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.

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.

There are many different categories of charges that are considered theft under the California Penal Code. Similarly, there are many different acts that will constitute Identity Theft. The Judge and Prosecution will consider two major aspects of the facts to determine the consequence of the charge. An experienced Los Angeles Criminal Defense Attorney, such as those at Hoffman and Associates, have seen thousands of Identity Theft cases and are familiar with the many different scenarios and defenses they entail. They are able to present a powerful argument focused on the two major components of an Identity Theft charge.

The first major aspect of the facts that will be considered is what it was that was stolen using the identity. Did the person use a stolen credit card to buy diapers for their baby in the amount of $20? Or did they take a $5,000 trip to Tahiti? When the value of the stolen item is over $400, it becomes a much more serious case and is generally tried as a felony. When the value is lower than $400, it falls at the lower end of the spectrum and is tried as a misdemeanor.

The second factor assessed by the court will be the manner in which the Identity was stolen. For example, were credit cards taken from a wallet, or did someone hack into personal secured information on a computer? The focus will be on the how sophisticated or amateur the act was.
One of our most recent cases dealt with a young adolescent who had stolen the credit cards from his roommate's wallet and used them to purchase ski equipment. Although this case involved a simple method to obtain financial information, and items that were lower in value, it still involves complex consequences.

Regardless of how the case is charged, and even if it falls at the lower end of the spectrum, it is important to note that any charge of theft on one's record will result in serious consequences not only in regards to a Judge's sentence, but other aspects of your life as well. To ensure that your rights are protected and you are given the best possible representation, hire an attorney who has a solid reputation with the criminal courts in Southern California. We prepare a powerful defense aimed at not only reducing your charges but in many cases dismissing them as well. Contact our office today for a no obligation consultation.

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!

Driving under the influence of alcohol or even drugs Is the most commonly committed criminal offense in the United States. That being said, it is easier to understand why many courtrooms throughout California are filled with drunk driving cases each day. There in lies the problem. In these high-volume courtrooms, especially in major cities like Los Angeles, prosecutors have very little time to read and review the details of each case .This can be a benefit to clients.

The benefit is that in these very busy Courts, prosecutors and judges are forced to spend increasingly less and less time in reading and reviewing as well as evaluating each case on its individual merits. In my over 30 years of courtroom experience as a drunk driving defense lawyer, that actually benefits my clients each day.

Generally in police arrest reports, there is only negativity, rarely are police officers writing about the positive elements of the person they're arresting. Their focus is to build a case to prosecute, rarely to assist the defendant in minimizing the appearance of their conduct.

The downside... generally in high-volume courts defendants are viewed more like case numbers and not like people. When this occurs, there is often no personal information about the defendant or any mitigating circumstances like the positive background of the client, job, lack of criminal record, family or other favorable information. Once this positive information is infused by an effective and experienced defense lawyer, a more favorable and balanced view of the client, always leads to better results.

At Hoffman and Associates our firm of skilled and highly effective advocates begin from the day were retained to develop all possible favorable information, not only about the facts of the case, but also about our clients background. This creates a foundation for building a defense for each client. We commonly ask our clients at the beginning of our representation to provide as with character reference letters, resumes, letters from employers, and any other positive information to show a more positive side of our clients background, contrasting the negativity of the information contained in an arrest report.

The first hearing subsequent to one's arrest is called an arraignment. Any person arrested for a misdemeanor offense, and not released to the court on their own recognizance,or by posting bail must be brought to court for their arraignment within 48 hours of their arrest. This constitutional requirement does not count weekends or holidays.

Anyone arrested for a felony offense, and not released on their own recognizance, or by posting bail, must be brought to court for their arraignment within 72 hours of their arrest. Like misdemeanor cases, weekends and holidays are not counted towards this constitutional time requirement.

Since all people arrested, are presumed innocent until proven guilty, an arraignment is an opportunity to commence legal proceedings by giving the accused an opportunity to plead not guilty, after being advised of the charges being filed by the prosecutor. At a clients arraignment the charges are read, as well as the possible consequences of the charges,in the event the defendant pleads quilty, or isfound quilty after a curt or jury trial.

It is not unusual in the majority of criminal arraignments for the accused to enter a plea of not guilty, regardless of the actual evidence presented in the police report, or the truth of the accusation. The purpose is to allow a more relaxed timeframe in so an attorney can properly evaluate the charges being brought against his clients, as well as the facts contained in the police reports, and any exculpatory evidence which is present to fight the allegations, including favorable witnesses on behalf of the defendant.

It is one's constitutional right to be represented by an attorney in any misdemeanor or felony case. And accused can retain his or her own counsel to protect and defend their freedom and good record. Those without sufficient funds to retain an attorney will be screened by the office of the public defender to qualify for their services. It is a common misconception, that the services of public defenders are without charge. In fact, fees are determined at the end of any case based upon the amount of time the attorney has spent preparing and defending the client against the current charges.

The cost for public defender services provided are evaluated in context of the defendants financial situation and their ability to pay the cost for legal counsel. In the event that there is no financial ability to contribute to the cost of their legal defense, then an attorney will be provided at no cost. Public defender's are randomly assigned, and unfortunately, cannot be chosen by the client. Due to the large volume of cases in the court system, it is common that public defenders spend a relatively small amount of time on each case.

Anyone been arrested for a driving under the influence case is never happy to be in that circumstance. For members of our armed forces including those serving in the Marines or Navy in San Diego County face even greater challenges and potential penalties. It becomes very clear that the service, regardless of which one treats any DUI arrest very harshly, and starts its sanctions even before any court date, or prosecution by the state has begun.

Although it feels like double jeopardy, that persons in the service are punished twice, once by the military and once by the criminal justice system for the same offense, it is not. Federal jurisdiction over the military empowers it independently to punish soldiers for offenses that they commit on or off a military base. A drunk driving arrest, even prior to any court proceeding or conviction can result in a serviceman being confined to base for 2 to 3 months, have their rank reduced, have their pay cut in half, and often required to complete an alcohol education program on base.

By comparison, a civilian charged with suspicion of driving under the influence of alcohol, is considered to be innocent until that person pleads guilty, or is found guilty after a jury trial. It is only after that finding of guilt that penalties are imposed. Both military persons and civilians being convicted of a DUI are placed on summary or unsupervised probation, required to pay fines in excess of $1500, complete a minimum of 12 weeks of alcohol education and in some circumstances serve jail time.

San Diego Marine and Navy personnel arrested for a DUI may also face penalties from the Department of Motor Vehicles in the form of a driving privilege suspension. What makes this problem more challenging is that most service people in San Diego have drivers licenses issued him other states. Those individuals found to be driving with a .08% of alcohol may have their California driving privileges suspended between four months and one year after a hearing before the DMV. It should be noted that California only has jurisdiction over a person's privilege to drive in California, regardless of where that person arrested holds a drivers license. The California DMV cannot suspend any other states drivers license.

Our firm of DUI Defense Specialists has helped hundreds of local service men and women sort out and minimize the effects of a DUI arrest on those special people serving our country in the military. Consulting an attorney immediately after a DUI arrests can minimize some of the potential complications by not missing critical deadlines created by one's arrest.

An experience DUI attorney can also under most circumstances be able to appear in court on behalf of the soldier thus also avoiding further problems in the military.

A DUI conviction can be charged as a misdemeanor or a felony. The difference between the two will affect the final sentence given. A misdemeanor conviction will receive a sentence on the lighter side of the spectrum whereas a felony will receive a much harsher punishment, especially when there is significant bodily harm.

California Vehicle Code 23152 is the section under which a misdemeanor DUI is charged. It is divided up into two sections. 23152(a) reads that It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. 23152 (b) reads that It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. 23152(a) was the previous DUI law and 23152(b) was added 20 years ago. The legal Blood Alcohol Level (BAC) used to be a .10% and has been reduced to .08% in California with a trend towards reducing it further to .06%. Compared to many countries who require a .0% BAC, we are still much more tolerant. A conviction under either 23152(a) or 23152(b) will result in a misdemeanor charge.

California Vehicle Code 23153 is the code section under which a felony DUI is charged. Like misdemeanor DUI, it is divided into the two same sections with one additional statement. 23153 (a) reads; It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. 23153(b) reads that it is It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

You may be charged as a felony DUI if there was a certain kind of bodily injury to a victim, as the code indicates. Bodily injury varies across a wide spectrum and will guide prosecution in the plea bargain they present to the Judge. A minor soft tissue injury with mild discomfort will still be considered a bodily injury but will be on the lower end of the scale in comparison to fractures or other major internal injuries which will yield much harsher punishments in the eyes of the law.

Whether you are charged with a felony or a misdemeanor DUI conviction, the ultimate goal is to avoid any kind of conviction. You need someone who will fight in your corner to reduce the charge to that of a misdemeanor, or the misdemeanor charge to an infraction. Hire an experienced California DUI attorney, who will fight on your side and believe you are a good citizen and person and will work hard to ensure that the Judge sees it too.