Los Angeles DUI Lawyer Blog

With the costs and expenses associated with a DUI, it is a natural concern to have questions regarding how it will affect your auto insurance. Not only can a Criminal Defense attorney specializing in DUI answer any questions you may have, but can also use their experience and knowledge to fight hard to keep the costs as low as possible.

There are many potential consequences to your auto insurance depending on the final decision of the officer at your DMV hearing and the company you use for your coverage. It is common to lose your auto insurance after being convicted of a DUI. Your driver's license may also be suspended by the DMV, and therefore being covered by your auto insurance company may not be an immediate concern. With the help of a Southern California DUI attorney who will strategically defend your case during your DMV hearing and in court, it is possible to avoid revocation of your driving privileges, even if it comes in the form of a restricted license.

Additionally, many auto insurance companies maintain that they do not cancel your insurance on a first time offense, but do deal with it in a harsh manner. You can assume that your insurance premium will be increased. Whether it is increased by a significant amount, or something more manageable will depend on your specific insurance provider.

In the state of California you are also required to file an SR-22 insurance form with the DMV to reinstate your driving privileges after you have been convicted of a DUI. An SR-22 is a vehicle liability insurance document which provides proof that the driver has the minimum liability coverage required for California.

Once charged with a DUI, the costs of legal help, court fees, and fines start adding up. The last thing you need is additional costs to your auto insurance. An experienced DUI specialist, like Ronald Hoffman, not only provides you with reasonable rates and a payment plan that works for you, but also fights hard to get you the best possible outcome at your DMV hearing. Such results can only come with over thirty years of experience and a solid reputation among the criminal courts in Southern California. Contact our office today for your free consultation with one of our highly trained attorneys!

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.

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 DMV hearing is a hearing held before the DMV regarding your driving privileges. It helps to determine how long your license will be suspended or revoked. The DMV hearing is held separately from your DUI hearing before the judge so as to ensure that you are not deprived of your rights without having been heard. The DMV hearing is an administrative hearing and will not determine whether or not you were guilty of a criminal act and is independent from your case in front of the judge in the criminal court.

At the DMV hearing the issues that will be raised will depend on whether or not you took a test at the time of your arrest. If you took a blood, breath or urine test the issues decided upon at the time of the DMV hearing will focus on the factors driving the arrest. The officer will discuss whether the officer had reasonable cause to believe that you were driving in violation of appropriate vehicle code sections, whether it was a lawful arrest, and if you were driving with .08% or more alcohol in your blood by weight.

If you refused to take a test at the time of arrest the issues discussed at the hearing will be similar for the most part. The officer will consider whether the officer had reasonable cause to believe you were driving in violation of appropriate sections of the vehicle code and whether it was a lawful arrest. In addition, it will be determined if you refused to take the test after you were asked to do so by an officer and when refusing you were informed that a refusal or failure to complete a test will result in your license being suspended for a year or revoked for two to three years when you refused to take the test.

A DMV hearing is not required, and is done at the request of the defendant. The request must be made promptly and in a timely manner as dictated by law, otherwise the right to a hearing is lost. Due to the urgency of the situation it is best to consult a California DUI lawyer immediately following your arrest so you don't miss the opportunity to be heard.

The hearing will determine where you stand with your driving privileges. During a DMV hearing, the officer has the power to set aside a suspension or revocation and in certain situations a restricted license may be granted. Therefore, a strong argument and defense must be prepared in order to ensure the least possible suspension or in certain cases revocation. Experience in dealing with DMV officers and administrative hearings is valuable when it comes to something as significant as your driving rights. Go into the hearing well equipped with all the facts and a strong defense and after consulting someone who has the knowledge and skill to help you keep your license.

Information taken from:
California DMV

Every driver arrested on suspicion of driving under the influence of alcohol or drugs in California with a blood alcohol level of .08% or greater, or those refusing to take a chemical test by a peace officer, face suspension of their driving privileges between four months on a first offense DUI, to three years for a third offense.

Every driver arrested on suspicion of driving under the influence with a .08 or over, or those refusing to take a blood-alcohol test are all subject to the Department of Motor Vehicles commencing immediately allow action to suspend your driving privilege. This action which is called an administrative per se suspension proceeding gives notice to drivers of the departments intent to suspend a driver's license as a result of their arrest.

For over 10 years the Legislature has enacted what is commonly referred to as a stop and snatch law. This law authorizes police officers to physically snatch or take a DUI suspects Drivers License and forward it to the DMV to commence suspension proceedings.

A temporary drivers license is issued to the driver which contains important notice about DMV laws and procedures including the most important which is the requirement drivers request a hearing within 10 days of the date of arrest to contest the impending suspension action.

A DUI and DMV attorney can protect your valuable drivers license from being suspended. There are many legal and procedural defenses which are attorneys use to fight the DMV every day and save our clients freedom to drive.

The decision to suspend or not suspend your drivings license is based uopn whether the police had probable cause to stop you and whether you had a BAC (Blood Alcohol Level) of .08% or more. An experienced Dui And DMV Specialist can fight the DMV to save your license.

Have you ever heard the saying... you don't really appreciate something until it's gone. You soon realize that having your drivers license suspended by the Department of Motor Vehicles immediately shakes your world. When you realize that having a drivers license is a privilege, not a right. The three most common ways my clients qualify for the drivers license to be suspended are:

1. DUI and having a blood alcohol level of .08% or more.
2. Being determined by the Department of Motor Vehicles to be a negligent driver by being convicted or pleaded guilty to violations that result in your getting four points in a 12 month period or six points within a 24 month period.
3. Failing to appear for a traffic violation or other traffic related misdemeanor.
4. Failing to pay your fines or fees to the court for a traffic violation or other traffic related misdemeanor after promising to do so.

Promptly hiring an experienced traffic court lawyer who specializes in clearing up or avoiding the DMV suspensions can prevent your valuable drivers license from being suspended or revoked.

Each of the above categories which may have caused a license suspension require different skills and procedures for clearing them up and creating an opportunity for our clients to have their driving privileges fully reinstated.

Tearing up the above issues in a timely fashion can avoid jail time, costly and greatly increase fines and preventing the loss of that all too important drivers license which gives us the freedom to live and work in California.

After being a Traffic Court Attorney and DMV specialist for over 30 years, I am regularly consulted by potential clients after they have received a letter from the Department of Motor Vehicles notifying them that their driving privileges will be suspended due to excessive violations. This resulting in an excessive point count hitting their driving record resulting in a license suspension.

DMV law provides for a six-month suspension which essentially means no driving at all for those drivers pleading guilty to or been convicted of infraction violations which add up to four points within a 12 month period or six points within a 24 month period of driving.

Typical moving violations are one point each if they are an infraction. Misdemeanor violations like driving under the influence carry with it two points. Also violations like misdemeanor hit-and-run also carry two points.

California licensed drivers are entitled to a hearing in front of the Department of Motor Vehicles to contest the suspension of their driving privilege. It is crucial to realize that once the DMV has sent a driver a notice of an impending suspension that they only have 14 days to respond. The time starts to run, not from the receipt of the notice, but from the mailing date on the DMV letter. The purpose of this request is to contest the suspension from taking place. Unless a written or telephonic request is received by the DMV within 14 days from the date of mailing , the driver is not entitled to a hearing and essentially waives his right to contest a six-month suspension of their driving privilege.

At a negligent Driver Hearing, a representative of the DMV called a hearing officer (who is not an attorney, but an employee of the DMV) will examine the driving record and carefully review the source of each violation or point counts received which is the basis for the impending suspension. Patterns of violations and poor driving, like excessive speeding or other violations cause great concern to the DMV, that continued poor and unsafe driving creates hazards to all other drivers on the road.

Considering the critical need for most people living in Los Angeles, or surrounding counties to have a driving privilege, and the importance of this decision it would seem advisable to immediatley seek the counsel and advice of an experienced traffic Court attorney. Experienced legal counsel can assist you in avoiding a six-month suspension of your drivers license by presenting sufficient facts and evidence to the DMV of your rehabilitation, excessive miles driven, and change in attitude about the importance of obeying all of the traffic laws and not receiving any further violations.

Another very effective strategy our firm has used over many years to prevent our clients from having their license suspended is seeking to reopen previous cases and withdraw pleas of guilty, And either contesting the charge on the merits or seek to qualify the driver to have the point removed from his record through the successful completion of traffic school. By successfully removing the point from the drivers record avoids the threshold Point count which require the DMV to consider a suspension.

Driving is a privilege, not a right ,and it is important to protect this right by being aware of the frequency of your moving violations received and the correlated point counts that could result in a license suspension. Most importantly, consider making the necessary adjustments in your driving habits to avoid moving violations which ultimately could result in a loss of your freedom to drive.