CLICK HERE TIPS TO AVOID MISTAKES AFTER A DUI ARREST

Articles Posted in DUI Arrest

California is a popular destination for out of state residents to come and visit. Whether it be for vacation, to visit friends and family, or for work, one thing is for certain; it is necessary to drive from one place to another. Unlike many other states, travel by public transportation and cab is not as common as it is in other states.

Driving around can often lead to getting arrested for the suspicion of driving under the influence. The proper jurisdiction for the case to be heard is in California, where the incident occurred. But what happens when you are done with your trip and return back home? Does your case get transferred with you, or do you have to fly back for hearings and to complete any sentence the Court may order?

Unfortunately, because you are driving in California at the time of the incident, and you are submitting to California law and procedure, California State Courts will be the only court that has proper jurisdiction over your case. It is a matter for the California government and judicial system, not for any other state.

When you have been arrested for suspicion of driving under the influence, there are many things that you must consider before appearing before a Criminal judge. One of the biggest things you must give thought to is whether you are going to hire a Los Angeles DUI Lawyer to represent you on your case.

If you are not a lawyer, you are not aware of all the options and defenses available to you and therefore you would not be able to make a fully informed decision as to your future. If you get a conviction on your record, it can potentially affect your future educational goals, as well as your employment.

If you decide to hire a lawyer, you should act on it immediately. There is a ten day deadline to setting a DMV hearing. If you do not set a DMV hearing, you automatically lose your driving privileges and your case will not be heard. If you are going to hire a legal professional to represent you at the DMV hearing, you want to be sure that the attorney’s office properly schedules the DMV within the statutory time limit and requests a stay on your driver’s license. You also want to be sure that the attorney is available on the date your DMV hearing gets scheduled, and therefore, it is best to have the attorney’s office to schedule it for you.

When the prosecutors are trying to convict someone of a Driving Under The Influence Charge, they must prove two separate elements beyond a reasonable doubt. 1) That the person was under the influence and 2) that the person was driving.

It may often be straightforward to prove that a person is intoxicated, especially when they have submitted to a blood alcohol test and the date results demonstrate a BAC present in their blood stream. Driving on the other hand, may not be as easy to prove in all cases.

Lets consider two different examples, one in which driving is straightforward, and another in which it is not.

Many of oursclients ask us about our experience with the Courts in Los Angeles county. I have been in and out of these courtrooms for over thirty years. There is a distinct advantage to knowing not only the courtroom, but the Judges, the Prosecutors and even the Clerks.

If you have appeared before a Judge on several occasions, the Judge will know your professional reputation, and therefore when you ask a Judge for a continuance, or a certain offer, the Judge will know you are asking with reason and will take your request more seriously. This is a huge benefit to the client. It benefits their case because it assures that they will get the best possible outcome, and not one that is the result of bias or prejudice from the Judge.

Additionally, knowing the prosecutors will help guide an attorney as to which prosecutor they should negotiate with for a dismissal or a reduction of charges. If one prosecutor is not favorable, the knowledgeable Los Angeles DUI attorney will act swiftly to have the case heard by a Prosecutor who is more likely to accept the offer in comparison to one who isn’t.

Many of our clients are worried about the statements they make to an officer during a DUI stop. Generally the officer must have a reason to stop you while you are driving. This reason can be any violation of the vehicle code. For example,sif you are missing a license plate, your headlights are not on when they should be, or you are speeding, the officer has a right to pull you over and write you up for the violation.

In the process of pulling you over, if the officer suspects that you are intoxicated he may also ask you if you have been drinking, and if he has enough evidence to support a reasonable suspicion that you have, he or she has the right to ask you to submit to an alcohol screening test. However, the officer MUST have enough evidence to questions you for a DUI.

The officer can gather evidence based on observations. This would mean that if a person exhibits signs of intoxication and the officer reasonably feels there is a good chance the person is intoxicated, they can proceed with a DUI investigation. If the officer does not have enough evidence to support their suspicion of intoxication, the officer has no right to proceed with questioning regarding a DUI.

Many of our clients are concerned about statements they have made during a DUI arrest. During an arrest, any statements that you make to officers may be included in the officer’s arrest report. The officer’s report and observations then are used in Court as evidence against the person being charged. Therefore, statements made during the arrest can be crucial to your case, and should be made carefully.

At the time of arrest, many people are scared and have not dealt with law enforcement before. Feeling that honesty is at issue and that they are required to answer any questions the officer may ask, the person being arrested usually fully complies and gives any answers the officers are looking for.

However, every person has a right against self incrimination. This is their fifth amendment right, which protects every person from having to provide evidence that can be used against them when they are being prosecuted. The fifth amendment right extends to any kind of arrest, including DUI arrests. This means that when a driver has been stopped by officers for suspicion of driving while intoxicated, they have the right to remain silent.