Recently in Misdemeanor DUI Category

June 6, 2011

Strategies For Representing Clients Facing Felony DUI Charges in Los Angeles Courts

A felony DUI charge is a very different offense than a misdemeanor DUI charge. A misdemeanor DUI offense covers a wide variety of factual situations, involving a multitude of facts. For starters, driving under the influence cases involve hundreds of difference violations which give rise to the officer justifying the stop. This requirement of good cause, is required to be a valid stop.

Frequently our firm represents clients who have been arrested on suspicion of driving under the influence of alcohol, drugs, or the combined influence of both. Those drivers who have been involved in accidents are exposed to greater potential charges, if an accident resulted in injury to a passenger or other party.

People arrested, often don't understand that the term accident can describe a very broad spectrum of circumstances, not just a simple issue. It is critical to our clients defense, to carefully study the accident report to determine a strategy to minimize, if possible, the severity of the accident, thus mitigating, or lessening, the impact of the accident on the possible consequence to the driver.

Accidents, can range from minor impact to major impact, from no injury, soft tissue injury,to multiple fractures, internal injuries, which can result in long-term or permanent impairments or disability.

It is always important, at the earliest possible time after a DUI related accidents, to have your attorney begin to assess whether or not there was injury, and the extent and severity of the injury. Some victims truly suffer minor injuries as a result of an accident, while others seek to magnify or exaggerate the nature and severity of their injuries recover a potentially large settlements from the driver's insurance policy.

Our firm of DUI specialists carefully evaluate all medical bills and reports to check for the real injury to the victim, and the full extent of any claimed injury for accuracy and legitimacy.

Recently, our firm represented a client on a felony DUI case. Because we carefully evaluated the nature and extent of the acclaimed soft tissue injury turned out to be significantly less serious than the officers summary in the police report. We obtained all the records, and proved to the district attorney that the apparent injury to the victim was far less serious than was painted in the police report by the arresting officer. The results was the prosecutor agreed to reduce the charges to a plain misdemeanor, resulting in no jail time.

Aggressive, and detail oriented attorneys love to carefully scrutinize all police and accuracy records, as well as talking to all victims. Frequently information obtained in this manner often leads to the reduction of felony charges and/or minimizing or eliminating our clients from being incarcerated.

Anytime, we can save our clients from having a felony charge on their record, is a huge and important effect of an experienced attorneys work.

October 31, 2010

Los Angeles Sees First Effects of the Ignition Interlock Device Law

Many of our clients have been asking us regarding the Ignition Interlock Device law that went into effect on July 1, 2010. Nothing much has happened since it went into effect, leaving many people wondering how and when it would be enforced.

This law is a part of DUI law and is separate from Court order. The DMV is the one that will enforce and implement this new law. When you go to the DMV after having completed you license suspension, you will be required to install the ignition interlock device before you can receive a restricted license.

According to the law those that are convicted of a first time DUI offense will have to install the device for 5 months. Those with a second time DUI offense will install the device for 12 months, third time for 24 months and fourth time offenders for 36 months. Those with more enhanced or aggravated DUIs convicted under Vehicle Code 23153 will be required to have the device in their vehicle for a longer period of time.

The law itself is a pilot project launched in only four out of the many counties in California; Alameda, Los Angeles, Sacramento and Tulare. Having never implemented such a program before, especially in such a large metropolis such as Los Angeles, we anticipate a lot of glitches and unplanned consequences. The DMV lacks a concise plan of enforcement and therefore leaves room for a knowledgeable Los Angeles Criminal Defense attorney to prepare a strong argument and defense against installing the device.

October 11, 2010

Hiring A Los Angeles DUI Attorney... Essential Questions to Ask

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.

September 28, 2010

Defending Clients Arrested in Los Angeles For Drunk Driving... Optimizing Results by Changing The Perception of The Prosecuter

There is a well-known expression that perception is reality... what does that mean? This phrase as many different applications and contexts. The scope of this blog is to try and explain that being arrested for a driving under the influence of alcohol or drugs carries with it many negative connotations. For example, the term drunk driving gives the impression that the person arrested was in fact drunk. In fact, the law does not require a driver to be drunk, but merely to be driving a motor vehicle with a .08% of alcohol in their bloodstream.

At a trial of a DUI case, prosecutors and even judges present police officers, and their statements as impartial, and unbiased parties. In fact, police officers have an agenda, and that is to build a case against a driver to support their impression that they have been violating the law by driving under the influence of alcohol or drugs. They are not neutral, and their observations are colored by their own perception, and by their own need to support their opinion that this driver has broke the law.

Clients of our lawfirm of DUI defense attorneys, frequently our surprise when we are reviewing the air police reports of their arrest, of how negatively they are portraying by their arresting officers.

It's quite interesting, then only negative conduct by the driver is reported and noted, when any positive conduct is rarely documented. For example, almost all police reports describe the driver as smelling of alcohol, having red, bloodshot and watery eyes. Slurred speech, lack of coordination or balance. Good performance for example, on field sobriety tests, is rarely reported.

Fast forward to the courtroom where your Los Angeles DUI case is being heard. Picture the only information about you case # xxxxxxx being a 100% negative report written by the police officers. They are in lies the problem of how to change this image.

An essential component of our defense strategy on every DUI case is to request that our clients complete a written explanation of the events of the night they were arrested. We also request lines to provide as within work resume, letters of reference or recommendation, and any other positive information about who they really are.

Presenting this positive information to the prosecutor has a powerful effect on demonstrating a more fair and balanced account of what happened the night that they were arrested. It is essential to show the prosecutor a more accurate and fair picture of what really happened.

This legal strategy, called mitigation, is critically invaluable to educate the prosecutor and judge to see our clients in a much more positive lights, thus achieving a much more favorable result.

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.

August 30, 2010

Arrested in Orange County for a DUI ? Attacking the Accuracy of The Officers Observations

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.

August 23, 2010

Attacking the Accuracy of the Police Officers Observations in a Los Angeles or Criminal 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.

August 15, 2010

What is the Consequence For a Los Angeles DUI Probation Violation?

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!

July 19, 2010

Arrested For a DUI in Los Angeles? What is The Legal Difference in a Guilty Plea Versus a No Contest Plea

Hoffman and Associates is a Los Angeles and San Diego based law firm specializing in protecting our clients facing drunk driving charges, as well as all criminal charges.

The scope of this blog is not to discuss the pros or cons of pleading guilty or no contest in any particular clients case, since the merits and facts of each case would need to be evaluated to determine the strength or weakness of a criminal prosecution, and whether or not a plea is in the best interest of the client. A careful analysis of any factual evidence, any blood or alcohol test indicating the presence of alcohol and/or drugs, and any witness testimony favorable to our clients.

There are three ways a person in a DUI or Criminal Case can be found guilty. At a court trial a judge after hearing all facts of the case presented by the prosecutor and the defense attorney find the defendant guilty beyond a reasonable doubt.

Secondly, at a jury trial consisting of a panel of 12 citizens hearing the case presented by the prosecutor and any defense put on by the defendant, a unanimous verdict of guilty is returned. It only takes one juror, who believes that the prosecutor has not proved its case beyond a reasonable doubt for guilt, to create an undecided or hung jury. In this case, the judge orders a mistrial and it is up to the prosecutor whether to make a decision whether to retry or dismiss the case.

Where a guilty plea, or finding by a judge or jury determines that the facts demonstrate th is run at the defendant is guilty beyond a reasonable doubt, the defendant is found guilty.

A no contest plea is a type of plea where the defendant accepts responsibility, but does not admit to the truth of all of the facts contained in the police reports. This decision is made when the defendant feels it is in his best interest to accept the benefits of a plea bargain, which protects the client from a greater potential consequence or penalty.

A no contest plea should always be entered regardless of the facts, in any case where It is nan accident and or any potential injury is present. This type of plea protects the driver in the event that a civil suit is filed against the driver to recover damages for property damage and/or personal injury. This type of plea cannot be used in any manner against the driver in the event of a civil suit, and still allows the driver and his insurance company to even contest liability for causing the accident. A guilty plea, could be used against a driver in a civil suit which is never helpful. I'd yet to her son

July 5, 2010

After a Los Angeles Drunk Driving Arrest... How Can You Turn The Tide in a Favorable Way Toward 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.

June 14, 2010

Exercising Your Rights to a Jury Trial After a California DUI Arrest

Anyone charged with a DUI or other criminal offense is entitled by the Constitution to a jury trial. At a jury trial the prosecution is for acquired to put on sufficient evidence to prove that you are guilty of the offense charged beyond a reasonable doubt.

In a California DUI case, the state must prove that the officer had probable cause to stop you. This critical element requires that the driver violated at least one or more of the sections of the vehicle code. Examples of common reasons to stop a driver in a DUI arrest are speeding, weaving, following too close, or failing to stop at a stop sign.

Although most of our clients contest the issue of their own impairment at the time that they were driving and stopped by the police, physical and/or mental impairment is not a requirement of a driving under the influence prosecution.

California law requires that the driver had a blood alcohol level (BAC) of .08 or greater. A recent trend in some counties and courthouses is to even file blood-alcohol levels of .07 and .06 where significant impairment is present.

Our firm of DUI specialists with over 30 years of daily courtroom experience scrutinizes these critical elements of a DUI offense with each client we represent. Our firm never presumes that any client is guilty, just because they were stopped and just because they may have been drinking. Statements contained in one's police report are carefully scrutinized for accuracy whether by our clients or by the officer arresting them.

Witnesses for the driver, preferably not drinking can provide significant help to strengthen the credibility of our clients position and statements.

The exercise of your rights to a jury trial should be carefully made with the assistance of your attorney by objectively weighing the merits and strength of both sides of your case. An experienced attorney, like lawyers at our firm, are in a superior position to examine a pending case for errors, or shoddy police work, inaccuracies in the drawing of blood or breath testing process, and looking at the weight of both prosecution and defense witnesses.

It is true with every decision one makes, that there are benefits and potential risks associated with every decision. This is certainly true of weighing the decision of whether or not it's in your best interest to pass on a plea bargain, and try your case in front of a jury. It is important to consider not only the benefits of winning, but the potential risk including incarceration plus a number of other potential penalties, if you are found guilty.

May 31, 2010

Protecting Our Clients Rights After a Los Angeles Drunk Driving Arrest

It is important to understand the scope of issues involving being prosecuted on suspicion of driving under the influence of alcohol and/or drugs. A DUI arrest begins a systematic process by the Department of Motor Vehicles to suspend your driving privileges, even if this is your first offense.

Although both the court and the DMV procedures seek to sanction a driver for the unlawful use of a motor vehicle after the consumption of an illegal level of alcohol or drugs, they go about it in very different ways. Each entity follows different guidelines, and separate issues and procedures, and totally different consequences. The main thrust of the DMV is to determine whether or not the alleged DUI driver was stopped by the police with proper cause, and whether or not the driver had a blood alcohol level (BAC) of .08 or over. More severe and longer suspensions are doled out to drivers who refuse to submit to a chemical test, after being stopped on suspicion of driving under the influence.

The courts approach the issues above, but use different sanctions. A range of potential penalties including probation, fines, jail time, alcohol programs, community service, hospital/morgue programs, and mothers against drunk drivers meetings, as well as Alcoholics Anonymous attendance are some of the legislated penalties facing those convicted of DUI's.

The attorneys at Hoffman and Associates are tough courtroom advocates, but take the time to explain to each of its clients the challenges one faces after being arrested for a drunk driving case. So much of the fear and anxiety of the unknown is traded for an awareness of the value of being protected by a skilled DUI attorney.

Our sole goal and responsibility is to minimize or eliminate the potential hardship and consequences of a DUI arrest. Our firm has advised thousands of clients in situations similar to yours feel better, by understanding all of your legal rights, defenses and most importantly their options.

May 3, 2010

What is an Arraignment in a Los Angeles DUI or Criminal Case ?

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.

April 19, 2010

Arrested For a DUI in California? Does my Driving Record Effect The Outcome of my Case?

Your driving record is a very important indicator in the eyes of a prosecutor or judge as to how responsible the driver has been There are a number of factors that are considered in interpreting your driving record. These include the number of moving violations, traffic accidents,( where the driver is deemed to have been at fault) other infraction or misdemeanor violations like driving on a suspended license, driving under the influence of alcohol, hit-and-run, and other potential violations which can affect the outcome of your current case.

DUI cases can be dramatically affected by one's driving record and prior convictions of certain types of offenses. Typically, persons facing potential penalties for a first offense driving under the influence case without aggravating circumstances are not required to do any jail time, which is a very good thing.

Those drivers who have been convicted of driving under the influence offenses within the last 10 years face a mandatory minimum jail sentence between 96 hours and one year in jail. Anyone convicted of a third DUI within a 10 years face incarceration of between 120 days in jail and one year in jail.

It becomes clear based upon the above legislative guidelines that the law mandates substantially increased penalties based upon the driving record of the person arrested for a DUI.

Another consideration for prosecutors in determining their offer to settle is the frequency of prior offenses and other violations on one's driving record, as well as the recentness of prior offenses. For example, a driver who has recently been arrested for a DUI faces a much harsher penalty if his prior DUI conviction was very close to the conviction on his first offense. The typical Of probation on a DUI case is three years. If a second or third conviction occurs within this period of probation, potential penalties are far greater than they would be for cases outside of probationary term.

Prosecutors also add penalties which often include jail time for those drivers whose licenses are suspended at the time that they are arrested for a driving under the influence case. Further, even greatly increased penalties have been legislated for those drivers previously convicted of driving on a suspended..

Drivers convicted of hit-and-run, and other traffic related infractions and misdemeanors can be considered by a prosecutor and judge to increase the potential penalties the driver faces on his or her present case.

An experienced drunk driving defense lawyer, can use his skill and expertise in minimizing or eliminating the necessity of clients in these going to jail.

At the Law Offices of Ronald N Hoffman, we have represented thousands of clients in these circumstances and successfully eliminated or reduced the necessity of jail time.

April 12, 2010

Special Challenges of San Diego Marine/Navy DUI Arrests

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.