What do you do if you are arrested near the Courthouse after making a court appearance related to a DUI? We see this a lot.  There's something called the H20 squad, a group of law enforcement, part of the arm of law enforcement, that tries to stop people from driving who have DUIs and have been ordered not to drive.

So, what they will do is go to court every day.  For example, take Van Nuys court.  They'll wait near the court.  They'll know who's on the calendar that day for their court appearance, and then they'll wait for that person to make the court appearance, come out, and then look for them to get into a vehicle and drive. They'll then pull them over.

So, you ask yourself, how do they figure out who these people are?  They're able, through their resources, to obtain the person's driver's license and take a Soundex photograph of the person.

They probably have cooperation from the court and the prosecutors because they're being given information on who will appear on the calendar that day.  They tie all that information together.

Now they've got a photograph of the person they're looking for and are out there watching people.  They follow them from the court. They're dressed in plain clothes.  It's called the H20 squad, and they can get you for driving on a suspended license.

Sometimes, we can attack these arrests.  We can say that's an illegal stop.  They didn't have probable cause to stop that person.  Of course, we will have to be able to prove that.  If they can see that you had a court appearance, they've got a picture of you.

They know your driver's license is suspended, and they observe you getting into a car and driving; that's likely probable cause to stop you and potentially arrest you or issue a citation to appear in court.

However, it just causes so many problems for you because if you were in court, that means you're on probation, and if you're driving on a suspended license because of a DUI, that means you're going to get charged with a Vehicle Code Section 14601.2, and that has to do with a DUI.  There's mandatory jail time for that type of conviction.  So, you want to avoid a conviction.

Court's Arguments to Avoid Jail Time

We strive to do what we are hired to do in cases involving Van Nuys, San Fernando, the Metro court, and all the courts that handle DUI cases in Los Angeles County.  Therefore, you need to understand the ins and outs.

You have to know what arguments will make sense, and judges might listen to them in an effort to keep somebody out of jail who has been arrested by the H2O squad or cited because of a suspended license after appearing in court.

Not only are they looking at a new open charge, but a slight twist is added: in addition to that available charge, you're also going to be looking at a probation violation.

Because part of your probation for a DUI in Los Angeles County is to obey all laws and rules and orders of the court, so if the court orders you not to drive on a suspended license — which they usually do when you have a DUI — or not to drive while your license is suspended, then you've violated your probation.

So, you'll be looking at two potential punishments. One for opening a new suspended license case related to the DUI because you're not allowed to drive and violate your probation with the court.  The prosecutors will have a say in determining your punishment in that scenario, which could include fines, community service, or even jail time.

Additionally, in cases where prosecutors have a say, the court will also have a say, as it will decide whether you violated your probation and, if so, what your punishment should be.

Negotiation with the Prosecutor and Judge

When I negotiate these cases, I negotiate with two key individuals. I deal with the prosecutor in charge of your claim for that day, who represents the state's interests, and I negotiate with the judge in charge of the probation violation, who has the authority to decide on your punishment.

So, many times, I've got to approach the bench, go up there, talk to both the prosecutor and the judge simultaneously, and say, look, this is my client's got.  What would you like to do? Sometimes, they're reasonable if you can explain why your client was there and why your client was driving when they shouldn't have been driving.  Often, in these cases where the person is pinched outside the courthouse, they were going because they needed to get to court.

If you live far away, they're looking at whether you could have had transportation.  They're going to look at all these things because what you're trying to do is explain to the judge why you did what you did.

The judge will consider whether or not that's a reason to give you a break, and also consider your dangerousness level. If you're drinking and driving and get busted for driving on a suspended license, those people will get the book thrown at them because they're dangerous.

If you get in an accident, these are the dangerous people hurting themselves and hurting members of society. Those are the people whom prosecutors and judges look to punish severely.

If you were caught after your court appearance trying to get into your car by the H20 squad or law enforcement and need help, you've come to the right place. We are here to guide you through this challenging time and assist you in resolving your legal issues. All you have to do is pick up the phone and call me. Often, we can cinch up everything over the phone. You can pay us with a credit card. I'll send you a contract for your signature, and then I'll begin working on it.