California DUI Attorney

Five things you need to know if you are charged with a DUI in California:

HIRING AN EXPERIENCED DUI ATTORNEY CAN MAKE A DIFFERENCE IN YOUR CASE

A recent study revealed that 70% of people who are charged with a DUI in the state of California are first time offenders. That means that they are likely ordinary people with little experience with the legal system. An experienced criminal law attorney who specializes in DUI cases and cares about your case can spend the time and effort required to file motions, request additional discovery, and conduct investigations that could lead to a dismissal of your DUI charge. Even if you’re convinced that you’re guilty, an experienced attorney will look through all of the evidence in your case to determine whether you were treated fairly in accordance with the law, and whether a reduction or dismissal of the charges against you are warranted

AN EXPERIENCED ATTORNEY WILL PROTECT YOUR TIME & PRIVACY

Depending on the individual circumstances your case, you may not have to attend all court hearings. Experienced attorneys may be able to attend some or even all of your court hearings on your behalf and you will not need to spend time away from work or even be seen in court.

THE DMV MUST BE CONTACTED ASAP

In order to preserve your right to drive in the state of California, you or your legal representative must contact the proper DMV Drivers Safety Field Office to schedule a hearing within the first 10 days of your arrest. If the DMV is not contacted within this 10 day timeframe, your license will be automatically suspended for 30 days or more. The DMV hearing is separate from the Court hearing, and determines whether or not you can keep your license. Even if your DUI is reduced to a reckless driving offense in criminal court, the DMV can still suspend your license.

THE CRIMINAL COURT HEARING IS SEPARATE FROM THE DMV HEARING

The Criminal Court hearing determines whether you will be convicted of the charges filed against you, the fines you may have to pay, probation and additional driving suspensions. You may be charged with two separate DUI offenses under the California Vehicle Code (CVC 23152(a) and CVC 23152(b)). An experienced DUI attorney may be able to aid in the dismissal of at least one of the charges. An important bit of information to keep in mind: the timeline for the DMV hearing and the Criminal Court hearing are unrelated. Depending on whether your attorney files motions and requests additional discovery, the Criminal Court hearing may span over several months, while the DMV hearing typically does not

EVIDENCE MATTERS

By law, the prosecution must turn over the evidence that they intend to use against you in court. However, the prosecution is not obligated to turn over all the materials that are related to your case, such as the arresting officer’s file. An experienced DUI Attorney will take the time request discovery to obtain important information about your case, perform independent investigations, and even retest blood and urine samples, which may lead to a dismissal of the DUI charge.

A DUI charge is a serious offense and can affect many aspects of your life, including your career and relationships. Although you may be entitled to representation by a Public Defender, hiring an experienced DUI attorney who can spend the extra time you deserve on your case is the best way to make sure your interests are fully represented. Select an attorney who you feel comfortable with, who is easy to reach, and most importantly, who you feel like you can trust

Originally published here.

Los Angeles DUI defense attorneys are faced with a new challenge in defending drunk driving due to new attempts by California police authorities to fight DUI.  Police Departments throughout California are attempting to use social media and online services to make those who get arrested for DUI embarrassed.  How do they propose doing it? Criminal Attorneys are informed that their client’s name and photo may be placed on social media sites such as facebook, myspace and LinkedIn.

Fighting DUI cases in California has become increasingly difficult for Drunk Driving Defense Attorneys.  This is just another reason why DUI lawyers must take every drunk driving arrest, especially those that involve bodily injury more seriously.

Privacy advocates must work in conjunction with criminal attorneys to curb the overly enthusiastic efforts of Los Angeles Police Department to fight DUI by causing unnecessary shame and embarrassment, when other means of fighting DUI is readily available.  Police Department defends its proposed action of placing mug shot of those who get arrested more than once for driving under the influence of alcohol on sites such as Facebook and Myspace, by arguing that such action “saves lives”.  It is arguable, however, how causing shame and embarrassment by exposing such individuals to pubic view will save lives. To what extent could law enforcement authorities invade one’s privacy?  Is this the beginning of the creation of a database of DUI convictions with their private information and photos available for everyone to see?

Are the authorities attempting to fight DUI cases by making DUI an equivalent of sexual predators whose name are readily available online?  To propose that the photograph of everyone who gets arrested for Drunk Driving must be immediately place on social media sites clearly violates the constitutional rights of our private citizens.  Criminal Defense Attorneys have long fought for our citizen’s rights to privacy and have played a major role in creating a balance between privacy rights of our citizens and the government’s right to protect the safety of the public.  In the context of California Drunk Driving Laws, and for all intents and purposes in the whole United States, there should not be an assumption that everyone who gets arrested for DUI will in fact be convicted of the crime.  Also, many times a conviction is the result of plea negotiations between criminal attorneys and prosecutors in DUI courts, where there is not convincing evidence of the arrestee’s guilt.

To cause such embarrassment to DUI arrestees by exposing them to ridicule and shame on social medial sites California Law Enforcement Authorities are clearly invading our citizen’s privacy rights, their right to be secure in their property and belongings, and the presumption of innocence until guilt is proven.

The presumption of innocence does not change for repeat DUI offenders.  There is no question that drunk drivers in California are responsible for a large percentage of vehicle related deaths each year.  However, defense attorneys argue that the constitutional rights of private citizens should not be abridged in order to curtail the interest of those who intend to drink and drive.  We could not correct a wrong with another wrong.  If we don’t stop this, next thing you know, they will make the license plate of drunk drivers a different color so that everyone knows they have had a DUI, or they could make them place a red flag in their yard, and better yet write it on their forehead “drunk driver!”

Multiple Police Departments in California have pressed the issue of placing mug shots of DUI arrestee online.  This is done in an increased push by law enforcement authorities and various non-profit organizations and anti DUI advocates who have lost loved ones in drunk driving accidents.

DUI Defense requires specialized Knowledge and skill. With the help of our trained attorneys who aggressively defend Drunk Driving charges, avoid jail time and license suspension. Get the most professional Drunk Driving defense in Los Angeles you deserve. 

At the Law Offices of Tony M. Seyfi, criminal defense attorney, our goal is victory for our clients in defending DUI cases, and we are confident of our defense strategies.  If you would like to discuss your DUI case, call us today for a FREE CONSULTATION and case analysis.

Law Offices of Tony M. Seyfi, Los Angeles, California.  Call:  866-533-3363

Originally published here.

***Find a pre-screened DUI attorney in Los Angeles 661-310-7999. Lawyer referral serviced approved by the CA Bar Association***

California DUI/DWI Facts and Statistics

Drunk driving or driving under the influence (DUI) is the act of driving a motor vehicle under the influence of alcohol or while in an inebriated condition. It is a common problem in the United States and the rest of the world. DUI is responsible for 41 percent of total traffic deaths.

Alcohol tends to get absorbed into the bloodstream and is carried to the brain immediately upon consumption. Laws in the US in relation to DUI have become extremely strict. In the state of California alone there are approximately 200,000 arrests for DUI every year. The law has enforced strict and stringent measures against people who have found to have a blood alcohol count of 0.08% or more.

Based on California law, a person under the influence of alcohol is charged on two counts, a Vehicle Code section 23152(a) count, driving impaired by alcohol and 23152(b), driving above a .08% Blood Alcohol Content.

California Highway Patrol records, 1998 states that in 1997, a total of 31,189 people were injured in alcohol-related traffic accidents in California. This comes down to approximately 86 people per day. Injuries caused in such accidents comprise of roughly 10.94% of the total 284,871 traffic injuries in California. It also states that in 1997, a total of 1,100 people were killed in alcohol-related accidents in California – this equates to 3 people per day. These deaths roughly represent almost 29.96% of the total 3,671 traffic fatalities in California.

Strict and stringent laws have been enacted to deal with offenders caught while DUI. Jail sentences range from 2 days to 120 days depending on the intensity of the offence. Similarly DUI schooling may also be recommended. This may range from 15 weeks to 18 months. Sale of the vehicle or impounding may also take place with the proceeds going towards charity.

Statistics have proved that since the enactment of the 0.08% blood alcohol count, the DUI arrests have decreased by an assenting rate of 45%. The number of deaths and injuries has also shown a 50% decrease. This is a positive indication, which proves that to an extent, the imposition of fines and punishments has shown affirmative results.

Alcohol offenses are serious crimes, which carry major consequences if convicted. An alcohol related crime can be one of many subcategories including, DUI, DWI, underage drinking, public drunken behavior and the illegal distribution, production and sale of liquor.

If you have been charged with any of these crimes, 1000Attorneys.com can help you find a pre-screened lawyer who specializes DUI charges in California. All Attorneys are insured and monitored by a process approved by the California Bar Association and the Supreme Court.

Any punishment or penalties assigned by the court in a California DUI / drunk driving case is separate from the repercussions possible at the DMV. The California DMV will suspend the driver’s license for a minimum of four (4) months for a first-offense (1st) DUI / DWI arrest if the driver loses the hearing.

The DMV will suspend the driver’s license for one year for a second offense (2nd) and two years for a third offense (3rd). These are the repercussions faced by California drivers who submit to a chemical test of their blood or breath. In the case of a refusal, the DMV punishment is increased: a first-offense (1st) will trigger a one-year suspension with no opportunity for a restricted license.

A second offense (2nd) with refusal will result in a two-year suspension, and a third offense (3rd) will cause a three-year suspension.

Originally published here.