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Are You Being Charged with a DUI?
Driving under the influence (DUI) is one of the most common criminal matters in any courthouse on any given day. As a result, we naturally have decades of cumulative experience handling these types of cases.
When you are cited for DUI, this implicates two independent ways the government can punish you. The first is, of course, in the criminal courts. What many people do not realize, however, is that the DMV can punish you separately, even if the criminal case resolves in your favor!
After an arrest for DUI, you will likely be forced by police to surrender your driver’s license (and if you don’t have one, the charges you face will likely include a charge of violating Vehicle Code § 12500, triggering additional exposure to punishment). You will then be given a temporary driver’s license (a pink form). On this form, you are told that if you do not contact the DMV within ten days of arrest and request an administrative hearing, you will face an automatic license suspension in 30 days.
The issues that the DMV administrative hearing address are:
Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code §§ 23140 , 23152 , or 23153 ?
Were you placed under lawful arrest?
Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in
Unfortunately, the DMV hearing officer serves as both the prosecutor AND JUDGE for the case. This person is not an attorney and the laws are tilted strongly in the DMV’s favor. As a result, it is very important that an experienced attorney be on your side to argue any defenses you may have. In any event, an attorney can help you delay any DMV license suspensions, if not altogether avoid them.
On the criminal side, a DUI can be proved in court either by showing you drove with a blood alcohol content (BAC) of .08% or more, refused a chemical test, or merely drove while under the effects of alcohol, regardless of your BAC.
Attorneys are trained to spot issues with poor police work such that, if the officer deviated from proper law enforcement practices, the entire case can be dismissed. Alternatively, an attorney may be able to negotiated a preferred result, either what is known as a “wet reckless” or, perhaps, even a “dry reckless.” Other counts, such as the aforementioned Vehicle Code violation for driving without a license (VC §12500) are subject to negotiation between the prosecutor and your defense attorney and might be dismissed should accepting a plea be your best option.
The rules are somewhat different for those accused of DUI who are under 21 years of age. In these cases, the license suspension may be longer though it is often the case that the criminal penalties are not as severe. Furthermore, a DUI with a prior DUI in the previous ten years spikes
the potential consequences dramatically; and the penalties get worse and worse the more DUIs one has during that ten-year window.
In sum, DUI defense is wrought with intricacies. Knowing the ins and outs of the criminal system—as well as the DMV administrative system—is key to giving you the best shot at minimizing the consequences or winning your case outright. If you have been cited for driving under the influence, or any vehicle code violation, contact us immediately.
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Criminal Lawyers & Defense FAQs
If You Already Have A Criminal Defense Attorney and You’re Not Happy With Your Attorney, Can You Switch It?
The answer is yes. Absolutely not only do you have a right to counsel in this country, but you have a right to the attorney
It is not recommended that you represent yourself in a criminal defense matter. There are attorneys that are trained, that go to school, that go
Public defenders work for the government and have a tremendous amount of cases. They’re extremely busy because the government gives them these cases to handle
The way the Matian Firm works is we provide a flat fee retainer for your case. For example, if you come into our firm and
I Was Caught Red-Handed, the Police Have All the Evidence to Prove that I’m Guilty. Why Should I Hire a Criminal Defense Lawyer?
You should absolutely hire a criminal defense lawyer. Because even if you think the government has all the evidence they need against you, a competent
This Is the First Time I’ve Ever Been Charged With a Crime. Will the Court Take This Into Consideration?
Yes, a court or district attorney or prosecutor or city attorney will always take into consideration the totality of circumstances which includes your past, criminal
There are essentially three ways: 1.) The district attorney could make a decision to drop the case because they feel that there isn’t enough evidence
If the crime that you’re charged with can land you in prison for over a year then that is classified as a felony. If the
Does the Police Need a Warrant to Arrest you? In What Circumstances Can a Police Officer Arrest You Without a Warrant?
No, the police do not need a warrant to arrest you. If a crime happens in their presence and they witness it, then they can
The answer is this it’s unknown. Every courthouse is different, every jurisdiction is different, every judge is different, every prosecutor is different, and every single
Miranda rights are only supposed to be read for you. They are only applicable is if you are in custody and the police want to
If I Was In Custody and the Police Asked Me Incriminating Questions and I Answer Them, But They Did Not Read Me My Miranda Rights, What Happens Then?
Well if you have a good attorney, a competent attorney they will file a motion to make inadmissible your answer. So if you provided an
Mistake of Fact Defense: Can be a defense to a crime. For example, let’s say you had an identical purse as someone, and you put
Reckless Vs Careless Careless negligence is things that are more minor. For example, if you’re driving on the street and you’re in your own lane,
If I intend to do something that is intentional, if I don’t intend to do something but something happens that is unintentional, it’s like a
The answer is pretty self-explanatory. Simple assault is when there are either no injuries or very minor injuries. Possibly extremely minor bruising or something along
Voluntary Versus Involuntary Manslaughter Voluntary manslaughter is the act to kill someone and you have the means, the intent, the reason behind killing that person.
The answer is police officers don’t have a right to search anything. There has to be certain circumstances that will give them the reason to
What Kind of An Attorney Should I Expect to Work On My Case? How Many Attorneys, Paralegal Staff Members, Are Usually Assigned to a Criminal Case?
Well that all depends on your specific crime and also the type of firm you hire. If you hire a firm that only has one
The majority of arrests are made by the state government. However, the federal government also has a prosecutorial arm and the jurisdiction where they could