Who Is The Main Law Enforcement Entity That Arrests People For DUIs In Los Angeles County?

Anybody who knows anything about DUIs as far as LA county and the courts go and the highways, knows that the California Highway Patrol or CHP are the ones that make the most arrests for DUI cases across Los Angeles County. In fact, there are awards given to CHP officers who can make the most arrests in one year. They are very connected with entities like Mothers Against Drunk Driving and other entities, and the more DUI arrests they get, the more prestige they get in their unit. They might even get more money. I can’t make that representation one way or the other. The bottom line is the CHP is out on the highways looking to get people for DUIs. They are specially trained in how to operate the machines that are used to test for DUIs. They are specially trained on how to use basically block criminal defense attorneys and DUI defense attorneys from being able to get a case dismissed. So, they’re going to try to get every piece of evidence they can against a DUI defendant so they can make sure that they’re convicted.

They start right from the beginning of a DUI stop. They’re going to say how you were driving. In their police report, they’re going to talk about what your breath smelled like – whether you had a strong smell of alcohol of not. Whether your eyes were bloodshot and watery. When you get out of a car, they always say you had an unsteady gait – meaning you’re not steady on your feet. If they arrest you and send you into court for DUI, you can bet they’re going to say you failed the field sobriety test. They’re going to try every trick in the book to get you for a DUI. They’re going to ask you how many drinks you had. They’re going to ask you where you’re coming from. Where you’re going, and basically, their primary job out on the road is to catch people for DUIs.

Yes, they catch people for other offenses, driving on suspended license, traffic related offices – but again, the CHP sees one of their main jobs is to catch DUI drivers. The reality is, they’ really not supposed to be pulling people over for no reason. They have to have some sort of probable cause that criminal activity is afoot in order to pull somebody over for a DUI or any other offense. But, when it’s late at night – it’s the weekend for example – and you’re out on the road, the CHP is out there and they’re assuming that you’ve been drinking and driving and they’re going to come up with any reason – swerving, speeding, not driving with your lights on – there’s a whole host of things that they put in the police report to justify the pull over.

Then of course in the end, if your blood alcohol level is a .08 or greater, it just strengthens your case that you did something illegal because you were a DUI, so you must have done something illegal. That’s really the angle or the approach that these guys take, whether or fair not, whether it makes sense or not, it doesn’t really matter. I have a lot of clients who get the police report. They read it once they hire me and we come back and sit down and talk about it. They say what’s in this police report is not true. This is not exactly what happened. This is not exactly how I did on these field sobriety tests. This is not what I was doing. They’re not justified in pulling me over.

The bottom line though is it becomes the police of CHP’s word against your word and if they’ve got a blood alcohol level of a .08 or greater, then that strengthens the prosecutions case and it makes the CHP’s work seem more reliable because of the fact that your blood alcohol level is high. You must have done some of the things that they said. So, really what you need to do when you’re thinking about law enforcement officers and what they did is, we as a defense team working together on the case, we’re going to have to figure out what evidence could be available to support some of things that you’re saying? And there are some things that have come out now that are available – dashcams on a lot of the CHP vehicles are available. A lot of police officers, not all of them, are wearing bodycams – that’s another thing that can be available.

Also, there are people out with cell phones. That’s another thing that has caught a lot of CHP officers and other law enforcement officers lying about DUIs and what people are going because they catch them on video.

Are There Other Law Enforcement Officers Besides The CHP That Arrest People For DUIs?

Absolutely. The LAPD arrest people for DUIs all the time. In my experience, and I’ve done hundreds of cases over the last twenty-five years – in my experience, the LAPD is not as sophisticated as far as properly doing the tests and knowing how to handle a DUI stop, a DUI arrest and be able to really put all the pieces of the puzzle together so that when I come in afterwards looking to try to get the case dismissed, it’s much easier to have an angle in my experience when it comes to LAPD police reports than it does with a CHP officer police report.

So, those are really the two main entities – the CHP and the Los Angeles Police Department that arrest people for DUIs in Los Angeles county. It is possible to get arrested by another law enforcement agency, but it just seems very unlikely. So, those are who you are going to deal with when it comes to a DUI arrest in LA. That’s the LAPD and the CHP.

You’re going to want to get an attorney who is familiar with dealing with them and knows how to defend DUI cases and knows the policies and practices of the CHP and the LAPD and what can be done to do damage control related to your DUI in LA.

Contact a Los Angeles DUI lawyer

So, if you have a DUI in California, and specifically, Los Angeles, you’re going to want to get an attorney who has been down this road before and had success. Contact our Los Angeles DUI lawyers to review your case.

What Does It Take To Win A DUI Case In Los Angeles?

I’ve been practicing and doing DUI cases now for twenty-five years. I’ve spoken to all the lawyers who actually do these cases and know what they’re doing. In order to win a DUI case, you’re going to need an angle. Most DUI cases in Los Angeles County are either dismissed because the prosecutors do not have the evidence and they know it or it’s a situation where they do have the evidence and the defense attorney works out a plea bargain for them. It’s a very rare limited amount of cases that actually go to trial. I don’t see a lot of attorneys trying DUI cases. Despite what they try and say when they try to get people to pay them a real big retainer fee in order to get them to do a trial on the case, that the attorney doesn’t even have any information in the beginning.

I never quote DUI trials from the beginning. I want to see whether the client in fact, actually has a chance to win the case before I would ever quote a trial fee. What it takes to win a case is, you have to have an angle that if a jury believes it would give you a victory. For example, there are all kids o different angles that can come up. They don’t come up in every case. They’re fact dependent. There are some cases where the angle is that the person wasn’t driving the vehicle. In order to have a DUI, you actually have to be driving a car, and at the time you’re driving you can’t safely operate motor vehicle either because you have alcohol in your system or did some sort of drugs or a combination of both.

So, if the police can’t figure out when you were driving the car in relation to when they got their hands on you, when you were drinking or when you were using some sort of drugs, then they’re not going to be able to prove their case. That’s one angle that works in cases. I had a case in Ventura county one time where my client allegedly crashed into a pole and he got out of the car because his car was not drivable anymore and he left the scene. He went to get help. He called AAA. He went to get something to eat. He didn’t come back to the scene until quite some time later and when he got back, of course there was a Ventura County sheriff waiting there for him. But they never were able to pinpoint when he crashed into the pole, so that’s one thing they try to do. The police realize this is a problem, so they’ll ask the person, when did you crash here? They didn’t do that in his case, so that case ended up getting dismissed because they could not pinpoint when the driving was.

Another way to attack a DUI case is if there’s a problem with the blood or breath result. For example, sometimes it happens, and it’s happened to me many times because I’ve been doing this a lot and I’ve done thousands of DUI cases across LA county, but sometimes it happens – you have a situation where the machine that is used to test the blood – the Intoxilyzer 3000 – the DUI breath machine ends up being broken and there’s some sort of issue – it’s not calibrated properly, there’s some sort of problem, it’s taken out of service for a period of time – close in time for when they used it for a particular defendant. Now you’ve got an argument. You can say, wait a minute, the machine you have doesn’t even work right. You’re not going to be able to get somebody for a DUI in those circumstances, if that’s all the evidence that you have and that’s what you’re relying on.

Another area that I see attacked is contamination-related to blood. If you have a situation where they take somebody’s blood and then the defense is able to do a blood split on it and the expert for the defense either comes back with a much lower result that’s not under a .08, that would be one way to have an angle to win a DUI case in LA, or the expert says there’s been contamination here. There’s no way these blood results are not accurate. Some expert saying that is huge in a DUI case. So, that’s another way to win a DUI case.

Yet another winnable point is some sort of an illegal stop, and now with all of this video technology, more and more we’re winning cases on this angle where the police are claiming, the person blew a stop sign. They didn’t completely stop, meanwhile there’s dashcam that we get and we can say no, the person did stop, they’re just not telling the truth. They just pulled him over for no reason and made that reason up or they try to claim some other traffic violation and then you get the dashcam or you get a bodycam and then you can make a good argument.

Speaking of bodycams, as well as angles go and DUI in Los Angeles county, a lot of LAPD officers now have bodycams. If they’re claiming a person didn’t pass a field sobriety test and you have a bodycam video showing that they did and that they were fine. They could walk the line. They cooperated with the police officer. They didn’t look drunk. They were walking and talking fine. That’s another angle to get them on. So, there are angles to win DUI cases, but those angles are not apparent and they’re not relevant in every case. Sometimes the police have the goods on you. They’re out there. They’re supposed to be protecting the public from people who are drinking and driving. If they pull you over for a lawful reason, your blood alcohol level is well over the .08, then you’ve got a problem.

So, attorney trying to claim different in every single case without even evaluating the facts, I would never trust those attorneys because all they’re trying to do is get a fee without even looking at the case first. So, first, when I get on a DUI case, I’m going to quote a fee to handle the case short of trial. I get on it. I get all the discovery. I review it. I talk to the client about it. I speak to the prosecutor about it. I’ve obviously got inside knowledge of the court where the case is pending and now we get down to the nitty-gritty. Alright, can you win the case or not? If you can’t win the case then we’re not going to take the case to trial. If you can win the case, then we’re going to set things up and we’re going to take the trial and we’re going to win it. But just saying you’re going to win the case before you know anything is just reckless and doesn’t make any sense.

A lot of people see that nowadays because I talk to them and they’re coming in talking about all kinds of crazy stuff. Wait a minute, that doesn’t even apply to your case. You don’t even have the paperwork on your case. How do you know that that particular issue applies to your case? Just because some sales person on the phone brought that up to you doesn’t mean that it’s relevant in your particular case.

So, that’s the first thing you have to do is, figure out what makes sense. Use your common sense to make some good solid decisions as it relates to winning a DUI case in Los Angeles County.

Contact a Los Angeles DUI lawyer

So, if you have a DUI in California, and specifically, Los Angeles, you’re going to want to get an attorney who has been down this road before and had success. Contact our Los Angeles DUI lawyers to review your case.

Probation Violation Hearings In DUI Cases In Los Angeles

Any time there’s a claim that you violated your probation in a DUI case, you’re entitled to have a probation violation hearing. In other words, the judge can’t just automatically find that you violated your probation and then sentence you to the maximum for whatever it is that you pled guilty to. Obviously, in felony cases, probation violations are much more serious because for a felony DUI, you’re typically looking at up to three years in prison. Whereas, in a misdemeanor DUI, first offense, you’re typically looking at up to six months in jail or if it’s a second or third offense, you could be looking at up to year in jail.

So, these DUI probation violations in Los Angeles can be very serious. Really what the court and the prosecutor are looking at is keeping the public safe. So, to that end, if you violate your probation in any way, you’re probably looking at some jail time and you’re going to want to get an attorney immediately. Because the attorney is going to be able to argue to try to keep you out of jail and explain to the judge and prosecutor why you’re not a danger to the community.

Then you get into kind of splitting hairs as to what the violation is. Is it an internal violation where you violated one of the terms and conditions of probation? In other words, maybe the judge told you from abstain from using alcohol during your probationary period. That was one of the terms of your probation, and they found you drunk, walking around the street and they tested your blood alcohol level and you had alcohol in your system, and now you violated that term and condition of probation. Or is it as simple as you not doing your DUI class in a timely fashion. So, that would be an internal violation – either not doing something you were supposed to or doing something that you were not supposed to.

What I would consider an external probation violation in a DUI case would be picking up a new case. Everybody is ordered to obey all laws and if you don’t obey all laws, then you’re going to violate your probation and be looking at whatever the maximum is for the DUI that you pled to. Another area where I see people getting nailed on is driving. Even if you’re not drinking and driving, if you were told by the DMV that your license is suspended and you’re still on a suspended period and the police pull you over and catch you, that’s a serious offense. You’re looking at mandatory jail time there for that type of a probation violation.

Another scenario is that when you’re on DUI probation, one of the standard terms and conditions is to have no blood alcohol level while you’re driving. In other words, you can’t drink at all, even if you’re under the .08. So, if they test you and you’re a .03 for example and you’re driving, then you violate your DUI probation and you will be looking at jail time.

What’s The Standard For Probation Violation In A DUI Case?

All the judge has to do is find by 51% that you violated your probation. If the judge finds that, then you’ve violated your probation and you’re going to be subject to jail time, community service, Caltrans or whatever punishment the judge deems appropriate in your particular case, your particular scenario and when someone is alleged to have violated their DUI probation and the decide they want to have a probation violation hearing, then the prosecutor is going to call witnesses to try to prove to the judge – not a jury, you’re not entitled to a jury in a probation violation situation – but to the judge, they’re going to have to prove by 51% – which is basically a -preponderance of the evidence – that you violated a term and condition of your probation, and therefore, should be punished for that.

A lot of times I’m seeing people get caught in scenarios and instead of them trying to file a new case against them, the prosecutors do what’s called an “in lieu of” filing which basically means in lieu of filing a new case, they’re just going to go right for the probation violation because they know that’s easier to prove. They know the only have to prove that only by 51% or a preponderance of the evidence versus in a DUI trial, they’ll have to prove the case beyond a reasonable doubt, which is a much higher standard.

So, if you have a probation violation related to a DUI case, there’s all sorts of different angles that can be utilized to help you, to keep you out of jail, but obviously, you’re going to need a seasoned DUI attorney to help make the final decisions on exactly how you’re going to handle your case. What I do is, I have you come in and we sit down and strategize on what we’re going to do, what I’m going to have you do and what I’m going to do moving forward so we try to keep you out of jail and minimize the damage related to your DUI probation violation.

Contact a Los Angeles DUI lawyer

So, if you have a DUI in California, and specifically, Los Angeles, you’re going to want to get an attorney who has been down this road before and had success. Contact our Los Angeles DUI lawyers to review your case.

The Difference Between Vehicle Code §23152(A) And §22153(B) In A DUI Case In Los Angeles

Restitution is a big issue. Basically, what restitution means is it relates to DUIs is, if you have a DUI matter and you end up getting in some sort of an accident and somebody either gets hurt or there is property damage, you are going to be responsible for that if the accident is your fault. So, the prosecutors feel that it’s part of their job to make sure that they get the victims of any accident of any property damage or injury – whatever it is they lost – whether it be their car replaced or whether they lose work – whatever makes sense and whatever they are out of pocket is going to be the restitution that the prosecutors will seek for them.

Unfortunately, I’ve done a lot of these DUI restitution cases over the last twenty-five years. The bottom line is, almost always the law and the rules related to restitution in DUIs is going to be for the benefit of the individual who has been wronged or hurt. The only way you’re going to get out of paying restitution is if you can make the argument number one, that they really didn’t have any out of pocket expenses. Personal injury where people are claiming pain and suffering, you can’t get that as restitution in a criminal case. But if you lost time off work, for example, you could certainly get that.

So, one way would be to say to no, the restitution is not appropriate because it’s a situation where the accident was not caused by the defendant. That’s another powerful argument to avoid paying restitution in a DUI case. In other words, sometimes someone gets in an accident, but whatever injury occurs to the person or whatever property damage is caused by either that person’s own actions or by the actions of a third-party having nothing to do with the defendant. So, the key issue is going to be, is a defendant in a DUI case a substantial factor in damage, property damage, or a substantial factor in an injury-type situation. Once you have that question, then you can start to answer whether or not the restitution is going to be appropriate in a particular DUI case.

How do they Handle Restitution Hearings in a DUI Case?

Basically, the defendant – even though they may be at fault for the accident, property damage or injury – is still entitled to a hearing as it relates to restitution. So, the judge will sit there and listen to all the evidence. See exactly what the alleged victim is claiming they are out of pocket and then the judge will make a ruling at the end as to what, if any, restitution is going to be awarded to the particular individual. So, evidence will be presented. You can certainly present counter evidence. The defendant can testify. The person who is injured can testify. Any witnesses can testify, and then like I said, in the end, the judge will make the decision on exactly how much restitution is owing in a DUI case.

Then the next question is going to be, okay, what if the person doesn’t have all of the restitution? For example, let’s say it’s a $10,000.00 restitution order but the defendant doesn’t have $10,000.00 to pay that. Then typically what the court will do is order them to pay it through the probation department if it’s a felony and the probation department will just determine how much money they have and make them make monthly payments based on their income towards the restitution.

If on the other hand, it’s not a felony and it can’t be monitored by the probation department, then the court is going to monitor the restitution award in a DUI case and the court will figure out whether the defendant is making reasonable efforts to pay back the restitution they caused in the DUI case, and if the defendant is just ignoring their responsibilities to pay the restitution, the court can find the defendant in violation of their probation and could punish the person for not paying the restitution to the victim.

This is definitely something you’re going to want to talk to your attorney about and let your attorney handle the restitution issue related to a DUI case so you can end up with the best possible result.

Contact a Los Angeles DUI lawyer

So, if you have a DUI in California, and specifically, Los Angeles, you’re going to want to get an attorney who has been down this road before and had success. Contact our Los Angeles DUI lawyers to review your case.

Restitution In DUI Case In Los Angeles

Restitution is a big issue. Basically, what restitution means is it relates to DUIs is, if you have a DUI matter and you end up getting in some sort of an accident and somebody either gets hurt or there is property damage, you are going to be responsible for that if the accident is your fault. So, the prosecutors feel that it’s part of their job to make sure that they get the victims of any accident of any property damage or injury – whatever it is they lost – whether it be their car replaced or whether they lose work – whatever makes sense and whatever they are out of pocket is going to be the restitution that the prosecutors will seek for them.

Unfortunately, I’ve done a lot of these DUI restitution cases over the last twenty-five years. The bottom line is, almost always the law and the rules related to restitution in DUIs is going to be for the benefit of the individual who has been wronged or hurt. The only way you’re going to get out of paying restitution is if you can make the argument number one, that they really didn’t have any out of pocket expenses. Personal injury where people are claiming pain and suffering, you can’t get that as restitution in a criminal case. But if you lost time off work, for example, you could certainly get that.

So, one way would be to say to no, the restitution is not appropriate because it’s a situation where the accident was not caused by the defendant. That’s another powerful argument to avoid paying restitution in a DUI case. In other words, sometimes someone gets in an accident, but whatever injury occurs to the person or whatever property damage is caused by either that person’s own actions or by the actions of a third-party having nothing to do with the defendant. So, the key issue is going to be, is a defendant in a DUI case a substantial factor in damage, property damage, or a substantial factor in an injury-type situation. Once you have that question, then you can start to answer whether or not the restitution is going to be appropriate in a particular DUI case.

How do they Handle Restitution Hearings in a DUI Case?

Basically, the defendant – even though they may be at fault for the accident, property damage or injury – is still entitled to a hearing as it relates to restitution. So, the judge will sit there and listen to all the evidence. See exactly what the alleged victim is claiming they are out of pocket and then the judge will make a ruling at the end as to what, if any, restitution is going to be awarded to the particular individual. So, evidence will be presented. You can certainly present counter evidence. The defendant can testify. The person who is injured can testify. Any witnesses can testify, and then like I said, in the end, the judge will make the decision on exactly how much restitution is owing in a DUI case.

Then the next question is going to be, okay, what if the person doesn’t have all of the restitution? For example, let’s say it’s a $10,000.00 restitution order but the defendant doesn’t have $10,000.00 to pay that. Then typically what the court will do is order them to pay it through the probation department if it’s a felony and the probation department will just determine how much money they have and make them make monthly payments based on their income towards the restitution.

If on the other hand, it’s not a felony and it can’t be monitored by the probation department, then the court is going to monitor the restitution award in a DUI case and the court will figure out whether the defendant is making reasonable efforts to pay back the restitution they caused in the DUI case, and if the defendant is just ignoring their responsibilities to pay the restitution, the court can find the defendant in violation of their probation and could punish the person for not paying the restitution to the victim.

This is definitely something you’re going to want to talk to your attorney about and let your attorney handle the restitution issue related to a DUI case so you can end up with the best possible result.

Contact a Los Angeles DUI lawyer

So, if you have a DUI in California, and specifically, Los Angeles, you’re going to want to get an attorney who has been down this road before and had success. Contact our Los Angeles DUI lawyers to review your case.

Driving On A Suspended License Related To A DUI Case In Los Angeles

Whenever somebody is put on probation for a DUI offense, the judge tells them they must drive only on a valid license. You also can’t drive with any measurable amount of alcohol in your system. So, if somebody is caught driving on a suspended license, then that person is looking at two problems. One, they’re going to get a Vehicle Code Section 14601.2 which is driving on a suspended license while you’re intoxicated. This is a mandatory jail sentence for anybody who gets this. Also, you’re going to be looking at a probation violation. You’re going to be brought back to the court where you were originally sentenced, and that judge can put you in jail as well.

So, you’re going to want to hire an attorney immediately if you have a situation where you violated your probation, where you’re driving on a suspended license related to a DUI. So, it’s imperative that if you get a DUI, your license gets suspended, you have to jump through all the hoops with the DMV to get it back. You have to get an SR22 which is proof that you have insurance. You have to get into an alcohol program depending on how many DUIs you have in your past, that will dictate what the alcohol program is. There’s a fee that has to be paid. The bottom line is, a lawyer can explain to you what needs to be done, but the best way to handle it is to go on the department of motor vehicles and let them describe to you exactly what needs to be done in order to get your license back. Do not drive without a valid license, especially related to a DUI. If you do, you’re looking at jail time.

If you find yourself in the bad position of driving on a suspended license, get an attorney immediately, A lot of time, if we can actually get the license before you get the conviction, we can use that to help you in the case. There’re all sorts of different things we can explain to the judge why you were driving. There’s a number of different defenses and there’s also a number of different explanations that can be utilized in these DUI cases where people are caught driving on a suspended license in Los Angeles County. The worst scenario is if you’re caught driving on a suspended license and you’re intoxicated again, then you have a real problem, so again, you have to explain your situation. I have you come in. We sit down. We go over everything. Give me all the information related to your arrest for driving on a suspended license in Los Angeles County. We’ll get our game plan together. We’ll have you get what is necessary to help from your end and I will do everything I can to keep you out of jail and to preserve your record, your ability to drive, and everything that’s important for your job, your family and your life.

So, make the call today and try to avoid that automatic jail time that comes along with driving on a suspended license in Los Angeles.

Contact a Los Angeles DUI lawyer

So, if you have a DUI in California, and specifically, Los Angeles, you’re going to want to get an attorney who has been down this road before and had success. Contact our Los Angeles DUI lawyers to review your case.

Attacking The Field Sobriety Tests Or Fsts In A Dui In Los Angeles

The reason that the police make people do the field sobriety tests related to a DUI in LA county is because that is one way that they can try to make the argument if the case goes to trial that the person that they arrested could not safely operate a motor vehicle In other words, those field sobriety tests are designed to verify whether somebody could safely operate a motor vehicle for purposes of a DUI in Los Angeles County.

Other tests are certainly relevant, like how the person is talking, how they’re walking, how they were driving, whether they got into an accident, whether they were speeding, whether they could follow the instructions of the police officer. So, one way to discredit the field sobriety test, and probably the best way that’s now available in today’s technology – unless the police try to cheat and hide it from the defense – is either the dashcam of the police vehicle – if that shows a person doing the field sobriety test and performing them well, that would certainly discredit the field sobriety test if the police try to claim that they failed them.

Another one that has come onto the scene now, again if the police don’t cheat and hide it from the defense, is the body cam. The LAPD is supposed to be wearing bodycams out there. Why wouldn’t they have them turned on during a DUI stop where they’re trying to claim that the person can’t safely operate a motor vehicle, is staggering – all the things that they claim in the police report – let everybody else see it. Let’s not just have it all captured with you. So those are two big ways now in today’s DUI world in Los Angeles to discredit the field sobriety test which is bodycam evidence and dashcam evidence.

Another one I’m seeing now which is another good one, and this is technology and it’s great – what if somebody else is videoing from their phone, the field sobriety test. That’s another good way to get them. Like the passenger does it. Some passerby stops. We get that all the time in these cases. I’ve been doing this for twenty-five years. This is great new technology – videotapes. That’s how they’re catching the police on police brutality cases. They might as well as help out in field sobriety tests and DUI tests. I’ve had people for many, many years that the police are lying about how they did on the field sobriety test. Most people tell me they think they passed the field sobriety test. I know for sure that according to the police they didn’t pass a field sobriety test because they wouldn’t be allowed to arrest them if they passed all the field sobriety tests.

So that’s one way to discredit the field sobriety test. Another way that has been around for a long time is, if the person can pass some of the tests. That helps. Because how could they pass a test if they were so intoxicated, and believe it or not, sometimes the police actually admit that person passed some of the field sobriety test. I would think now, more and more, with all this video evidence the police have to be very careful about lying about that because if they get caught lying, they’ll be fired and possibly even prosecuted. So, that’s another way to do it. If you can pass some of the tests, that’s a little foothold in being able to prove that the tests were good. You didn’t have a problem. You shouldn’t have been arrested for a DUI.

So, passing those tests is crucial. Unfortunately, it really is relying on the subjectivity of the police. In other words, the police are the ones who judge whether you pass a test or not, and that’s unfortunately, it really should be captured on video and then if you want to take your DUI case to a jury trial, then the jury can judge for themselves whether they think you passed those tests.

Another way to discredit the field sobriety test is some of the other tests. Like for example, they’re claiming you didn’t pass and you’re too intoxicated to drive, but then your blood or breath test comes back under a .08. Bam! Field sobriety test discredited. You’re under the legal limit. You shouldn’t have been arrested for a DUI and regardless of what the police are subjectively claiming, your results were in the field sobriety tests. Now you have something to say, wait a minute, I’m under the legal limit because believe it or not, you can be charged with a violation of Vehicle Code Section 23152(a) which doesn’t have anything to do with being a .08 or greater. That has to do with you having alcohol in your system and not being able to safely operate motor vehicle. And of course, how do the police prove you couldn’t safely operate a motor vehicle? The field sobriety test is one way. They’re subjective belief – if they got the little PAS device that says you had alcohol in your system and they claim you have alcohol on your breath, they claim you didn’t pass the field sobriety test, now they an make a run at you for a DUI.

So, bottom line is, if you have an issue related to the field sobriety test, you have to get in front of an attorney. I talk about this all the time the DUI cases I’ve been doing for twenty-five years now, in all of the courts of Los Angeles County. We talk about field sobriety tests, whether the person passed, what evidence we can get to show that they passed and then we make an informed decision after we’ve reviewed everything whether this is a case worth fighting or whether this is something that we should resolve by way of a disposition.

Contact a Los Angeles DUI lawyer

So, if you have a DUI in California, and specifically, Los Angeles, you’re going to want to get an attorney who has been down this road before and had success. Contact our Los Angeles DUI lawyers to review your case.

Ways To Discredit The Preliminary Alcohol Screening Device (PAS) In Los Angeles

The preliminary alcohol screening device (PAS) is used by law enforcement when they pull vehicles over when they feel like somebody is kind of borderline intoxicated. That’s usually when I see it used. They can use it whenever they want, but obviously, if somebody is falling down drunk, they really don’t need to use the PAS device. They can just bring them into the station in Los Angeles and they can administer the Intoxilyzer 3000 alcohol test where they blow into a tube. It registers. There’s a little receipt that’s spit out and is placed in the paperwork that’s given to the prosecutor and the defense to show what the person’s blood alcohol level was. But, if it’s close and they end up arresting somebody and taking them in and they blow like a .05 for example, that case is not likely going to be filed by the prosecutor, so now they just wasted their time. They may not even send that type of a case to the prosecutors. So, what they do is use that little preliminary alcohol screening device, which is a hand-held device that they carry around with them in the car and if somebody blows over the legal limit of that, then the police feel confident to bring them into the station and let them blow into the machine at the station.

A lot of times what I see happening is people get confused between the two and say at the police station, I already blew, I’m not blowing again. Which is a mistake, obviously. They’ll get you for a refusal for that. You can actually – which most people wouldn’t know – you can refuse that PAS device. That PAS device is not the most accurate device and that’s really one of the ways to discredit it – the PAS device- which is their own expert – the prosecutor’s own expert is going to have to admit it’s not that accurate.

I’ve been doing this for twenty-five years, and there was a long time you couldn’t even introduce the PAS result in a jury trial, for example, because it’s so unreliable. Now, they’ve given it a little bit more room, but a long of time, I’m seeing the PAS device is one thing, and the breath or blood result is a completely different number. That could be because time passes between the PAS device and then actually doing the test, but it could also be because the PAS device is not a very accurate device. You can get a defense expert to say that without no question and even the prosecutor’s own expert is going to have to admit there are issues with PAS devices.

Another issue to attack and discredit a PAS device in a DUI in Los Angeles is to say that it wasn’t calibrated properly. You have to make sure that thing was working right and the police don’t always do that. If it’s not working right, if it’s taken out of service close in time to when the client has been pulled over for a DUI, then you certainly have the argument that the machine wasn’t working properly, and therefore, that result is not an accurate result.

What ends up happening is, depending on what the PAS device is in comparison to whatever the blow is back at the station or whatever the blood is, you’re going to see both the defense and the prosecution trying to use the PAS device by saying, the PAS device is much closer to the time of driving, so that’s really the accurate result. The prosecutors will say that if, for example, you blow a .08 at the station which is right on the legal limit, and you could probably argue that’s below a .08 if you get a good expert, but if the PAS device is like a .11 or a .10, the prosecutors are going to say, oh yeah, the PAS device is the accurate one because it’s more close to the time of the driving. And defense attorneys do the exact same thing. If the PAS device is a .08 and then you get them back to the station and they’re a .11, the attorney is going to say rising blood alcohol. The PAS device is more accurate. The bottom line is, the PAS device can be discredited. There’s no question, so you hope in your DUI that’s all they have is the PAS device. Then you’re in business. That’s not going to be a good enough test. That’s a winnable DUI case if they’re only using the PAS device.

Where it gets a little bit tricky is if you go to places like Ventura county or even Orange County – in Ventura county, these guys are actually using the device out in the field and that’s how they’re making their determination. They must have a more sophisticated machine out there when they do their tests, but that gets a little bit confusing because they’re not even taking the people back to the station in most cases to do the breath test. So, in that county, there’s all kinds of issues with DUIs and they don’t really negotiate them or Orange County. LA county is much more reasonable. If all you have is the PAS device, you can definitely discredit it with an expert. That’s the main way to discredit it because the expert is going to know how that preliminary screening device is, how it relates to DUIs in Los Angeles and what the problems are with it.

So, if you have a close case – and when I have close DUI cases in LA – I’ll get an expert on board. We’ll show them all the paperwork. I’ll use my twenty-five years of experience. We’ll work together, and if it’s close to the legal limit and there’s problems with that PAS device, then we’re going to attack it and we’re going to try to get that case dismissed. It really just depends on what your blood alcohol level was with the PAS device, what your blood alcohol level was with the blood or breath test, and then you have a discussion with your attorney – I always ask my clients, how much did you drink? What did you drink? How much did you eat? You really have to get into the details of it and see if whatever the PAS device result is – whether it even makes sense in the first place – based on your size, how much alcohol you consumed, how much food you consumed, how much time passed between the driving and using the breath test – and then if there’s any differential between the blood for example, if you took blood and the PAS device, or if there’s any differential between the PAS device and your blow at the station and how much time passed.

There’s all sorts of issued that can be argued. You have to sit down with somebody like me, get the strategy together and then make the right move so you can get the best result in your Los Angeles DUI case.

Contact a Los Angeles DUI lawyer

So, if you have a DUI in California, and specifically, Los Angeles, you’re going to want to get an attorney who has been down this road before and had success. Contact our Los Angeles DUI lawyers to review your case.

Common Police Errors In Los Angeles In DUI Stops

Some things that you should look out for if you have a DUI pending in Los Angeles County and you’re looking for ways to try to fight it are some of the mistakes that the police make in these DUI stops. First of all, they can’t just stop somebody for any reason. Just because it’s late at night – it’s a Friday or Saturday night – that’s not a green light to stop somebody. If it can be proved that they stopped somebody for no reason – just because they thought they might have been drunk because it’s late at night – then the whole case will get thrown out. The stop will be illegal. The breath/blood result will be thrown out. Any statements that they make will be thrown out. Any observations by the police will be thrown out.

So, the bottom line is the first mistake that they make is just stopping somebody for no reason. Unfortunately, the police know that. They know if they stop somebody for no reason and the defense can prove that, the case is going to get dismissed. So that do they do? They come up with a reason every single time, and they can come up with all sorts of different reasons. Maybe you didn’t signal. You were swerving. That’s the best one – that you were swerving. You’re always swerving. I mean, how do you refute some of these things? It’s going to be your word against the police and if it turns out that your blood alcohol level was over a .07, obviously most of the time a judge or a jury is going to believe the police.

Now, some good things have been happening though with DUI laws as far as some of the common issues and mistakes that the police make, and that is, a lot of the police vehicles are now equipped with dashcams, so if the dashcam is on and it catches what happened and it doesn’t show you swerving or not signaling, that’s it, you got them. Another thing that’s happening is bodycams. A lot of the police officers in Los Angeles County are wearing bodycams, so that’s another way to catch them. If they don’t indicate when they talk to you on the bodycam that the reason they stopped you was because you didn’t signal, for example.

Unfortunately, both of these things are subject to manipulation – both the body cam and the dashcam – are subject to manipulation. So, I’m seeing dashcams – all of a sudden they don’t pick up the stop or the dashcam is somehow pointed somewhere else when the person is doing the field sobriety test – so you can’t really judge how well they did it. The body cam is looking at the steering wheel so you can’t see the stop. There’re all sorts of tricks that they’re using because they realize these are ways to win cases and they don’t always tell the truth.

Another common police mistake that I’m now seeing more and more on these drug/marijuana DUI stops is, the police are having the people do alcohol-related tests. That doesn’t test for marijuana or drugs. So, that’s another way to attack them. You say, wait a minute, if you really thought the guys was intoxicated, he couldn’t safely operate a motor vehicle – why are you having him do the wrong test? Have a DRE (Drug Recognition Expert) come out to the scene or bring him to the station to the DRE and let the DRE talk to them, look at them and conduct some tests that might relate to being intoxicated because of marijuana or intoxicated by some sort of other drug. So, that’s another mistake that they make. They’re using the wrong test. That’s an area where you can really get them, especially when your client blows zeros on the breath machine. Why are you having him walk the line if he’s blowing zeros? He doesn’t have any alcohol in his system. So, it’s unfortunately that the police write the report after so they can put things together. They’re not going to say, we did the field sobriety test and he past them. They just don’t even mention it sometimes in the report. So, that’s another mistake to look for.

Another mistake that I see in DUI cases in Los Angeles all the time is that the police don’t understand the refusal law. The bottom line is, driving is a privilege and not a right. So, if the police think you’re intoxicated and they ask you to take one of the tests – the blood test or the breath test – for purposes of detecting a DUI, you need to take one of the tests. If you don’t, it’s a refusal. However, there are certain rules related to refusals. Here’s where the mistake comes in. You have to tell the person once they say whatever they say that you’re considering a refusal for a DUI, you have to say, okay, if you don’t take the test you’re going to lose your driver’s license for a year and they have to read them a form and then write down exactly what they say under penalty of perjury. A lot of times, the police are not doing that so that’s another common mistake that they make. They don’t tell the person they’re going to lose their driver’s license for a year. If you can prove that either by way of a witness, bodycam evidence or whatever, then they have a big problem because now they have no breath test, no blood test and they’re relying on the refusal to get the person for the case which works, assuming that the refusal is done the right way. So, that’s another common mistake that the police make all the time.

Another common mistake that I see is that you have to be driving in order to have a DUI in Los Angeles County. A lot of times when the police come upon somebody, they’re out of the car. They’re walking somewhere. They’re pulled over on the side of the freeway. The big mistake they can make, and I’ve won cases on it, is what if they don’t ask the person when they stopped there. Then how could you ever be able to figure out when the person was driving the car unless you have a witness or the police can claim without seeing anything before, which is they drove by that freeway twenty minutes ago and the person wasn’t stopped there. So, again, they always have some sort of a trick to try to get out of it. But, that’s another common mistake the police make in DUI cases in LA county. They don’t pinpoint when the driving is. There’s no way for their expert to extrapolate backwards to be able to say what the person’s blood alcohol level was for purposes of a DUI at the time of the driving if they don’t know when the driving was. That’s another crucial mistake that can be made.

There’s all sort of different mistakes that can be made and a lot of it spins on the facts of the case. So, if you have a DUI in LA county and you’re looking for mistakes police may have made, give me a call. We’ll sit down and go over everything and I’ll give you an honest run-down of what I think of your DUI case.

Contact a Los Angeles DUI lawyer

So, if you have a DUI in California, and specifically, Los Angeles, you’re going to want to get an attorney who has been down this road before and had success. Contact our Los Angeles DUI lawyers to review your case.

Consultation With A DUI Lawyer In Los Angeles

Obviously, if you have a DUI and you’re looking around websites and various search engines and other means to find an attorney, you’re going to want to set up a consultation with an attorney. Some of the things that I would look for in a consultation is first, is the attorney that I’m going to be consulting with is actually going to be the attorney that has something to do with my case. You don’t want to consult with somebody and all that person is a seller of DUI services, but that person themselves doesn’t actually do any DUI’s. Does that even make any sense to you? Why would you want to get representation from someone who is using someone to talk to you to sell you on a case and that person has nothing to do with doing the DUI’s. How the heck would they know what’s happening in the courthouses across LA county as it relates to DUI’s if all they do is DUI consultations.

I do the consultations in my firm for the most part and I also go to court on the DUI cases. I can’t be everywhere at once. Fortunately, my father has the same name as me and he’s been an attorney for forty years, so that obviously helps, and I have other attorneys that help me as well just to cover such a huge ground like Los Angeles County, but I’m involved in all the cases. I’m reviewing the police reports. I’m talking to the clients. I talk to the prosecutors. I strategize the case and I figure out exactly what it’s going to take to get the best result in the case.

So, when you’re talking about a consultation. Say, am I going to meet with the attorney who if I pay them the money and hire them is actually going to be the one who deals with my case, because otherwise I don’t’ want to meet with this attorney. Another thing is when you’re doing consultations over the phone related to a DUI you have the same issue. Who am I talking to? Are you the attorney who is going to be dealing with it? Are you somebody that actually knows something about DUI’s and the case and can give me some good information about the case?

I always tell my office manager and I try not to do it either, is to try to quote DUI cases over the phone because what some people do who obviously don’t know much about DUI’s and don’t know much about how the DUI and criminal system work, is they get a bunch of quotes over the phone and then they go get the consultations face-to-face based on that. Wait a minute though. If you’re doing it like that, a bunch of cheapskate attorneys who have no experience and don’t mainly do DUI’s as part of their practice, could underquote because they don’t know anything about it. They’re trying to break into the business. You’re basically going to be their guinea pig. Great, you got a nice little quote from them. So, what? They can’t do anything on your case. They’re not sophisticated. They don’t know how to deal with the prosecutors. They’re not in court all the time.

So, when you do these consultations you need to ask some questions before you even come into the consultation. Who am I meeting with? What kind of background does this person have? What kind of background does this firm have? Check them out. Check the reviews out before you come into the consultation. When you come into the consultation come prepared for prepared. Have a list of questions. Ask the person, how long have they been doing DUI’s? How well do they know the courthouse? What do they think they can do to help you? Tell them about your case. Be honest with them. If you give them a bunch of spins and lies about what happened, that’s not going to help you. Then they’re not going to base any type of opinion on real facts. So, when you do these consultations, you have to come in ready to go. You have to come in with your questions. You have to make sure you’re sitting in front of somebody for a consultation who is actually an attorney who goes to court, does DUI cases, knows how to win them, knows when it’s time to plea bargain and resolve them, knows when they should be dismissed, knows how to deal with a DMV hearing, knows how to check calibration records. All these things need to be discussed when you go in for a DUI consultation with an attorney in Los Angeles County.

So, when I do these consultations, you call me up. You either speak to me or my office manager. We set the appoint up. We go over everything. We talk to you about it. We give you an idea of what we can do to help you, what you’re facing, what you can do to help us, and then we’re going to quote you what we believe is a reasonable price and if you decide to hire us, we’re going to start working on your case right away and then you’ll know you had a successful consultation and you’re going to get the best representation possible related to your DUI matter.

Contact a Los Angeles DUI lawyer

So, if you have a DUI in California, and specifically, Los Angeles, you’re going to want to get an attorney who has been down this road before and had success. Contact our Los Angeles DUI lawyers to review your case.