Ronald. N. Hoffman: December 2009 Archives

December 30, 2009

Los Angeles DUI Checkpoints ... What to do if Stopped

Beware of the presence of the Los Angeles Police Department using hundreds of DUI checkpoints throughout the City of Los Angeles.

Over the past 10 years since these random Checkpoints were first introduced, the Police have extended these checkpoints throughout the city at locations focusing on intersections selected for their high incidents of traffic accidents and perceived DUI drivers.

DUI checkpoints do not require the police to justify any vehicle stop. This is an exception to the legal requirement of probable cause (i.e. violation of any vehicle code section) to make the stop of a vehicle lawful and valid.

While DUI checkpoints have been upheld as legal by the Supreme Court of the State of California, controversy stills swirls about the fairness of these stops. Beware of their possible presence after drinking. if you are stopped, you should not admit to drinking any alcohol regardless of what the police officer thinks. Also, don't agree to submit to any field sobriety tests (coordination test done at scene). These FST's although commonly requested by the police when a driver has been stopped on suspicion of Driving under the influence.Tthese tests are not Required By Law.

The Law DOES require any driver suspected of driving under the influence of alcohol and /or drugs to submit to a Breath or Blood Test to determine the alcohol or drug content present.

Therefore, do not refuse to submit to a Breath or Blood Test. The penalties are much harsher for refusals than they are for drivers taking a Breath or Blood Test, even if the results are much higher than the legal limit. Such penalties may include mandatory jail sentences and lengthy license suspensions.

Remember, be safe and don't help the police build a case against you if you find yourself stuck at a DUI Checkpoint.

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December 18, 2009

How Can California Criminal Defense Attorneys Help Me?

If you are facing a criminal case, then the first thing you should do is consult with a criminal defense attorney to learn about your options and what the best way to defend your case will be. Criminal defense law firms across the state provide thousands of individuals with assistance with the defense of criminal charges every year. Criminal defense attorneys are skilled in handling many different types of criminal cases, from theft cases to California drunk driving cases, and can help you decide what the most effective defense options will be based on the circumstances of your particular case.

Criminal defense attorneys often specialize in specific types of criminal cases so that they can focus their energy on learning the best methods and procedures for defending those particular cases. For example, the defense of California DUI cases requires that the attorney understand the science behind the chemical testing procedures, have in-depth knowledge of the applicable administrative and criminal laws, and be familiar with common field sobriety tests used by police officers during DUI traffic stops. Acquiring this knowledge takes many years of practice and new rules and regulations are being introduced regularly which have to be taken into consideration for any DUI defense.

Criminal defense attorneys also know the best way to present evidence of extenuating circumstances to get criminal charges reduced or dismissed. In some cases, the tiniest element of a case can be the most significant case against a criminal conviction for the defendant, but without adequate representation by a competent criminal defense attorney, the defendant would not have known the importance of that evidence. The attorney will also know the legal procedures that can be used to get certain types of evidence excluded from consideration during the trial. There are many different ways that criminal defense attorneys can help you with the defense of a criminal case.

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December 11, 2009

What Defense Options Does a Criminal Defense Law Firm Offer?

When charged with a DUI in the state of California, it is very important that you know what defense options are available to you and the best way to discover what these defense options are is to hire a criminal defense law firm to represent you during your court hearings. Criminal defense attorneys in the state of California argue thousands of California DUI cases each year and understand the methods and procedures used to prepare an effective DUI defense. Because DUI defense is a complex field, involving scientific issues, administrative laws, and various criminal penalties, criminal defense attorneys are considered to be most experienced attorneys to handle these types of cases.

One defense option that may be feasible in certain California DUI cases is calling into question the validity of chemical testing in the case. Many people do not realize that there is a potential for errors and false readings using the testing techniques that are common in most California drunk driving cases. These testing methods are highly sensitive to a number of different elements and if any of these elements are present when a person is being tested, then the accuracy of the entire test can be disputed. Without this evidence, it is difficult to obtain a conviction for a California DUI.

Another defense option used in California DUI cases is to question the observation evidence submitted by the arresting officer in the case. This evidence often includes descriptions of observed driving violations, personal observations about the person's behavior, and the results of any field sobriety tests issued. Because these tests are not given uniformly and the results are subject to interpretation, a skilled criminal defense attorney may be able to have this evidence dismissed from consideration during the trial. There are a number of different defense options that a criminal defense law firm can use to get California DUI charges reduced and a skilled criminal defense attorney is your best chance for the effective defense of your case.

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December 4, 2009

What is The Standard Procedure For a Los Angeles DUI Stop?

The standard procedure for a Los Angeles DUI stop follows a specific set of steps that the police officer will use to determine whether the person that they have stopped is under the influence of alcohol and/or drugs. The first step in the procedure is driving observation, which is often what brings the police officer's attention to a specific vehicle. During the driving observation, the police officer may notice actions such as weaving, erratic braking, or swerving that leads them to believe that the driver is driving under the influence of an intoxicating substance and warrants stopping the vehicle for further investigation.

When a police officer stops an individual for a California DUI, they pay very close attention to the person's mannerisms and physical appearance for additional signs that the person may be driving under the influence. These include an odor of alcohol on the person, slurred speech, flushing, or impaired coordination, among other signs. If any of these signs are present, the police officer will ask the person to perform a few field sobriety tests to confirm their suspicions.

If the person fails the field sobriety tests or give the police officer any further reason to suspect a California DUI, the person will be placed under arrest and transported to a secure location for blood-alcohol testing. Depending on the results of the blood-alcohol testing, the police officer will charge the person with the crimes that they have allegedly committed. After being informed of the charges, the person may choose to hire a criminal defense attorney to argue their case in court to get the charges against them reduced or dismissed. The majority of Los Angeles DUI stops follow these steps exactly and knowing what to expect during a California DUI stop will reduce the risk that you will err through ignorance and make the situation worse than it should be.

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