What Does It Take To Get A DUI Dismissed In Los Angeles County?

DUI cases are very scary because you get arrest and lose control of your custody freedom for a period of time. You’re taken into custody and now you’re facing a criminal charge, loss of your license and your reputation is on the line. Your work may be on the line depending on how they view a conviction for a DUI. So, a lot of people are searching for what they can do to get their case dismissed.

One confusing point that comes up is, once you get arrested and the police send you to court with usually a citation and you bail out and are ordered into court, there’s nothing to get dismissed yet. So, the first question is, how do you get your case not filed in the first place? That comes even before you start talking about a dismissal, because if they don’t file it, it’s even better because there’s nothing to dismiss and there’s nothing on your criminal record, other than possibly the arrest record which is a different subject,

So, talking about how you can avoid a case even getting filed in the first place, that’s where you give your attorney all the information. Your attorney can approach the filing prosecutor. It’s usually the City Attorney if it’s a misdemeanor DUI and try to convince them not to even file it. But, once a case is filed, then you can start thinking about what you can do to get it dismissed.

The first angle, obviously, is to show the prosecutors that they have a problem with the case and that the problem is serious enough to warrant a dismissal. Sometimes there can be a problem with a DUI case in Los Angeles with proving that the blood alcohol level was a .08 or greater. That’s one way to get a case dismissed. Another problem that I see frequently in DUI cases in which, of course, I’ve been using for the last twenty-five years, is to argue that the person that’s being charged wasn’t driving the vehicle and they can’t prove when the person was driving the vehicle. If you can’t prove when the driving took place in relation to taking the person’s blood alcohol level, that’s a big problem in any DUI case. That’s one angle that can be used to dismiss a case.

Another angle to dismiss a case is to get a not guilty verdict in a jury trial and then the judge would dismiss the criminal charges and the DUI charges against that particular person. So, there’s a bunch of different angles. Motions can be filed. There can be a blood split done if there’s blood taken. Experts can be hired. So, this is definitely a way to get a dismissal in any DUI case.

There’s another way. Another example is, what if you’ve been convicted and then after the conviction you want to get a dismissal in a DUI case? There’s a motion that can be filed pursuant to Penal Code Section 1204.3 which is basically asking the court to dismiss the case. Sometimes this is called an “expungement,” but the reality is in California, they now call this a “dismissal.” In order to get this dismissal, the probation has to be over. The person will have had to have done everything are supposed to during the probation, not picked up any new criminal cases and not picked up any probation violations. Then they can seek a dismissal pursuant to Penal Code 1203.4 of their entire DUI case.

A lot of people will try to do this before their probation is over. Most of the time this is going to be met with a denial by the judge. First off, your probation is not over so you can’t get it dismissed. Secondly, if you haven’t completed all of the terms and conditions of your probation, there’s no way you’re going to get the case dismissed. There are circumstances that I’ve seen and I have been involved with, a motion to terminate the probation early. If that’s granted, then you can request that the judge dismiss the case pursuant to Penal Code Section 1203.4.

So, if you’re looking for a dismissal, you’re going to need to sit down with a DUI defense attorney who has handled a lot of cases in Los Angeles, who has had success in both felonies and misdemeanors, and who knows all the angles. What I do is sit down with somebody. I listen to what they say. I use my experience and common sense, and if the case is not going to be dismissed, then I’m going to tell the person. There’s no reason to lie to somebody and not be genuine with them. Tell them it is not going to be dismissed and tell them why it’s not going to be dismissed. Maybe it can’t be dismissed now, but it could be dismissed at some future time. You tell the person about it. You tell them what steps and procedures they are going to need to engage in order to get that dismissal.

The reality in California is, there’s no such thing as a true expungement. So, it’s not going to ever be wiped off somebody’s record. It will just show that there’s a dismissal on record after a DUI case. So, this is how criminal cases work. This is how DUI cases work. So, if you need answer, you need to get to somebody like me, set up a consultation and get the case taken care of.

For more information on Getting A DUI Dismissed In Los Angeles, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0963 today.

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 Are Some Key Characteristics You Should Be Looking For In A DUI Defense Attorney?

This is an important question, because when you choose your DUI defense attorney, you have to have somebody that has all the key skills necessary to get you the result you must have – whether that result is a not guilty verdict or whether that result is the best resolution in the case. The first thing is, the person has to know the judge and tendencies of the judges that are going to be handling your DUI case in Los Angeles, because the judge is an important factor. The judge does have a say in how the case is going to be dealt with. So, knowing the judge and also being local to the court is crucial. Because if you’re local to the court, you also know the prosecutors, and the prosecutors are the ones who are going to file the case. They’re the ones who are going to prosecute the case and they are the ones that the person is going to have to know how to deal with.

So, it’s crucial that you know the prosecutor, you know what their tendencies are and you also know the chain of command in the prosecutor’s office. So, if you’re going to try to resolve the case by way of a negotiated plea, you’re able to do so most effectively. In other words, you’re going to get all the ammunition together – I get character letters, a whole mitigation package related to my client – and then I have to go to the right person. I have to know who to talk to and I have to know what is going to make a difference? What to say, who to talk to and what things will count as far as getting the result that your client wants.

So, knowing the judge, knowing the courthouse, knowing the prosecutor – these are all crucial things. Then you have to have a DUI defense attorney who has the ability to try a case and win it, because there’s a lot of paper tigers running around Los Angeles county, and that is DUI defense attorneys all they can do is negotiate cases. They can’t try a case. Do you think that’s going to bother the prosecutors if this person is talking crazy and saying a bunch of different stuff? Absolutely not. Prosecutors aren’t going to care. They know the paper tiger is not going to do anything and is not really going to do what needs to be done in order to try the case, if necessary.

So, if you don’t have that ability, then you’re going to have a real problem when it comes to getting the deal you want in a criminal case, because the prosecutor won’t be worried about you actually trying the case and beating them and embarrassing them. So, your criminal defense attorney has to have the ability to win a case. And the way you figure that out is, you talk to them. You go to them face to face. You look at them. You look at their reviews. You look at their track record. You ask about their prior cases, and then you’re really going to get a feel for what type of criminal defense attorney you have and what type of a DUI defense attorney you have for purposes of winning a case.

I think the last thing you need to evaluate when you’re trying to choose a criminal defense attorney, and the best characteristics, is likeability. What I mean by that is, when you meet with him and you talk to him, do you like him? Do they seem like they know what they’re doing? Do they seem like somebody the judge, the prosecutor and a potential jury might respect? Because that’s key. In any DUI defense case, if your attorney doesn’t have personality, isn’t a likeable individual, then you’re not going to be in a good position to get that not guilty verdict. You’re not going to be in a good position to negotiate a case, because they’re not going to respect and like your attorney.

This is the same thing in anything in life. If you’re likeable, if they respect you, then you’re going to be in a position to get what you want. That’s what you need and that’ what I am all about. Come and sit down with me face to face. We’re going to talk about your case and we’re going to figure out the best strategy and you’re going to see that I know how to handle DUI cases and I know how to get you the result you must have.

For more information on Key Characteristics Of A DUI Defense Attorney, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0963 today.

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.

When Should An Expert Be Used In A DUI Case In Los Angeles?

An expert is not always appropriate in a DUI case. In order to use an expert, some issue is going to have to come up where you need the expert. A perfect example of this would be the prosecutors get the blood of the defendant and the blood alcohol level is really close to a .08. This might be a good time to use an expert to do a blood split and let your own expert check the blood to see if there’s any contaminants in the blood or to see if maybe there’s some sort of problem with the test. I see all the time when we do a blood split and the content comes back lower than what the prosecutors come up with, and this sometimes can be huge in a DUI case, especially where the blood alcohol level is close.

Another area where you’re definitely going to want to use an expert in a DUI case is if the case goes to trial and you have some angle that requires an expert. You can bet, like in a breath case, in a DUI in Los Angeles county, you can bet your bottom dollar that the prosecutors are going to use their own expert to show how the machine works and to be able to prove that the client’s blood alcohol, through breath, is higher than a .08 or at a .08 and explain why that individual can’t safely operator a motor vehicle at the time they were driving it related to the facts of the case.

The defense, on the other hand, can bring their own exert to try to challenge the breath machine, to show that there’s inaccuracies in the machine in general, and in specific, related to this particular case. If there’s areas that your own expert can attack the breath result, the obviously, you’re going to want to qualify the expert, show the jury this expert knows what they’re talking about and then take the next step and show the problems with the prosecutor’s case. Especially in these DUI cases where it’s close and there’s issues, there’s some pretty strong arguments that can be made to argue that this is voodoo science at that they don’t have a completely accurate account of exactly what happened in the DUI case in Los Angeles.

This is very important when it comes to defending your DUI case. So, experts can be used in DUI cases, but they have to be used at the right time. I would say in most DUI cases, you’re not going to have an expert because the evidence is pretty clear, cut and dry, one way or another. So, in making the decision as to whether or not you’re going to want to have an expert in your DUI case in Los Angeles, this is something that you need to consult with your attorney. You need to sit down and give your attorney all the facts and circumstances related to your case in general. Then, in specific, if you think an expert might be beneficial because of some angle that you believe is appropriate in your case, you obviously talk to you attorney about it. Give him all the facts and details and then bring up to them about potentially utilizing an expert.

So, experts can be very beneficial in any criminal case, and in DUI’s in particular, in order to challenge some of the prosecution’s evidence and in order to put on a defense case. So, if you think that an expert makes sense, talk to your attorney about it. Give them all the information and they will assist you in making the right decision about having an expert in your case and using that expert to try to win the case.

I’ve also used experts in DUI cases to mitigate a DUI case. Maybe I can’t get that full not guilty verdict because the prosecutors have certain evidence that you just can’t get around. But, we can sometimes use an expert to show certain things, especially in a case where the blood alcohol level is close. Experts can do a lot to show the prosecutors that if we actually took this case to trial, you might lose the case. Look what my expert is willing to say. Look at my expert’s report in this case. Sometimes expert’s reports can also be used to challenge the DMV to block a suspension. Experts can be used to block a refusal DUI where you lose your license for a year.

So, absolutely, experts in DUI cases are important. They can be utilized. But in order to make that determination, that’s going to take you sitting down with your attorney and really having a frank conversation about your DUI case and making a decision that makes sense for you.

For more information on Key Characteristics Of A DUI Defense Attorney, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0963 today.

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 Is The Definition Of Driving As It Relates To A DUI In Los Angeles County?

This driving issue in DUI’s in LA comes up all the time, because a lot of time the police don’t get that standard pull over, but they’re still arresting and charging somebody with a DUI case. The reality is that when it comes to the driving aspect of a DUI case, the person doesn’t necessarily have to be behind the wheel when the police end up pulling them over. The issue becomes, can the police prove that at some time close to the point of them coming in contact with the person, were they driving?

The perfect scenario is, somebody’s car breaks down the side of the freeway. They get out of the car and start walking to the call box of AAA. The police see them and come upon them. They take them back to their car. Then they figure out that they’re drunk. So, now the police are going to need to be able to prove, number one, the person was driving the car; and number two, when they were driving the car. That way, when they take them back to the station, get their breath result/blood result, their expert fast-forwarding ahead to a trial, can say okay, I’m going to extrapolate backwards. They were a .15 at 2:00 a.m., so when the police had them at 1:00 a.m., this is what I think they were and here’s why I think it. But, they need that time of driving. Without that time of driving, there’s no way that they can do that.

So, how do they get that? Well, they get it through common sense. A lot of times the police will get somebody on the freeway and say, you drove that car there, right? They answer, yes. You’re the only one out here on the freeway. You don’t have a passenger somewhere that we don’t see. And, when did you stop that car there? So, if they get the answer to those two questions – and the police know they have to do this – then they can pinpoint the time of driving. So, that’s one way to get you.

Another thing I see, a big accident occurred. There’s a big melee, a big problem. The police come and someone else is claiming they’re driving other than the person the police think was driving, and the police think somebody was driving because witnesses say, that was a guy driving. These guys switched seats or no, they’re lying about that. That other person wasn’t driving. That person’s just not intoxicated, so of course, they’re going to say that they were driving versus the person who was intoxicated. So again, it’s common sense. They’re going to look to the facts. They’re going to look to the evidence that’s available to them to determine whether somebody was driving.

Yes, it’s a big problem if the police cannot prove when you were driving. Let’s say somebody crashes a car and gets out, runs away, goes to their house and an hour goes by. The police come and track him down. Maybe they got blood and they followed a trail of blood or maybe they followed a witness’s directions on where the person went. So, how are they going to catch that person for a DUI. They’re going to try to get a witness to say, that’s the person I saw driving. That’s the person I saw the crash. But then they also have to get around the hurdle – what if you drank alcohol while you were in your house for that hour. So, they’re going to be asking questions about that. They’re going to ask the witnesses. If come staggering drunk out of the car after an accident and then you try to claim, I ran home and drank a bunch of alcohol. Is a jury really going to believe that? So, again, they’re going to look at the facts and surrounding circumstances.

But, bet your bottom dollar, one of the big defenses is, in DUI cases, not every DUI case, but in a lot of them, is whether or not the person was driving because many times, the police don’t actually see the person driving. So, in order to prove that somebody was driving for purposes of a DUI case, the police are going to have to have witnesses, evidence and facts to be able to prove the driving.

Another area that I see, is let’s say that somebody feels like their intoxicated so they just get in their car. They have it pulled over to the side of the road and they’re asleep in the car with the keys in it because it’s cold outside so they need the heat on. Is that a DUI? Not necessarily. They’re not really driving. The vehicle is not moving. Again, they’re going to have to prove, when they pulled that car there. Another way they can get them is let’s say you’re so drunk, you stop in the middle of the road. I’ve had cases like that too. If you’re stopped in the middle of the road, even if our car is off, you’re driving. If you’re parked like a nut with your whole back-end blocking the road near the curb, you’re driving for purposes of a DUI.

So, that’s the kind of barrier there on whether or not you’re driving. But, if you’re safely parked in a parking spot and you’re just sitting in the car. You can be intoxicated and you’re not moving, that’s not driving for purposes of a DUI. But, a lot of times people will pull into a parking lot really quick, stop and then say, yeah, I was just stopped in a parking lot. I don’t understand how these guys got me, but meanwhile, the police saw them pull into the spot, nearly hit three pedestrians.

So, again, it depends on the facts and circumstances. That’s why we get you in. We sit down and go over everything. We talk about the case. We then get the police report and we make a real good, common sense determination based on experience and facts whether or not you were driving for purposes of a DUI 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.

What Is The Hospital And Morgue Program Related To A DUI in Los Angeles?

One of the punishments that’s available to the prosecutors and judge when somebody is prosecuted and convicted for a DUI, is they can force them to do what’s called the HAM program or the Hospital and Morgue Program where they make the person go to the hospital and morgue to see what happens to people who drink and drive. Obviously, this is a form of scared-straight by the court system and prosecutors and Mothers Against Drunk Driving, and a lot of times they’ll have you write an essay to really lock in the visualization of what the hospital and morgue looks like and what can happen when people drink and drive and go out on roads.

So, really, the Hospital and Morgue Program is a deterrent. They’re trying to show you that you can’t drink and drive, but if you do that you can kill somebody. You can kill yourself. You can kill a loved one. So, that what the Hospital and Morgue Program – at least from my view, having done this for twenty-five years – is designed to impact the defendant in a DUI case in Los Angeles.

Another problem with the Hospital and Morgue Program, it’s difficult to get into them. They’re booked up. So, you really have to get that done. A lot of people don’t like to do the Hospital and Morgue Program for obvious reasons – that they’re squeamish and don’t want to see people that have passed away and don’t really want to think about that sort of thing. But, this again, is the court system. Society, political pressure saying listen, these people who are getting in ton vehicles and driving around too fast with alcohol in their system endangering the population. They need to get a wake-up call. They need to know that drinking and driving are dangerous. So, what can we do to put in their mind how dangerous it is? They can make you do this Hospital and Morgue Program. They can make you do an alcohol program where they educate you. They can put you in jail; they can make you go work out on the highway in an orange jumpsuit in the heat of the San Fernando Valley. There are all sorts of things they can do to indelibly imprint on your mind what happens when you drink and drive related to a DUI in Los Angeles.

So, if you have to the Hospital and Morgue Program, get it done. It’s not difficult. More than anything, it’s just a matter of being diligent, signing up for it, completing it and who knows – maybe it will prevent you from getting a second or third DUI, where you’re looking at losing your driver’s license for a year, looking at going to jail, mandatory jail time for a second-time DUI., insurance impact – there are all sorts of bad things that can happen if you get a second-time DUI or even a third or fourth time DUI.

So, the crucial thing is, if you’ve got the Hospital and Morgue Program to do. You have to write the essay. Get it done quickly. Don’t wait until the last second, otherwise you might not be able to do it and if you don’t do it, then you violate your DUI probation and you’re potentially looking at getting some jail time for that violation, and then they’ll still make you do it. So, doing the Hospital and Morgue Program – although not pleasant – is something that has to be done if you’re ordered to do it, and usually where I’m seeing the prosecutors and judge wanting the Hospital and Morgue Program is when they have a young driver – somebody who is 18, 19, 20, 21, 22, 23, 24 years old. They want that driver to know right from the beginning, do not drink and drive. If you got caught for a DUI and nobody died, thank goodness, but we’re now telling you, you’re going to now go and see what happens when people drink and drive.

So, again, it’s a form of scaring a person into saying, oh my gosh look at this. I don’t want to have to do this again, so I’m never going to drink and drive. Different people are motivated by different things when it comes to DUI’s in LA and they’re trying to figure out what’s going to motivate people not to become involved with drinking alcohol and driving on our streets, endangering themselves, endangering their family and endangering those members of the public who are innocent and don’t have anything to do with an individual’s choice to go out and drink alcohol and drive.

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 Role Do Field Sobriety Tests Play In A DUI In Los Angeles?

When it comes to the field sobriety tests or FST’s as they call them related to DUI’s, the role that they’re playing is trying to determine whether someone can safely operate a motor vehicle related to a DUI arrest. In other words, the police are going to claim that you are DUI. They’re going to arrest. The question becomes, how are they going to prove that? One of the weapons, so to speak, that the police have in this effort to try to show that you’re a DUI or driving under the influence and you can’t safely operate a motor vehicle in LA, is they’ve got these tests. They have all kinds of crazy tests. They have people counting backward with the alphabet. I mean who can even do that not having any drinks. That’s not an easy thing to do.

The tests were designed to confuse you – to mess you up. And it’s not just walking the line and turning around and following the officer’s pen to see if your pupils are bouncing up and down – they’ve got all sorts of tests. They’re asking where you are coming from to try to trip you up – where you’re going – what time is it – do you know where you are – do you know what freeway you’re on? These are all part of their field sobriety tests. Again, they’re trying to see, basically, how stupid they can make you look because if the case goes to a jury trial, that’s what they’re going to be using with the jurors. They’re going to say, yeah, we pulled the person over and they didn’t even know where the heck they were. If you’re a juror, you’re going to think, wait a minute, how do you not know where you are? How many drinks did you have?

So, that’s what these field sobriety tests are designed to do. They’re also designed, obviously, to test coordination. But, what people don’t realize is when the California Highway Patrol, for example, pull you over and think you’re DUI, they’re on you right from the beginning. They’re going to be noting how you’re driving, whether you’re weaving around, whether you’re driving dangerously. In other words, are you driving like an intoxicated person. Then, once you get out of the car, they tell you, you need to get out of the car. They use a funny word. It’s called gait. Basically, they’re going to say you had an unsteady gait. In other words, you were walking wobbly. They’re going to say you were swaying. When they have you touch your nose and put your head back, people are swaying back-and-forth.

So, these field sobriety tests start from the very beginning of them seeing you and thinking, there’s something wrong with the way that you’re driving, and then they’re going to look at your breath. Do you smell like alcohol? How are you talking? Are you slurring your speech? Are your eyes bloodshot and watery? These are all things you’re going to see in DUI reports and this is just the

way that they do it – the way they’ve been trained because they’re looking at it – and this is where they have an advantage – they’re looking at it from a jury perspective – right when they pull you over. In other words, if this case goes to the jury trial I want to be able to testify that I arrested this person for a DUI. Don’t forget, they’re writing the report after the fact. After they’ve already decided to arrest you and send the case to the prosecutors for you to be charged for the DUI. So, they’re going to now put in all the information that supports their conclusion that you were a DUI in Los Angeles County.

So, all of these field sobriety tests are very important. Sometimes I’ve even seen them say, this person was so intoxicated I didn’t even have him do the field sobriety test because I thought they might fall down and hurt themselves. That hurts in the sense that if they’re not telling the truth, now we don’t even have any field sobriety tests and the defense can use that against them sometimes, especially if there’s a video of you being okay on their MVARS or their dash cam on their police vehicle.

So, field sobriety tests play a huge role in determining whether you can safely operate a motor vehicle for purposes of DUI’s in Los Angeles County and your DUI defense attorney is going to need to be familiar with the field sobriety tests and how to challenge them and what types of things they should see and not see, and realize that these field sobriety tests as they relate to DUI’s are very subjective on the part of the police. It’s the police watching. It’s the police evaluating and a lot of times once they make the decision they’re going to arrest you, it doesn’t really matter how you do on the field sobriety tests, they’re going to say you didn’t pass them.

So, as a defense attorney, if you’re going to take a DUI to trial in LA, you have to be ready to go as far as challenging the police on these field sobriety tests – getting your client to testify about how they feel they did on the field sobriety tests and why they felt they passed them, and getting whatever other evidence you can find to challenge the field sobriety tests, because as you challenge the field sobriety tests related to a DUI in LA county, so you challenge the entire theory of the prosecutors that your client was too intoxicated to drive a motor vehicle 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.

Can You Challenge The Breath Test On A DUI In Los Angeles?

Most of the DUI’s that I’ve seen over the last twenty-five years that I’ve defended, the person is giving their breath. There are occasions where someone gives their blood. Way back in the day, they used to take urine. Now it’s either blood or breath, and most of the time it’s easier for the police to get the person’s breath, so they’re trying to cajole the person even though they’re not supposed to do that into taking the breath test versus the blood test which can be a bit more of a pain for the police to deal with.

So, we’re usually dealing with breath tests on DUI’s in Los Angeles, and absolutely, they can be challenged. But of course, not everyone can be challenged unless you’ve got some good facts and circumstances. The machines that are used they’ve got to calibrate them and make sure they’re making right. That’s one area of attack. You can check the machine to see if it was taken out of service for example, either before, during or after the time that the client gave their breath test. So, that’s one area of attack related to DUI breath tests.

Also, the police have to observe somebody for fifteen minutes before they administer the breath test, because if somebody burps, vomits or gets something in their mouth that can affect the breath test and the police don’t account for that, then that’s another area you can attack them – if they don’t observe the person for fifteen minutes. And ways to get that sort of evidence is the police to put that they did that, or sometimes there’s video inside the police stations that you can get to be able to show that the person was not observed for fifteen minutes before they actually took the test, and that would violate the police’s own policy and rules related to DUI’s and you’d have a good argument that the person’s breath test was impacted somehow because the police didn’t do what they were supposed to do.

Probably the best way to challenge a breath test is to have your own expert – somebody who knows the machine that’s being used, somebody that has all the facts and circumstances surrounding your case and your arrest, you blowing in the machine obviously has your breath result. The best chance you’re going to have to challenge a breath test is if your breath result is close to the legal limit, and if you’ve got other surrounding facts like your driving wasn’t bad, you passed some of the field sobriety tests according to the police. There’s a whole host of things that go into what your likelihood of success is in challenging a breath test in Los Angeles County related to a DUI arrest and prosecution.

Obviously, your best bet is to meet with a DUI defense attorney. Give them all the facts and circumstances of your case. Be honest with them about what happened. That will give them important information that they can use to determine whether or not the breath test will be able to be used against you – whether it can be challenged and whether you could be prosecuted successfully for a DUI. But, that’s really only one piece of the puzzle. The defense attorney is also going to need the police report where the police are saying what they observed and what information they have if they were to testify during a DUI trial in LA. They are also going to need to get the- little strip that comes out of the machine that’s used to take your breath. They are also going to need to see what’s going on with that machine – if there’s any issues with it, and they may need to consult with an expert depending on what they find to see what the expert has to say about it.

Once they get your version, the police report – I like to talk to the prosecutor and see what they have to say about it as well – then if I do think there’s an issue with the breath test I will get an expert involved. We’ll see what the expert has to say after they review everything, and now you’re in a position to evaluate whether you might be successful in challenging the breath test or not. Of course, you can challenge it. You just need to have the evidence to challenge it. If you don’t have the evidence – if your client is falling down drunk and they’ve got it on video – you challenging the breath test is not going to do any good. You need to have the facts and circumstances – the person did well on the field sobriety – you can prove it. Their BAC is not that high. They’re saying they only had a drink or two. Now you’re starting to get into an area to say, how this machine is coming up with such a high result over the legal limit. There must be a problem with it, and now you put the mechanisms into operation to be able to challenge that breath test as it relates to your client’s DUI case pending 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.

Can The Police In Los Angeles Hide In Order To Catch People For DUIs?

I see a lot of cases where the police are just hiding out at certain locations ready to snatch people up for DUI’s. The clients who come in actually say to me, I saw the police hiding. These guys came out of nowhere. They were waiting right near that bar. They were waiting right near that club, and once the bar or club emptied out, they pulled me over. I didn’t even do anything wrong. I barely had just gotten into my car.

So, the question becomes, can the police do that? Is that lawful? Is that legal in a DUI case in LA. The answer is, of course, they can hide. Of course, they can do that. Where the police can have problems and be subject to attack by a DUI defense attorney in LA is if they’re just pulling the people over for no reason. It’s not a good enough reason to pull someone over just because they’re coming out of a bar. If you see the person staggering out of the bar and getting in a car and drive away, now we’re talking. Now you have some proof. They’re near a bar. They’re staggering as though they’re intoxicated and they’re getting in a car and driving. You can’t do that.

So, it really depends on the facts and circumstances surrounding the issue of the police hiding and what they saw. It becomes an argument, and more and more, at least there are some weapons that DUI defense attorneys have to try to challenge some of these stops because there are people with video out there. The police actually have a lot of their cars equipped with video. Some of the LAPD officers have body cams on. If they have them turned on, you’re able to get the body cam as a DUI defense attorney and then use that evidence to try to prove that they’re not telling the truth. But yes, absolutely. They can hide all they want.

The latest thing that I’m seeing a lot of is that they’re hiding near liquor stores and pulling people over. They figure a guy’s going to get more liquor. Maybe he’s already intoxicated. So, they have places where they hide. Another area that I see nabbing people – not necessarily for DUI’s – but for DUI-related offenses is they’ll wait at the courthouse. They have what’s called the H2O squad, where basically, they’re enforcing people who are driving on alcohol-suspended licenses. They have a list of people going to court – Metro Count, Downtown LA, Van Nuys Court in the Valley, and the bottom line is they’re going to hide and wait outside the court. They’re going to have a list of people – they’ll have a description and probably have a picture because the person was arrested for a DUI – and that person is not supposed to be driving, they’re going to see him get in a car and pull him over. People think they’re slick – they park like five blocks from the court, but these guys are all over the place.

So, the police hide all the time. They’re in the competitive business of ferreting out crime, and part of being able to ferret out crime, the police are allowed to do certain things in order to catch people. Now, the issue becomes when they go too far. You can’t just hide and start pulling anybody over that you want. If the person’s attorney can prove that you’re doing that, then you’ll be in a position as the police, where that person is going to be able to challenge the stop, challenge the field sobriety test, challenge any statements that you make, challenge any observations that the police make from their illegal vantage point, and then they can get rid of the DUI case against the person.

So, if you have a case where the police are hiding somewhere, popping out and grabbing you, obviously you want to tell your DUI defense attorney about that, but that doesn’t necessarily mean the case is going to be dismissed. We’re going to need to look at the circumstances of the case. That’s what I have you do. You come in, we talk about it. We then get the police report. Now we have that piece of the puzzle, and now we compare your version to the police’s version and then compare that to experience and common sense, and then you make a determination as to whether you’re going to fight the case or whether this is a case that should be negotiated through a plea bargain.

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.

Drug Recognition Expert (DRE) As It Relates To DUIs In Los Angeles

More and more, drug recognition experts are becoming an important part of the DUI world in Los Angeles, California. Now, with marijuana being legalized, people are smoking marijuana while they’re driving. They’re smoking marijuana and then getting in the car and driving. The police are pulling them over because of the way they’re driving, and once the police identify that they’re under the influence of some sort of a substance, they’re going to do all of their DUI tests, and the alcohol tests are not really going to work for somebody who is under the influence of drugs or marijuana. So, they’re going to need a DRE or drug recognition expert to come out and perform different tests other than the alcohol tests.

That’s where I’ve seen a lot of mistakes being made as this whole marijuana issue has become more and more prevalent in the DUI world. The police are giving people alcohol tests and then trying to claim they didn’t pass the test. Then, they have the person blow and they don’t blow anything. Then they realize this person is under the influence of marijuana or some other intoxicant other than alcohol. So, why did you have him do the alcohol test? So, the DRE can be called out to the scene. They can perform certain tests to determine whether somebody is under the influence of some sort of a drug. Also, I see the police carding individuals back at the police station, where they know that a drug recognition expert is available and they can be tested there.

Some of the police officers that are driving around are drug recognition experts. So, the DRE is important because a lot of the tests related to DUI’s are not designed to pick up other substances like marijuana, prescription medication, cocaine, other illegal drugs. So, if somebody is driving under the influence of any drug, any intoxicant – even if they legally got it, like a prescription – and they can’t safely operate a motor vehicle, that’s a DUI too. That’s what people don’t get. I took my prescription medication and I crashed into a tree. Did you look at the bottle on the prescription medication to see whether you could drive with it? Did you mix it with anything else? Did you mix prescriptions? Also, they’re nailing people right and left for marijuana DUI’s and the drug recognition experts are one of the key components that they use to solidify the arrest and try to solidify the conviction in a DUI case.

So, a DRE or drug recognition expert is specially trained. They know how to determine whether somebody is under the influence of some sort of an intoxicant and whether or not they can safely operate a motor vehicle. They’re going to perform tests, and in the end, if a person decides they want to go to trial – I was fine. I was not under the influence of any intoxicant – then the DRE is going to be called to testify against him as a witness and go through all the tests they performed and say why they didn’t perform satisfactorily.

Also, the DRE will probably try to get something from the person to be able to establish what’s in their system – their urine, their blood – they look at their tongue, they look at their eyes. So, the DRE is a necessary element when it comes to drug-related DUI cases in Los Angeles County. Without a DRE and readings of zeros for alcohol, the prosecution’s case is not going to be too good when it comes to a DUI.

So, bet your bottom dollar that the police now know, without a DRE, the DUI defense attorneys are going to attack the prosecution’s case. A lot of times, if the prosecutors can’t prove that the person was under the influence of some sort of a drug, then they’re not going to file the case. Even though the police arrest him, give them the case, without the DRE – without having a live witness to be able to testify that the person was intoxicated and gives the reason why – they give the scientific evidence as to why this person was driving under the influence, that it was a DUI in Los Angeles, and then once the prosecutors see that, now they know they can actually prove their case in a Los Angeles courtroom, then they’re going to file it and prosecute the person just as though they had drunk a bunch of alcohol and were driving around in a car.

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 Is The Purpose Of DUI Class In Los Angeles County?

Everyone who gets convicted of a DUI in Los Angeles County is going to have to do a DUI alcohol program and they’ll have to do one of the DUI classes. There’s a three-month class, a six-month class, a nine-month, an eighteen-month class and a thirty-month class Most offenders who get a first-time DUI are going to do a three-month alcohol program, where for three months, they’re going to have to go through a DUI course. It’s like a class. You have to pay for the course, and if you don’t do the course, then the course will report you to the court. You will then violate your DUI probation in Los Angeles and will be looking at potentially going to jail.

The judges and prosecutors take these DUI classes very seriously, and it would be an internal violation of your DUI probation if you fail to complete your DUI course. I have clients sometimes who just don’t want to do the course – are too busy, say they have to work – and they end up not doing the program. The judges say, okay if you don’t want to do the program, then you’re going to get 180 days in jail. How do you like that? So, that’s how serious they take these DUI classes.

As far as what it is, it’s basically an educational course related to DUI’s – the impact they have on society and the impact they can have on you if you continue to drink and drive and kill somebody. You could be looking at going to prison for fifteen for life and being charged with second-degree murder. So, I think they operate as an educational thing related to DUI’s and I think they also operate as a deterrent not to drink and drive anymore. So, for those people who take them seriously, I’ve actually got pretty good feedback from my clients as far as DUI programs go.

For those people who don’t take them seriously and just mess around with them, that usually ends up as a big problem in the DUI world, because that’s one of the indicators for the judge and prosecutor that you’re not taking your DUI seriously, and you’re probably likely to re-offend. So, they’re going to punish you for that, and again, this whole DUI area and topic is one that is politically charged and the prosecutors, police and judges are all very concerned when they see people not taking their DUI classes seriously, not taking the punishment related to a DUI seriously, and basically blowing off their responsibilities.

So, when it comes to the DUI classes, you have to do them. They’re not that difficult to do. It’s more a matter of time and a little bit of money being paid for them. Another issue with these DUI classes is, when you get a DUI, the DMV becomes involved as well as part of their punishment. They’re going to punish you for a first-time DUI. Part of their punishment is, in order to ever get your driver’s license back to be able to drive in California again, you have to finish at least the first-offender alcohol program depending on what your blood alcohol level was and what number DUI you got. If you don’t finish that program, they’re never going to give you your driver’s license back.

People come in from out-of-state with DUI’s to try to get their California driver’s license. If they didn’t complete the first-offender alcohol program that’s compatible with Los Angeles, California’s Department of Motor Vehicles, then the DMV in LA says, well, then you can’t drive here. So, they make you complete the alcohol program. That’s how seriously they take it. So, if you don’t complete the alcohol program, you can’t get your driver’s license back. So, it’s very important. Again, it’s not that difficult. It’s not that complicated. It’s more a matter of time and being responsible enough to complete the alcohol program 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.