Los Angeles DUI Lawyer Blog

California Vehicle Code 23600 prohibits driving with any measurable amount of alcohol in your system if you are currently on probation for a DUI. This section of the Vehicle Code is referred to as the Zero Tolerance Law.

Prior to January 2009, the aforementioned section allowed a Judge to revoke probation unless the person violating probation agreed to serve at least 48 hours in County Jail, in the situation that the zero tolerance law was violated and the Blood Alcohol Level (BAC) was over a .04%.

The current law, however, has gotten a lot stricter. If you are now caught violating the Zero Tolerance Law, the DMV will automatically suspend your driver's license for a year. Additionally, the new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of the person who is caught driving with a BAC over .01%.

In light of the new law , it is now more important than ever to hire an experienced Los Angeles DUI and Criminal Defense attorney who has defended thousands of probation violation and DUI cases. There is a crucial 10 day time limit to request a DMV hearing, which will determine the status of your license. If a DMV hearing is not promptly requested, you may lose your opportunity to state your case to a DMV officer resulting in a revocation or suspension. The knowledgeable attorneys at Hoffman and Associates prepare a powerful defense specific to the facts of your case that you obtain the best desired outcome possible. Our thirty years of experience are reflected in the solid reputation we have built among the many Judges and Prosecutors in the Criminal courts of Southern California.

Continue reading "How does California's Zero Tolerance Law affect my Probation Violation in a Los Angeles DUI case?" »

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!

Being arrested is like being kicked in the head by a mule. It probably leaves you dazed and confused for many hours. One of the most important benefits of consulting and experienced DUI and Criminal defense attorney is to understand the potential consequences of the charge you were arrested for.

Every criminal charge has a sentencing guideline set out by the legislature in one of several common places. These include the vehicle code, Penal code, health and safety code and welfare and institutions code.

Although most people think there is a set penalty, that is not true. To be more accurate, there are sentencing ranges set out for each code violation. These typical penalties include summary or unsupervised probation and formal probation where one is assigned a probation officer which oversees your compliance with the terms and conditions of your probation subsequent to a conviction by plea, court or jury trial.

For example a first offense driving under the influence of alcohol case , the range is between zero and six months in jail. A third offense drunk driving case has a much higher range which exposes to not only greater maximum penalties, but imposes higher minimums like the 120 days in jail minimum for anyone convicted of a third offense drunk driving case within a 10 year.

The importance of understanding any offer or plea bargain from the prosecutor is critical to evaluate the case properly. By knowing this information you and your attorney can better evaluate whether or not the offer is a good one and worth considering accepting.

In a drunk driving case, there is a minimum of three years summary or unsupervised probation, and a three-month alcohol program. People see two cases with prior convictions may be required to attend longer alcohol programs, longer potential jail time as well as probationary terms and higher fines.

For example quilty pea to a domestic violence charge requires probation for a minimum of three years and a domestic violence counseling program, which typically lasts one year. This program is required by state law and cannot be deleted by a prosecutor or even a judge if they chose to request that.

Knowledge is power, knowing what's are up against is always valuable to making the best decision, based upon the facts and circumstances of your case.

Nicole Richie, former reality star and daughter of famous musical artist Lionel Richie, was granted an extension on her probation resulting from a 2006 DUI. In December of 2006, Richie was arrested and charged with a DUI after she was caught driving the wrong way on a Los Angeles freeway. After pleading guilty, she was sentenced to 4 days in jail and 38 alcohol education classes.

Richie's probation was set to end in July 2010, however the actress has been unable to complete all the court requirements due to the birth of her two children with rocker Joel Madden. Richie's attorney requested a court approved leave from her alcohol education classes, which was granted by the Judge and extended to March 2011.

You do not need to be a celebrity to get highly skilled Criminal Defense help. A Los Angeles DUI Attorney who has been practicing for over thirty years can provide you with affordable professional representation and the zealous advocacy you need to successfully fight your case. At Hoffman and Associates we have helped thousands of clients with DUIS and have established a solid reputation with the many Judges and Prosecutors in Southern California courts.

A knowledgeable DUI specialist can argue your case from the beginning through to its completion so that you see the best possible results, avoiding jail time and a shorter period of probation. In the event that you are unable to complete your probation requirements, You do not have to be a celebrity to be granted a favorable extension. An Attorney who has created a favorable presence in the criminal courts of Los Angeles County, will be able to present a strong argument on your behalf so that you can get the time you need. Contact our office to get started on your free consultation right away!