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Best Strategies for a San Fernando Court DUI Case

Posted by Ronald D. Hedding | Oct 08, 2019

I've been handling DUI cases in the San Fernando courthouse since 1994. There was a big earthquake, and many of the cases had to be moved to another building while they fixed the San Fernando courthouse. These guys have handled hundreds of DUI cases since I've been practicing there.

So, I have a good feel for how they handle cases, which cases can be tried and won, and which cases, depending on the evidence against you, you should consider taking a plea bargain. 

One of the most significant pieces of evidence in a San Fernando court 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. It's crucial to understand the gravity of a high blood alcohol level in a DUI case.

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.

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 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 was 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 was, then they can 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.

San Fernando Court DUI Charges

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 now 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 don't realize that you can't have anything in your system that affects your 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 potentially the DUI law in San Fernando and across California being lowered to a .05 as they've 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 help you with the DMV, which certainly can take your driver's license, restrict it, make you put an ignition interlock device in your car, and do a host of other things that you don't want to be involved with.

You heard that you started in Department M in San Fernando for a misdemeanor case.  You will begin in Department F for felony cases where you've injured somebody. That is the felony arraignment court.

When facing a DUI case in San Fernando, it's essential to have an attorney with extensive experience in the local legal system. Your attorney should know how to win a case, when to consider a plea bargain, and understand the dynamics of the courthouse. Choosing the right attorney can significantly impact the outcome of your case.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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Hedding Law Firm is committed to answering your questions about DUI law issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.

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