Archive for the ‘ DUI ’ Category

FIRST, YOU GET SICK: THEN, YOU GET ARRESTED

Posted on: March 13, 2015 by in DUI
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California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI defense attorneyIf you are a diabetic driver suffering from hypoglycemia – low blood sugar – you could be arrested and charged with DUI. It’s happened before in California. The symptoms of hypoglycemia are quite similar to the signs of driving under the influence. Get legal representation at once if you are wrongly accused of DUI in Orange County or anywhere in southern California, and contact an experienced Orange County DUI defense attorney. The symptoms of hypoglycemia include impaired vision, slow or slurred speech, disorientation, fatigue, and even an unusual breath odor. Mistaking hypoglycemia for intoxication is actually a mistake almost anyone could make.

If you suffer hypoglycemia but a police officer suspects you of DUI, you may not perform well if you take the field sobriety tests. You can decline, but do so respectfully, and anticipate that you’ll be taken into custody anyway. Breathalyzer tests can also be wrong for people suffering with diabetes. When someone is having a diabetic reaction, a breathalyzer cannot determine the difference between alcohol and acetone; it may register a high level of alcohol where there isn’t any. Frankly and candidly, if you suffer hypoglycemia, ketosis, or ketoacidosis while you are driving, you can be a danger to yourself and others on the road, and in California you can lose your driving privilege. Nevertheless, you should not be prosecuted on criminal charges. You didn’t break the law and you’re not guilty of DUI under California Vehicle Codes 23152(a) and 23152(b).

Hypoglycemia is a condition that can impact almost anyone. Take it seriously. If you are dealing with hypoglycemia or with any other condition that reduces your ability to drive safely, you may want to consider not driving at all. Still, if you are charged with DUI in Orange County, get the legal help you need and speak right away with an experienced Orange County DUI defense attorney.

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WHEN DUI BECOMES HISTORY

Posted on: March 6, 2015 by in DUI
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California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI defense attorneyYou’ve seen it. You’ve heard about it. Now it’s going to happen. The computer-guided, thoroughly-automated car of science fiction is almost here. A few of the driverless vehicles will be on some California roads as soon as 2020. And it’s now likely that by 2030, DUIs, accidents with injuries, and tickets could actually be history. Computer giants such as Google are working with automakers to perfect the driver-free automobile and bring it to the marketplace – and to California’s streets and highways – as rapidly as possible. For now, however, we’re all still stuck in the year 2015, and some drivers in California still drive under the influence. You still need legal counsel if you’re charged with DUI in Orange County or elsewhere in southern California, and you’ll still need to call an experienced Orange County DUI defense attorney.

The driverless cars of the near future will take you anywhere and everywhere. Computerized scanners will observe nearby vehicles and steadily make incremental safety adjustments. DUI laws may simply become anachronisms in a world where you just tell your car to take you home. In a fully-computerized system, everyone’s well-being will also be enhanced by the permanent cessation of high-speed police chases. The cops will be able to halt a car remotely and electronically.

Thus, DUI may only be a memory in another fifteen years. But if you’re facing a DUI charge today under California Vehicle Codes 23152(a) and 23152(b), obtain legal help from a good DUI defense lawyer. Don’t plead guilty, don’t try to act as your own attorney, and don’t put your future at risk. A good DUI lawyer can develop a strong defense and fight aggressively to bring your DUI case to its best possible conclusion. If you’re charged with DUI in Orange County, speak as quickly as possible with an experienced Orange County DUI defense attorney.

WHEN YOU APPROACH A DUI CHECKPOINT

Posted on: March 4, 2015 by in DUI
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California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI defense attorneyIn most driving situations, the police must have probable cause to believe that you’ve broken the law before they can stop you. However, DUI checkpoints are not like most driving situations. Probable cause isn’t needed to stop drivers at a DUI checkpoint. If you’re arrested in Orange County for DUI under California Vehicle Codes 23152(a) and 23152(b), at a DUI checkpoint or anywhere else, arrange immediately to speak with an experienced Orange County DUI defense attorney.

DUI checkpoints lead to hundreds of DUI arrests in southern California, so many police agencies use them extensively. The signs of intoxication that a police officer looks for include alcohol on your breath, slow or slurred speech, a lack of coordination, red or watery eyes, and fumbling for your driver’s license or registration. All such evidence is plainly circumstantial, and while no guarantee can ever be made regarding the outcome of any particular criminal case, if you’re arrested for DUI for any circumstantial reason, the right DUI attorney may be able to offer an effective defense on your behalf.

The law requires law enforcement agencies to alert drivers approaching DUI checkpoints by posting signs. You aren’t required to pass through a DUI checkpoint if you don’t want to. So long as you obey the traffic laws, you can avoid the checkpoint, but don’t give the officers any reason to stop you – like making an illegal U-turn. Smartphone apps are also now available that alert drivers of DUI checkpoints in their vicinity.

If you are arrested for DUI at a DUI checkpoint or elsewhere in Orange County or southern California, speak at once with a good DUI defense lawyer who can compile evidence and examine witnesses on your behalf while working to discredit the state’s case against you. Don’t wait. If you are charged with DUI, contact an experienced Orange County DUI defense attorney as quickly as possible.

DUI’S AND PROFESSIONAL LICENSING DON’T MIX!

Posted on: February 16, 2015 by in DUI
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California Vehicle Code 23103 and 23103.5

Orange County DUI defense attorneyA DUI accusation is something that you very much want to avoid if you’re a professional person in southern California. In addition to the criminal DUI charge and the DMV’s action to suspend your driver’s license, the group that issues your professional license may impose even more penalties. If you are a professional in Orange County, let an experienced Orange County DUI defense attorney provide the legal assistance you need if a licensing board takes action against you.

The possibility of addiction is a primary issue for most licensing boards. You may need witnesses and evidence to demonstrate that your DUI charge was an isolated incident and that you are not addicted to alcohol or any other substance. Licensing boards are also concerned with crimes of moral “turpitude,” a depraved act of thoughtless disregard for the welfare of others. In southern California, an experienced DUI defense lawyer can help professional persons challenge disciplinary actions based on a DUI charge including the revocation or denial of your professional license or certification. Accountants, attorneys, real estate agents, civil engineers, physicians, nurses, pilots, contractors, dentists, pharmacists, and teachers are just some the professionals in California whose licenses may be revoked or denied on the basis of a DUI charge or conviction.

If you are a professional accused of DUI in Orange County under California Vehicle Code 23103 and 23103.5, do not plead guilty, and do not try to act as your own attorney. Instead, get legal help at once. A good DUI lawyer can also help professionals in Orange County deal with professional licensing boards, but do not wait to obtain that help. If you are charged with DUI in Orange County or elsewhere in southern California, safeguard your career and let an experienced Orange County DUI defense attorney fight for justice on your behalf.

APPEALING DUI CONVICTIONS ARE POSSIBLE

Posted on: February 13, 2015 by in DUI
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California Vehicle Code 23103 and 23103.5

Orange County DUI defense attorneyIf you make the choice to appeal a DUI conviction in California, make sure that your decision is reasonable rather than emotional. Appealing a DUI conviction can be a long and difficult challenge in the California court system. Still, if you believe that you were wrongly convicted, you may be able to appeal your conviction. Be sure you’ve obtained the counsel of an experienced Orange County DUI defense attorney before making any final decision.

Don’t appeal your DUI conviction merely as a ruse to avoid some of its legal consequences; you should only appeal a DUI conviction when you genuinely believe that you are innocent. A good DUI defense lawyer can help you determine if sufficient grounds exist for potentially overturning your DUI conviction. Success is more likely if you work with an experienced DUI defense lawyer.

Legal grounds for appealing a DUI conviction may include false arrest, lack of evidence, or jury or prosecutorial misconduct. If you’re convicted of a misdemeanor DUI under California Vehicle Code 23103 and 23103.5, you have only 30 days to file an appeal with the Appellate Division of the Superior Court. A felony DUI appeal also must be filed within 30 days. A prosecutor has already proven guilt “beyond a reasonable doubt,” so an appeal must convince the court that the conviction was made in error. Appealing a felony DUI conviction can take up to a year.

When you genuinely believe in your innocence, seek the advice of an experienced California DUI defense attorney regarding an appeal. If a good DUI lawyer agrees that you have grounds to overturn the conviction, that lawyer can fight diligently to defend your rights and set the record straight. If you’re considering an appeal, or if you’re facing any DUI-related charge in Orange County, speak at once to an experienced Orange County DUI defense attorney.

IF ARRESTED FOR DUI, KNOW WHY

Posted on: January 30, 2015 by in DUI
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California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI attorneyPeople who haven’t had professional legal training can sometimes have half-correct – and even half-baked – notions and ideas about the law. This seems to be particularly true about DUI laws. Many people, for example, do not understand that a DUI charge in California affects your driving privilege. The state initiates two distinct proceedings every time a DUI charge is filed: the DMV administrative proceeding to suspend your license and the criminal DUI case. If you’re charged with DUI in Orange County, you should have an experienced Orange County DUI attorney represent you before the DMV.

Every California driver also needs to understand clearly that if you injure someone while driving under the influence, you could be sued for damages by the victims in civil court. Combined with the DMV proceeding and the criminal charge, it means that you can actually be punished for DUI in three different ways in California.

Another widely misunderstood element in DUI cases is chemical testing. If you took a chemical DUI test and you measured a blood alcohol content (BAC) level over the legal limit, it does not automatically mean that you will be convicted. A good DUI defense lawyer can usually challenge the test results or develop a more promising line of defense. Another misunderstanding: many people do not realize that the attorney you select can make all the difference. Find a trustworthy DUI defense attorney with substantial experience representing DUI defendants. An experienced DUI lawyer can protect your rights and fight aggressively for the best possible resolution to your DUI case.

There’s one final aspect that many may not realize about DUI laws: the legal penalties can be genuinely harsh, including a driver’s license suspension, fines and fees, probation, DUI classes, and in some cases, jail time. If you are charged with DUI in Orange County, retain experienced legal counsel as quickly as possible and arrange to speak with a trustworthy Orange County DUI attorney immediately.

DUI’S, IN CALIFORNIA, CAN FOLLOW YOU HOME!

Posted on: January 28, 2015 by in DUI
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California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI defense attorneyIf you are visiting California with an out-of-state license, and if you’re arrested and charged with DUI while driving in our state, the law can be complex and the consequences can be harsh. If you’re a visitor to Orange County and you’re charged with DUI, it’s absolutely vital to retain legal counsel immediately and contact an experienced Orange County DUI defense attorney who has helped scores of drivers just like you.

In California, when you are arrested for DUI under California Vehicle Codes 23152(a) and 23152(b), you will be told that your driving privilege in California will be suspended in 30 days. From the date of the arrest, you have ten days to ask for a hearing with the California Department of Motor Vehicles (DMV) to dispute the driver’s license suspension. If you must return to your home state, a trustworthy DUI defense lawyer can represent you at the DMV hearing, but your lawyer must request that hearing within ten days of your arrest.

Living in another state does not mean that you can avoid a driver’s license suspension. Under the Interstate Drivers License Compact (IDLC), 45 of the 50 states report DUI arrests and other driving violations to one another. If you don’t ask for a DMV hearing, or if you just ignore it and leave the state, your home state may suspend your license either immediately or after a California DUI conviction. Only Michigan, Tennessee, Georgia, Massachusetts, and Wisconsin are not part of the IDLC agreement.

Visitors charged with DUI in southern California are wise to retain the advice and services of an experienced Orange County DUI defense attorney. Your attorney can fight for your driving privilege before the DMV and also defend you against the DUI charge in criminal court. The right DUI attorney can advocate aggressively on your behalf and bring your DUI case to its best possible resolution. If you’re an out-of-state visitor who faces both a DUI charge and a driver’s license suspension in Orange County, call and arrange to consult with an experienced Orange County DUI defense attorney as quickly as possible.

TIPS TO AVOID A DUI

Posted on: January 19, 2015 by in DUI
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California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI defense attorneyIf you’re charged with driving under the influence in Orange County, contact an experienced Orange County DUI defense attorney as quickly as possible. These recommendations may help if you’re stopped by the police and they suspect that you are driving under the influence:

1. Stop quickly and cautiously whenever a police officer signals you to pull over. Always know precisely where you’ve placed your driver’s license, registration, and proof of insurance.

2. While being pleasant and polite, exercise your right to remain silent.

3. Unless you are 18 or under, or unless you are on probation for a prior DUI, politely decline to submit to any DUI test prior to being arrested. You may not decline a test after you’ve been lawfully arrested, at which point you should insist on a blood test rather than a breath test. Let your lawyer deal with the test result.

4. Frankly, if you’re planning to have a drink or two, you should arrange for a taxi, a car service, or a designated driver. If you aren’t driving, you can’t be guilty of DUI.

In California, even for a misdemeanor first-time DUI conviction with no property damage or injuries, the penalties can include three to five years of probation and up to six months in jail; a driver’s license suspension for six months; several thousand dollars in fees, fines, and other penalties; and completion of an alcohol education course. With each subsequent DUI conviction in California, offenders face increasingly severe penalties, so while it’s important to avoid a first conviction, it’s even more imperative to avoid a second or subsequent DUI conviction. If you are charged with DUI in Orange County under California Vehicle Codes 23152(a) and 23152(b), don’t wait. Get the legal help you need as quickly as possible, and arrange immediately to consult with an experienced Orange County DUI defense attorney.

Settle For a “Wet Reckless!”

Posted on: January 12, 2015 by in DUI
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Orange County DUI defense attorneyIf you are charged with DUI in Orange County, you’ll need the counsel of an experienced Orange County DUI defense attorney, someone who can address your concerns and fight for justice on your behalf. In California, often a DUI suspect will be offered a chance to avoid a DUI conviction by pleading guilty instead to “wet reckless.” The police cannot charge you with wet reckless; wet reckless was designed exclusively to be offered to DUI defendants by prosecutors as a plea bargain option under California Vehicle Code 23103 and 23103.5. If the evidence against you is overwhelming, pleading to wet reckless may indeed be your best option, but in other cases, it may not be. Don’t accept any plea bargain offer from a prosecutor prior to speaking with an experienced DUI defense lawyer.

Some jobs and professional licenses are not available to those with DUI convictions; pleading to wet reckless lets a defendant keep or apply for such a job. For most employers, a wet reckless conviction simply is not as serious as a DUI conviction. By pleading nolo contendere to a wet reckless charge, you may be able to pay lower fines, attend fewer hours of driving classes, and avoid jail time. However, the Department of Motor Vehicles may still suspend your driver’s license, and your insurance rates may go up. If you are charged with any alcohol-related driving offense in the future, the courts count your wet reckless conviction as the legal equivalent of a prior DUI conviction.

Although no guarantee of results can ever be made regarding any particular criminal case, an experienced Orange County DUI defense attorney will work to bring your DUI case to its best possible resolution. If you are charged with DUI in Orange County, don’t wait. Call an experienced DUI defense lawyer immediately.

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THE MORE DUI’S YOU HAVE, THE WORSE THE PUNISHMENT BECOMES

Posted on: January 9, 2015 by in DUI
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Orange County DUI defense attorneyCalifornia Vehicle Code 23103 and 23152. In California, your fourth DUI is a felony. If you are charged with DUI – whether it’s a first offense or you’ve been convicted previously – you’ll need to obtain legal counsel immediately and contact an experienced Orange County DUI defense attorney. In Colorado, a man named Danny Lovern was charged last year with DUI for the sixteenth time. Subsequent DUIs are not felonies in Colorado. In California, a fourth or subsequent DUI is a felony, but the maximum sentence for a sixteenth DUI in Colorado is a year in jail. The Colorado prosecutor took Lovern’s case before a grand jury, and grand jurors indicted him on assault and attempted manslaughter. They determined that for Lovern, simply getting behind the wheel while impaired constituted the assault and attempted manslaughter of anyone who might be on the road with him.

Almost anyone can make a mistake or be in the wrong place at the wrong time. When you’ve been convicted of DUI two or even three times, you can still say it was just a bad break, and you can be much more cautious about avoiding drinking and driving. But what should the law do about the person busted for DUI for the umpteenth time, someone who isn’t helped by DUI classes or rehab and who isn’t concerned about the law? When should the state simply say that enough is enough?

California’s system, for all of its faults, may offer a more effective approach than Colorado’s. Under California Vehicle Codes 23103 and 23152, beginning with someone’s fourth offense, DUIs in California are felonies, so the more chronic offenders are punished more harshly and serve longer terms than first-time and second-time offenders. Thus, it’s unlikely that a case like Danny Lovern’s could happen in California. But if you face a DUI charge in southern California, now or in the future, take your case at once to an experienced Orange County DUI defense attorney.