement of licensing and IID requirements.

So if you do not own a car or have access to one, you would not be required to install the device. The DMV is also not requiring those people who drive a motorcycle to install one either. Additionally, many of our clients ask us about the law if they do not reside in one of the counties participating in the pilot program, but were arrested in one that does, or vice versa.

A knowledgeable Los Angeles DUI attorney can help you answer all of the questions you may have as well as prepare a strong defense against installing the device in your car. It seems that even the DMV is not sure of how the enforcement and implementation of this law will go, leaving much room for a well prepared argument in your favor!

As most terms in the legal field, the word Possession is loosely defined, and as a result many different scenarios may fall under the appropriate meaning for Possession when it comes to a possession charge.

Typically possession will include any drug that is found on your person. This is referred to as physical possession. If it is in your pocket, in your shoe, etc, it will be considered on your possession. This, however, constitutes the simplest definition of possession.

Any type of drugs will also be in your possession if they in an area within your immediate control. This is referred to as constructive possession. If it is in your vehicle, in your trunk or in your purse, it will still qualify under the requirements. It will also be considered constructive possession if someone else is carrying it on your behalf.

When it is constructive possession, it is harder to prepare a defense, but not impossible. A knowledgeable Los Angeles Criminal Defense attorney knows all potential defenses that are available to you and which one has the strongest argument based on the specific facts of your case. If you want the best possible results on your case, be sure to hire an attorney that has plenty of experience and knows how to fight in your favor !

Many of our clients are curious to know if a marijuana conviction would affect their car insurance. Generally, a marijuana conviction will only affect your car insurance if you were arrested while driving under the influence. If you are arrested for possession, then it is not likely that your car insurance rates will go up.

Any arrest that involves driving or a violation of the law while driving will result in your auto insurance rates being increased. Driving while under the possession of marijuana is a more difficult case to prove, because there is no set standard or test to determine whether someone is under the influence or not. Additionally, if you are arrested for a DUI, you are not the one responsible for notifying the DMV, the arresting officer will do it.

If you are arrested for being in possession of any type of drugs including marijuana, this may affect other aspects of your life, such as obtaining a loan, applying for jobs or higher education, but the DMV will not be concerned with it. Additionally, if you are arrested for being in possession, there may be several defenses available to you.

A Los Angeles Criminal and DUI Defense attorney is well versed in the different kinds of law that may affect your case. Your specific facts may allow your case to be reduced or dismissed if the proper powerful argument is made. An attorney may also represent you before the DMV to negotiate your driver's license which may potentially affect your insurance rates. Be well prepared for your court date so that you can get the results that you need!

With the increased number of Ghosts, Goblins and creatures of the night wandering the streets of Southern California, it is necessary that there also be an increase in the number of officers patrolling the streets. This Halloween time, enjoy yourself but make smart decisions.

Due to the number of parties going on, there is sure to be an increased number of people driving while intoxicated. The number of DUI checkpoints will increase and officers will be on the lookout for any reasonable cause to pull someone over. If pulled over for a DUI remember your rights. If you come across a DUI Checkpoint, be sure to protect your Fourth Amendment rights and ensure that officers follow their legislative guidelines and procedures. An experienced Los Angeles Criminal Defense attorney can advise you on whether or not your rights were violated and if the case may potentially be dismissed.

Officers also hand out an increased number of drinking in public tickets and public nuisance citations. Officers want to make a statement and let party goers know that they are not going to put up with slack due to the nature of the holiday. If you are cited for a drinking in public ticket, or something similar, understand that it can have serious consequences. It will be a misdemeanor but with the right Los Angeles Criminal Defense attorney it can be reduced to an infraction or possibly dismissed.

Enjoy this time of year and be safe. If you have been arrested, hire an attorney to prepare a powerful defense so that your case may be reduced or dismissed!

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.

With all the celebrations going on during this time of year, it is a great time to get together with family and friends, but it is also a time of year when there is an increased amount of arrests. Many people are out and about on the streets, especially during block parties and holiday events. However, it is illegal in the State of California to have any alcohol in public. This means that you are not allowed to be consuming alcohol or have it open on public streets, and outdoors.

If you are stopped by officers for an alleged drinking in public violation, be familiar with your rights. You do not have to inform the officers as to what you are drinking, you may politely decline to comment. Much like your rights during a DUI stop, you have the right to remain silent and to refrain from saying anything that might be incriminating.

Based on the surrounding facts of your arrest, your case may be strong or weak. For example, if officers have no proof that you were in fact drinking, then you may have a stronger case that could lead to a dismissal. If officers have statements and solid proof that you were in possession of alcohol on a public street, then your case could be very weak. An experienced Los Angeles criminal defense attorney has the knowledge and background to prepare a powerful defense on your behalf, whether your case is strong or weak. By coming to court prepared and ready can lead to a dismissal or reduction in charges. A small charge such as drinking in public may seem like it is not an issue, but the truth is that any offense on your record can cause hassle and trouble in the future. Keep your record clean and give yourself the best chance of obtaining your desired outcome!

Los Angeles DUI Attorneys are not created equally. There are vast differences in and attorneys skill, expertise, and years of experience. When you have been arrested for a drunk driving case in Los Angeles, it is essential to have the protection and representation of a highly experience DUI Attorney.

Not only do attorneys have vastly different levels of skill, there is also a wide range of legal fees being charged. In general, the least expensive lawyers, typically have the least experience. When your freedom is on the line, going for representation by an attorney with little experience is never a good idea.

It is attorneys experience that makes the big difference between and an excellent result and a so so result. That being said, paying a very high attorneys fee does not guarantee a dismissal either. Carefully screening an attorney, and asking important questions, allows a potential client to develop a fuller understanding of the attorneys real level of experience in a courtroom, handling cases similar to yours.

There is no substitute for years of courtroom experience. Potential clients should query the attorney they are considering hiring by asking how many years they have been practicing, how many drunk driving cases have been handled, how frequently they go to the courthouse where your case is scheduled, and how familiar they are with the prosecutors and judges in that courthouse. It is always a good idea to take detailed notes when interviewing potential attorneys, so you can compare and contrast this information, as well as their relative fees.

Besides those factors mentioned above, there is one other essential subjective factor that plays a very important part in your decision. The lawyer -client relationship can certainly last a number of months or longer. It is vital that you feel comfortable talking to the attorney, and get a good sense that they are willing to take the time to explain legal concepts and strategies of how they would proceed in defending you, should you choose to retain them.

Your choice of an attorney to defend you when you have been charged with a DUI, is the most important decision you can make towards successfully resolving your legal problem.

A lot of my clients ask me if they made the right statements during their DUI arrest. Any statement you make will go onto the arrest report and can be used against you when you appear before the judge.

Arresting officers have a right to ask investigative questions. It is their job to build a case and to gather as many facts as possible. You have the right to not say anything self incriminating. While you are required to give the officer your basic information, name, address, driver's license, insurance, etc., you are not obligated to answer all of their questions pertaining to your evening.

Officers will ask you if you have been drinking, where you were that evening, how much you had to drink, how much you had to eat that evening and any other questions that will help them build a case against you before the judge. You are not required to answer any of these questions.

Often people will feel that if they do not comply with officers, that they will be treated rudely, or charged with not being compliant. Furthermore, how can they avoid these questions without feeling guilty. It is most important to remain courteous and respectful throughout the whole process. When you do not wish to respond to a question, simply tell the officer that you are sorry but really wish to not answer that question, or decline to comment on that.

The sobriety test given at the scene of the arrest is also not required. You can decline giving that test if you wish to do so without incurring penalty. However, the test given at the station is required by law and you do not have the option to decline.

An experienced Los Angeles DUI attorney is well versed in what statements are incriminating and which statements are better left unsaid. Once having been said and put on record a DUI attorney is also knowledgeable on which arguments will prove most powerful in minimizing the brevity of any such statements. Perhaps in the future, exercising your right to not comment will be the most powerful defense tool yet.

One of the most significant consequences that a DUI conviction may have on your life is that it may change your immigration status. When it comes to Immigration law, the Immigration Judge has a great amount of discretion on his decision as it is not objectively outlined in the Naturalization and Immigration Act.

While many drug offenses and more serious criminal offenses will most likely lead to deportation or revocation of your status, a DUI is much more subjective. The Judge will decide based on several factors if the DUI will prevent you from obtaining or maintaining your status. He or she will often consider your criminal record, how long you have been in the United States, your family situation, job history as well as other aspects of your life.

If you only have one DUI on your record and nothing else, chances are it won't have much of an effect on your Immigration Status. However, if you are on your third DUI and were on probation, the Judge will seriously consider deportation or terminating your status as either a citizen or Legal Permanent Resident.

The best way to assure your immigration status remains protected is to reduce or dismiss the DUI itself. Criminal court is very different from Immigration court and the Immigration Judge does not have the ability to reduce your DUI charges. Hiring an experienced Los Angeles DUI attorney will ensure that someone who knows the field very well can provide a powerful defense in order to give you the best possible chance of having your charge dropped or reduced.

Keep in mind that a simple DUI conviction can affect many aspects of your life. Having your immigration status reconsidered is something you want to avoid at all costs.

A lot of my clients ask me if they made the right statements during their DUI arrest. Any statement you make will go onto the arrest report and can be used against you when you appear before the judge.

Arresting officers have a right to ask investigative questions. It is their job to build a case and to gather as many facts as possible. You have the right to not say anything self incriminating. While you are required to give the officer your basic information, name, address, driver's license, insurance, etc., you are not obligated to answer all of their questions pertaining to your evening.

Officers will ask you if you have been drinking, where you were that evening, how much you had to drink, how much you had to eat that evening and any other questions that will help them build a case against you before the judge. You are not required to answer any of these questions.

Often people will feel that if they do not comply with officers, that they will be treated rudely, or charged with not being compliant. Furthermore, how can they avoid these questions without feeling like you appear guilty. It is most important to remain courteous and respectful throughout the whole process. When you do not wish to respond to a question, simply tell the officer that you are sorry but really wish to not answer that question, or decline to comment on that. Officers will try to push you and say that they smell the alcohol on you, or that they can tell you have been drinking. Despite their comments, you are not required to respond.

They may also ask if you would take a sobriety test for them. The sobriety test given at the scene of the arrest is also not required. You can decline giving that test if you wish to do so without incurring penalty. Many officers will tell you that if you take the sobriety test, they will let you go. Beware, this is not always the case.

An experienced Los Angeles DUI attorney is well versed in what statements are incriminating and which statements are better left unsaid. Once having been said and put on record a DUI attorney is also knowledgeable on which arguments will prove most powerful in minimizing the brevity of any such statements. Perhaps in the future, exercising your right to not comment will be the most powerful defense tool yet.

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.

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.