I've been handling DUI cases in the San Fernando courthouse since 1994. A major earthquake occurred, and many cases had to be relocated to another building while the San Fernando courthouse was being repaired. These attorneys have handled hundreds of DUI cases since I began practicing there.
With my extensive experience in the San Fernando courthouse, I have a keen understanding of how cases are handled. I can identify which cases can be successfully tried and won, and which cases, based on the evidence against you, may be best resolved through a plea bargain. This knowledge and experience can provide you with a sense of reassurance and confidence in your legal representation.
In a San Fernando court, one of the most significant pieces of evidence is your blood alcohol level. The higher the level, the more challenging it becomes to win the case and avoid severe penalties, including jail time. Understanding the gravity of a high blood alcohol level in a DUI case is crucial, as it underscores the seriousness of your situation and the need for immediate legal action.
So, if you've got a case in San Fernando, you've probably been given a citation. If the case has been filed as a misdemeanor, you'll start in Department M, which is the arraignment court. The arraignment court is where you will be formally charged and enter your plea. It's a crucial stage of your case, and having legal representation from the start can significantly impact the outcome.
They handle all the DUIs, and then ultimately, if you enter a not-guilty plea, your case will be moved into one of two trial courts — Department A or Department B. They handle all the trials, and if you're going to do a trial on a DUI in San Fernando, you've got to have a good angle. You've got to have a good argument, and you've got to be able to win. There's no reason to go to trial if you can't win.
Did Police Stop You Lawfully?
One of the factors you're going to be looking at in deciding whether to fight a case in the San Fernando court is number one. Was the stop lawful? If they didn't lawfully stop you, you could file a Motion with the Judge. The Judge will decide whether or not it was an illegal stop.
If it were an illegal stop, the whole case could be thrown out. You never even get to trial. If it were a legal stop, the subsequent inquiry would be, ' What was your blood alcohol level? ' Was it a .08 or greater? Because if it were, then they could certainly make a run to convict you.
They'll have to call an expert. They'll have to prove when you were driving, and they're going to have to show that whatever they used — whether it was blood or breath — is an accurate test and was correctly administered against you.
Can It Be Proven You Couldn't Safely Operate a Motor Vehicle?
Another angle to get somebody for a DUI that people don't think about is if you have any alcohol in your system — even if you're under the .08 — they can go after you for a DUI if they can prove that you couldn't safely operate a motor vehicle.
The way they prove that is by having their police officers come in and testify that you failed the field sobriety tests, testify that your driving appeared unsafe to them, that you couldn't walk correctly, you had an unsteady gait and that you seemed to be dangerous to them based on the field sobriety tests.
Another way I'm seeing people prosecuted for DUIs in the San Fernando courthouse is when people are smoking marijuana and driving, and when people are taking prescription medications and driving.
People often don't realize that nothing can be in their system that affects their ability to operate a motor vehicle safely. And this is a huge problem now with medical marijuana being legal and people being able to smoke marijuana.
People now realize that if you're smoking marijuana and driving, and the police believe that you can't safely operate a motor vehicle, that puts you in the wrong position because they're going to test you.
They're going to see that there's THC in your system. Sometimes, you could have smoked the day before, and there could be stuff in your system, so that's a real issue related to DUIs. With the potential for the DUI law in San Fernando and across California to be lowered to a .05, as has been done in Colorado, that's even more of a concern for people.
So, if you have a DUI in San Fernando, pick up the phone. Make the call. We'll not only help you with criminal court, but we'll also guide you through the DMV process. The DMV can take your driver's license, restrict it, make you put an ignition interlock device in your car, and impose other penalties. Understanding and navigating the DMV process is crucial in a DUI case.
You heard that you started in Department M in San Fernando for a misdemeanor case. You will begin in Department F for felony cases involving injuries to others. That is the felony arraignment court.
When facing a DUI case in San Fernando, the choice of your attorney is crucial. It's essential to have an attorney with extensive experience in the local legal system, who knows how to win a case, when to consider a plea bargain, and understands the dynamics of the courthouse. The right attorney can significantly impact the outcome of your case, making the decision of who to choose an urgent and significant one.
