Los Angeles DUI Lawyer Blog

When a person is arrested on suspicion of DUI, they will be tried before a Court of justice. The Prosecutor must demonstrate beyond a reasonable doubt that all elements of a DUI are met. A person cannot be convicted of a DUI if each element is not proven beyond a reasonable doubt.

For a DUI, the Court must determine that the driver was in fact operating a vehicle, and the person was intoxicated under the influence of alcohol or drugs. Officers must have reasonable cause to pull a person over. Probable cause is often a violation of the California Vehicle Code.

For example, a driver is driving down the street and fails to stop at a stop sign. An officer pulls him over. The officer has probable cause in this situation because the driver ran a stop sign. Once the driver violated a section of the California Vehicle code, the officer has reason to stop him at any time.

Let's consider another example. Dan is driving down the street and stops at a red light. Once the light is green, he proceeds within the lane at the legal speed limit and is pulled over by an officer. When he asks the officer as to why he was stopped and pulled over, the officer asks to see his registration. Once the officer notes that the registration is current, he walks around the car before he comes back to Dan and says that Dan's light looks like it might be out. He has Dan check his lights, and learns that one of the lights are in fact out. The officer then questions Dan about a drinking.

In the second example, the probable cause is questionable. Dan was following all laws and had current registration. The officer was also not sure if the light was out, but had Dan check, and then determined after the fact that the light would be the reason Dan was pulled over. There will be a valid argument that can be made in Court.

There is however, one exception that the officer has to have probable cause to pull a person over and question them regarding a DUI. If there are checkpoints, officers may randomly stop people and check for intoxicated persons. They do not have to have a reason for probable cause, they can pull drivers over and randomly screen them for intoxication.

If you have been arrested on an alleged DUI charge and were stopped at a DUI checkpoint, it is in your best interest to speak to a Los Angeles DUI Specialist. There is little room to argue the requisite element of probable cause. However, that does not mean you will be found guilty and convicted of a DUI. There are other elements that may be weakened by a strong defense. With the help and guidance of an experienced attorney you will be able to assess your case for other areas that will be prone to weakness and may render your case dismissed or reduced.

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!

The California legislature has enacted regulations to govern the actions of officers during a DUI checkpoint. Checkpoints are appearing more frequently these days in an effort for the Police Department to not only reduce the number of Drunk Drivers on the road, but to bring to the attention of the general public the consequences of a DUI. If procedures are violated by officers during a DUI arrest, your case may be dismissed.

When a DUI checkpoint is to be employed, there must be a warning given to drivers. Drivers must be put on notice prior to the checkpoint and not just stopped without knowing what the checkpoint is for. Additionally, there must be a turnout prior to the checkpoint, so that those drivers who chose not to proceed through the checkpoint do not have to. Those drivers who decide to turn around and go another route may not be stopped solely for having chosen to turn around.

The cars that are checked during the checkpoint must be in a random, impartial formula. It is permissible to stop every fifth car or so, but it would be in violation if officers stopped cars upon their choosing. Safety conditions must be monitored at the checkpoint site, and the checkpoint must take place at a reasonable time, place and day. Finally, if detained, the length and nature of the detention must not be obtrusive.

These regulations are put in place in an effort to protect your Fourth Amendment rights. If any legislative procedures are violated or not properly followed, there may be a violation of your constitutionally protected rights. A Los Angeles Criminal Defense attorney knows the complexities of the Constitution and the rights of officers during a routine DUI checkpoint and can properly inform you if your rights have been violated and whether you have a strong case or not. Don't take the chance of having a DUI on your record, speak to a knowledgeable attorney today to learn about your options and prepare a powerful defense that will ensure your rights are protected and get you the outcome you desire!

Lately, DUI checkpoints have become more frequent and common throughout the Southern California area. LAPD has announced that they are focusing more on bringing awareness to the consequences of a DUI. This means that they are launching more DUI checkpoints and making more arrests so that the general public understands that DUI arrests and convictions will be taken more seriously, and sentenced appropriately.

The LAPD feels that by having more checkpoints and more attention given towards arresting people who are drinking and driving. The mere warning of a checkpoint and its presence deters many people from having a few glasses and getting behind the wheel. It is important to be aware of where these checkpoints are and on which nights. Many websites and through the use of Twitter now inform drivers where these checkpoints are located.

Many times a false arrest is made in a DUI checkpoint, where officers inadvertently arrest someone who cannot be found guilty of a DUI and does not have a case. There are strict guidelines and procedures officers must follow during a DUI checkpoint to make sure Fourth Amendment rights are not violated. If an officer violates one of these regulations, your case may be dismissed or reduced.

An experienced Los Angeles Criminal Defense attorney is familiar with these legislative guidelines and after a brief assessment can advise you about the strength of your case. It is your constitutional right to have a criminal defense attorney defend you in the court of law, and to help ensure your rights are protected. Exercise your right and options and assure that you are not charged with a DUI that can easily be dismissed or reduced due to the error of law enforcement!