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.

Car Insurance Related Issues And DUI Cases In Los Angeles

Over the many years that I’ve handled DUI’s, insurance questions come up all the time. One of the biggest insurance issues surrounding DUI’s has to do with getting an SR22 from your insurance carrier. Basically, once somebody gets a DUI in LA county, now the government has their eye on them and one of the things that they make them do is – they say listen, you’re more dangerous and more likely to get into an accident because of your drinking and driving – so now what we’re going to make you do is, we’re going to make you have proof that you have insurance to cover any accident. That’s what the whole SR22 issue has to do with. That’s something that you need to talk about with your attorney. Talk to the DMV about it. Do some research on it, so you know exactly what you have to do if you have a DUI and you need to have that insurance in place and you have to have proof. There are certain documents that have to be filled out. There are certain things that you have to do with your insurance company. So, that’s one of the big insurance issues that I see being talked about all the time.

Another big insurance issue as it relates to DUI cases is, will your insurance rate now skyrocket because you got a DUI in Los Angeles County? The answer is probably yes. It depends on our insurance company. It depends on the facts and circumstances surrounding your DUI, but let’s be honest – most insurance companies are looking for an excuse to jack rates up anyway. If they can get it because you committed a DUI, they’re certainly going to do it. All is not lost though. If you do some research and you stay diligent on it, there are a lot of insurance companies that basically cater to individuals who get DUI’s in LA county. They’re targeting those people to try to get money from them. So, if you shop around and find an insurance company that is willing to trust you based on your prior record – aside from the DUI – then you should be able to get a somewhat reasonable price. You’re probably still going to be over the average for those people who don’t have DUI’s obviously, but time will heal that. Do your research; get in front the right insurance company, and then you’re going to be able to afford to have insurance, be able to afford to drive once you get our license back after your DUI case. It really just takes some time and effort on your part.

Internet searches is a good place to start because there are a lot of companies that are on the internet and you shouldn’t be afraid to zero-in on the insurance/DUI issue. Put it out there. Say I got a DUI. I need insurance. I don’t want to pay an arm-and-a-leg for it. What can you guys do for me? I think if you do a diligent search, you’re going to come up with different insurance companies that will be able to cover you and you’ll be able to afford the insurance. Like I said, once time passes, that DUI will fall off your record for purposes of insurance.

That’s another thing that people get confused about. They think that things go off your record related to the DUI after a certain period of time, and they get things confused. For example, if you get a DUI that stays on your criminal record forever unless you get it dismissed and there it will show as a dismissal on your record. For purposes of priorability, meaning should you get another one, then they’re going to look back ten years. When they get your new one, they’re going to see if you have a DUI within ten years and if you have it’s going to be a second-time DUI. That has nothing to do with insurance. Insurance has different issues that they look at. They’re going to pull your DMV record, ask you questions, and depending on which insurance company it is, they may ensure you with a reasonable quote after three years. Whereas other insurance companies may say no, that’s not long enough, we need six years.

So, the insurance companies related to DUI’s have their own policies. They deal with them the way they want to. They have some flexibility. They have some discretion. The rules are not necessarily locked in cement as it relates to DUI’s and insurance. You have to do your due diligence. You have to check into it. You have to do internet searches. You have to talk to companies and you should be able to get a reasonable rate as it relates to insurance, even if you got a DUI on your record.

When you go to get the SR22 and try to figure out the whole insurance thing, probably the best person to talk to about that in addition to your attorney would be your agent. Because if you have a middle-person agent to help get you the insurance, they have an incentive for you to continue to have insurance, so they’re either going to try to help you deal with the SR22 because they want your business and they’re going to help you figure out what kind of insurance you can get, because this insurance company is no longer going to ensure you or they’re going to double, triple, quadruple your rate. So, again, a lot of this is common sense. You have to put the time and effort in and you’re going to survive your DUI case. You’re going to be able to deal with the insurance-related issues and you’ll eventually also move on with your life and get out of the criminal justice system.

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.

Bail Hearings For DUI’s In LA County

I have done thousands of bail hearings over the years for DUI cases. There are number of different factors that go into what a bail will be set at for a DUI case. Two of the biggest factors are obviously, whether the person is going to be a flight risk and not come back to court if the judge lets them out on their own recognizance without having to post bail, or the judge sets a low bail.

The second big consideration is – is the person a danger to the community, and this is very much applicable in DUI cases because when people are driving around with alcohol in their system, they tend to be more dangerous; they get in accidents and they risk the lives of those people in the public. So, this is really what the judge is going to be focusing on in deciding what type of a bail is going to be set in a DUI case. If it’s an average run-of-the-mill DUI without a high blood alcohol level, most of the time in the LA county courts, the person will be released on their own recognizance which is basically it means they’ll be released with a promise to appear at the next court date that’s set.

If on the other hand, even on a first offense, the individual has a high blood alcohol level, the judge can make them do AA meetings while their case is pending and while they’ve been released without having to post bail, or they could just make them post bail and the person wouldn’t have to do the AA meetings. So, bail issues for misdemeanor cases on first-time DUI’s are fairly straightforward and not that difficult.

Where the difficulty starts to come in is, for example, in felony cases when the person has committed some serious injury against another person. That bail is typically going to be $100,000.00 or more depending on the facts and circumstances surrounding the case. If the person has violated a probation related to a DUI and they have a new felony, for example, a lot of times the judge can put no-bail on that probation case. So, even though you might have $100,000.00 on the felony DUI, if the judge puts a no-bail on the probation case, you’re not getting out. Your attorney is going to have to go into the probation court to try to get the probation judge to lift the no-bail hold and either put a bail or release you on your own recognizance.

So, there are a lot of different angles and techniques that can be used to get somebody out on bail or to get the bail dealt with so they can get out on their own recognizance, but again, it depends on the facts and circumstances surrounding the DUI. The more dangerous the person’s activity is perceived to be, the more likely they’re going to get a high bail on their DUI case. A lot of people don’t realize – for purposes of bail in DUI’s or any crimes – the judge is to assume whatever the allegations are against a person in the complaint – the charging document in a criminal case – that they’re true, and that’s just the way the system works – even though you still have the presumption of innocence as it relates to a jury trial for a DUI case. When it comes to bail, it’s presumed that whatever they have you charged with is true and that’s how the judge is going to set the bail for your DUI case.

There’s something called a bail schedule and that pretty much controls what the judges are typically going to set DUI cases at. They can go below the bail schedule or they can go above the bail schedule with a bail deviation if the prosecutors through the police can mount a very strong argument that your bail needs to be higher than what would normally be set because of the danger level that you pose to society based on what you did in this case and based on what you could do in the future. There’re all kinds of different things that can be done. I’ve been able to avoid huge bails or no-bails by putting an ankle bracelet on my client’s leg which is called a scram bracelet which basically detects alcohol and the judge orders them not to drink any alcohol while they’re out on bail and their case is pending and obviously, this scram bracelet would go off if they drank alcohol; the court would be alerted; law enforcement would be alerted and that individual would be arrested.

So, there are all kinds of different tactics and techniques that can be used when it comes to setting bail. Sometimes a person has committed such a serious offense and the prosecutors have the evidence that it’s not a good idea to bail them out for a couple of reasons. One, you’re going to waste money because you’re going to have to go back in again; and two, you’re getting somebody else who is on a collision court for potentially worse problems. These are some things that have to be discussed between the family and the attorney, and the family and the client, if the family is considering bailing somebody out who has a high bail related to a DUI case.

What it all boils down to is common sense and getting in front of a seasoned DUI defense attorney who knows what they’re doing and who has practiced in the jurisdiction where the place is pending – that you can talk to and say here’s what we have going on. Be honest with the DUI defense attorney because they’re not going to be able to fully help you if you don’t give them good information for purposes of bail or the criminal case. Once you’re honest with them – when I have people come in and give me the information – we can have a frank conversation and I tell them what I think they ought to do, what I can do regarding the bail issue related to the DUI in LA county and then we move from there and we put the pieces in place to get the person out of the criminal justice system as fast as possible and protect their rights, freedom and their DUI driving record.

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.

Brady Motions And Brady Violations Related To DUI Cases In Los Angeles

This whole concept of a Brady motion has to do with the prosecutors and the police turning over evidence that is both inculpatory and exculpatory. Meaning, the prosecutors and police have the duty to turn over evidence they’re going to use to try to prosecute a defendant in a DUI case, and also evidence that might help a DUI defendant in a case in Los Angeles County. So, what we’re seeing when we’re talking about Brady motions and Brady violations is defense attorneys in DUI cases saying, hey look – we know you have this evidence. We need it. In other words, how about a dashcam on the police vehicle. You’re saying my client was driving/speeding, making driving violations – okay, let’s see it. Let’s see the dashcam. So, if they weren’t giving the video – assuming a video exists in the particular police vehicle – most of them exist in a CHP vehicle, but not necessarily in a LAPD vehicle – or even a bodycam video that might exist showing the person talking, walking, performing a field sobriety test. Of course, it would be a Brady violation if they have that information – they have those videos that the defendant can use to defend themselves and the don’t turn that information over to the defense. So, that’s where you’re going to see Brady violations – when things are not turned over to the defense so the defense can properly defend a particular DUI case.

So, if you have a situation where your attorney is trying to fight a case and you need to file a Brady motion, you basically file the motion with the prosecutors and then the prosecutors are going to tell the judge whether they’ve got the information or not. The key thing is, they must turn over any exculpatory or inculpatory information they have related to a DUI case. If they don’t, then they can be subject to not being able to use that evidence against a defendant. The judge can order them to turn over the information – and if it’s good information for the defense – and they’re not turning the information over – then a judge can even order the case dismissed. I do motions all the time. I say Your Honor, I’ve informally asked for this information related to the DUI case that’s going to help my client in his or her defense and they’re not turning it over.

Prosecutors can’t hide behind the police. They can’t say well, the police aren’t giving it to me, because the police are an arm or a branch of the prosecutorial system, and if the police don’t turn it over and we know it exists then it doesn’t matter. They’re going to be ordered to turn it over and if they don’t the case can be dismissed. So, these Brady violations have to do with the defense being able to show that there’s evidence that the prosecutor or police have that’s not being turned over to the defense.

Now of course, a judge is going to say tell me what evidence it is. How do you know that they have it? Where is it? If you get the judge involved and file a formal discovery motion and say judge, I’ve asked them for it and they didn’t give it to me, so now I’m filing a motion with you and I’m asking you to order them to give me this Brady information – this information that can help my client. If the judge orders them to do it and they don’t do it, the judge has the power and authority to dismiss the case. So, these Brady motions have to do with getting information that the prosecutors or police have, typically, that helps the defendant. But even information they’re saying they have that they’re going to use at a trial that they haven’t turned over – you can say, that’s a Brady violation. I need to evaluate this information that they supposedly have related to my DUI arrest so that I can defend myself. Maybe I want to do my own investigation. Maybe I want to get my own expert to be able to challenge this evidence that they have. They need to turn it over to me. I need to be able to access it.

Don’t confuse this Brady violation with the police giving you all the information that might exist out there in the universe. It’s only information that they have and they have control over and the defense can’t get. If the defense can go out through their own investigation and get information then it wouldn’t be a Brady violation. Go out and get it defense. Don’t blame it on the prosecutors and the police, It’s only evidence that they control that they’re not turning over. For example, let’s say in addition to bodycams and other police-equipped videos they have some other evidence. Say they impounded a car related to a DUI accident and they’re not giving the defense access to view the car to see what damage it has. That can be another example of a Brady violation.

So, whatever evidence they have that they’re not letting the defense see, the defense needs to fight back. File a motion with the court. Say it’s a Brady violation and get the judge to issue an order so the defense can look at everything, conduct a proper investigation in a DUI case in Los Angeles and either get the case dismissed or get lesser charges, but be in a position to look at all the evidence. That’s what the defense has to do in a DUI case, and if the police and prosecutors are interfering with that defense investigation, it’s up to the DUI defense attorney to file the motion in the LA court where the case is pending and get the evidence that needs to be evaluated in order to properly defend the 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.

What Forms Of Alcohol Treatment Are Available For DUI Cases In Los Angeles?

I have handled a lot of DUI cases over the last twenty-five years and one issue that comes up a lot of times people are actually addicted to alcohol and are getting multiple DUI’s or getting a DUI where they have a very bad accident and they are facing a bunch of jail or prison time, or their blood alcohol level is extremely high – way too high for somebody who is just a social drinker. So, that’s when we start talking about alcohol treatment programs. A lot of lawyers or their sales people are telling people you should go to AA and you should do these alcohol programs before you even go into court. When I talk to the people I’m like, wait minute – do you have an alcohol program? Because if you don’t have an alcohol problem and this is your first offense and you just had a few drinks, do you want the prosecutors to think that you’re an alcoholic?

So, a lot of these things are not smart moves. You don’t do the same thing in every single DUI case in Los Angeles. You have to look at the facts and the circumstances surrounding your case and then you make the decision based on counsel from a good DUI defense attorney on exactly how you’re going to deal with your case. If somebody is facing jail time and they don’t want to go to jail, or they’re facing prison time and they don’t want to go to prison, sometimes I’ve been able to get them a live-in alcohol treatment program. A lot of times the prosecutors will do this because if it’s a good program it will help to get to the root of the person’s problem. Especially let’s say for example, the prosecutors are trying to give somebody a year in local county jail because they have second, third or fourth-time DUI or maybe because they got in an accident and hurt somebody. There’s a number of different reasons. Maybe they’re going 100 miles an hour. The more dangerous you are, the more likely they are going to want to throw you in jail.

In this case, instead of jail time, we might consider trying to get you some sort of a live-in program because I can say to the prosecutor, listen, if you give him a year he’s probably going to be out in two or three months. Why not give him a ninety-day live-in program? Then you know he’s off the street for ninety days and not only that, he’s getting help and treatment for the issue that is the genesis of why this person is in trouble. Why this person is endangering the public. And the prosecutors and judges know that if you don’t do the alcohol program or if you walk away from the live-in alcohol program, they’re going to alert the court and the court is going to put a warrant out for your arrest and when the court catches you, they’re going to put you in jail.

So, a lot of times I can get these live-in alcohol treatment programs for people. There’re also out-patient alcohol programs. These are not as effective as a live-in program at really stopping people from drinking and really getting to the root of the problem and figuring out how this person is not going to drink alcohol anymore for their own health and safety and is not going to be in a position to endanger the public anymore. So, I love alcohol treatment programs if people really need it and we don’t want them to end up in jail and we are trying to help them. But, if somebody doesn’t really need it, then there’s no reason that you would want to go into an alcohol program except to avoid jail and that’s something I don’t know that it really makes sense, depending on the circumstances surrounding your case. So, an out-patient program is something we can use if it makes sense for your situation, but it’s not as effective when it comes to convincing the judge and the prosecutor not to put you in jail.

Another thing they’ll make you do if you get arrested and you have a high blood alcohol level and they’re worried about you, the judge – if they’re going to release you on your own recognizance – will make you do AA meetings while you’re out; while the case is pending. Sometimes they’ll make you wear a scram bracelet on your ankle. So, when it comes to an alcohol program there are other things that can supplement an alcohol program and can be used to help you related to your DUI case in Los Angeles.

Other things that I’ve done – if somebody really has an alcohol problem and it shows based on what they did related to their DUI case – then I’m going to probably have them get into some sort of a live-in program or an out-patient alcohol program because I want to show the prosecutors that we know that there’s a problem prosecutor, you don’t have to tell us and we’re getting help for it. We’re getting treatment and we’re going to be in a good position when we get out of the treatment. We’re going to show that we’ve turned the corner and we’re not going to put the public in danger. That’s a crucial thing for the prosecutors and judges. They are looking to protect the public.

So, when it comes to DUI cases and alcohol programs they will consider them if they think that you’re serious about it and you really want to deal with this alcohol program and not put the public in danger related to getting involved in DUI’s.

I’ve been doing this a long time – many years of dealing with DUI’s and alcohol programs – and to me, what it boils down to is the person who has a DUI, who has the issue, is the one who is going to have to say enough is enough. In other words, they’re going to have to say, you know what, I’m not drinking anymore. Drinking is getting me in trouble. Drinking is destroying my life and I’m going to figure out how to stop and if this DUI that I got is the catalyst to get me to stop and I need to get into a live-in program, then I’m going to do that.

So, if you’re thinking about trying to resolve your case with a live-in alcohol program or an out-patient program, what you need to do if you have a DUI case pending is sit down with an attorney who is local to the court where your case is pending who has done a lot of DUI program. When it comes to these alcohol programs, there’s actually counselors who can help you get into the programs who will appear in judge and say, judge we got him into an alcohol program. Here’s the program. It’s live-in. Here’s what the structure is going to be. Here’s where it’s going to be. Here’s what we do if the person doesn’t do what they’re supposed to or walks away from the program – we’re going to call the court up and let them know. Here’s how we try to help this person and assimilate them back into society, so when they’re all done, they can succeed. We give them the tools to succeed and to get out of the criminal justice system as fast as humanly possible.

This is the type of alcohol program you will need if you have a DUI pending in LA county and you’ve got to coordinate that through your attorney who can help you get what is necessary to help you get out of the system as fast as possible.

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.

Factors Affecting Alcohol Absorption Rate In DUI’s In Los Angeles

There are a number of different factors that can affect how the alcohol is absorbed through your body when it comes to a DUI in Los Angeles county. Some of the factors include your weight, your height, your body structure, how much you’ve eaten that day, how much alcohol you drank, the type of alcohol you drank, how much water you had, when you drank in relation to when the authorities are doing the DUI testing – there’s a whole host of different factors.

The bottom line is this. A lot of this stuff is common sense. The law if very clear that you cannot use any type of a substance, including alcohol, drugs, prescription jobs and all sorts of other substances that affect your ability to safely operate a motor vehicle. What this law is designed to do is to obviously protect the community and protect the public against people who are drinking and driving and using other substances and driving, getting in accidents, hurting people, killing people.

You really have to look at the totality of what’s going on in relation to the DUI arrest. I ask some crucial key questions when I’m talking about his whole alcohol absorption rate, and that is, how many drinks did you have, what type of drinks were you drinking, when in relation to the testing had you stopped drinking, how much food had to eaten. I’d say a huge percentage of my client have eaten nothing and are just surviving on alcohol going out and trying to drive and then they are surprised their blood alcohol level is so high. This whole absorption issue really has to do with a defense to a DUI by saying that the whole alcohol absorption issue applies to your case and you really didn’t have that many drinks and there’s no way your blood alcohol level can be where it’s at.

So, that’s why I’m asking people how much did you drink? And then I’m comparing that -you know, based on twenty-five years of experience with – what’s your blood alcohol level? Somebody tells me they had one drink and they tell me, hey I’m telling you the truth, I only had one 12-ounce beer and their blood alcohol level is over the legal limit – unless that person weighs like 80 pounds, there’s something wrong there. Now we can get an expert involved. Now we can get into this whole alcohol absorption rate and we can talk about what the prosecutors are going to need to prove in a jury trial in a DUI case, because that’s what you’re going to look at in order to prove you’re guilty. Really, what the expert is going to have to do is say okay, we have a blood alcohol level at a certain point, an hour, two or three hours after the arrest. How am I going to prove what your blood alcohol level was at the time of the driving? Who cares what it was two hours later. This is where you get into this whole alcohol absorption rate. This is where the expert is attempting to extrapolate backwards and say okay, if you were a .09 at 10:00 p.m., at 8:00 p.m. you must have been a certain amount and then they say why?

A lot of this is subject to attack and a lot of times it really is voodoo science where these guys are just coming up with numbers and things that don’t make any sense. If you’ve had a bunch of drinks and you got caught – you didn’t eat anything and your blood alcohol level is high – these lawyers that are claiming they’re going to get you a not-guilty verdict or get you off or get the case dismissed just to get your money – they’re just wasting your time and wasting your money.

You need someone who is going to be straightforward, honest and tell you whether this whole alcohol absorption rate applies to your DUI case or not. Not every single defense in a DUI applies. They apply to the cases they apply to; and most time, defenses don’t apply to a particular case. So, you have to look at the specific facts of your case. Sit down with a seasoned DUI defense attorney who has been down this road and if you have an alcohol absorption issues then you need to talk to the attorney about that. Explain why you think you have an alcohol absorption issue related to your DUI and let them talk to you about it to see if that’s really something that’s feasible, or if that’s something that’s just idiotic and doesn’t make any sense and you’re not going to be able to tie in any expert testimony or a good defense to it.

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.

Community Service As A Sentence For A DUI In Los Angeles

There are many different punishments or sentences that a judge can give in a DUI case in LA. One of these is certainly community service and there’s a bunch of different forms of community work. The harshest punishment that the judge can give – and usually this is given in place of jail – would be Caltrans. Those are the people that you see on the freeway in the orange jumpsuits picking up trash. This is particularly dangerous. It’s also very difficult to do, in the sense that you have to get up real early – 5:00 or 6:00 in the morning – and they only have so many spots available and if you don’t get one of the spots then you just wasted your time going out there. Obviously, Caltrans is not the best sentence somebody could get, but if you really, absolutely want to avoid jail time for your DUI sentence, then this form of community service is certainly a viable one.

There’re also other forms of community service related to your DUI that are very close to this. For example, the PAWS Program, community labor – these are in this same area of more difficult than the easy community service. This is actually physical work – working at a park or a beach. There’re different things that they can make you do depending on what is needed out there in the community. In addition, there actually is community service. This is usually an easier form of work where you can work in an office – it’s not necessarily physical labor – and it’s safe for those offenders who are obviously on the low end of the offense scale and it’s typically and 8 to 10-hour day. A lot of times, you can even get rid of most of the DUI fine if you can get community service instead. This is viable for those people who really don’t have the money to pay $2,000 to $3,000 related to a DUI case.

Another form of community service is the easy community service which is saved for those people who may be injured – it’s called light community service – you bring forth medical documentation showing that you simply cannot do physical work. A lot of times we can get the light community service instead of some harsh community service where you’re going to injure yourself. So, there’s all forms of community service. A lot of whether you do community service has to do with many factors. Obviously, your DUI defense attorney is going to be your best source in figuring out what type of community service you might end up with related to your DUI.

The bottom line is, if you don’t do your community service and you violate your probation and violate your sentence, what’s probably going to end up happening is the judge is just going to throw you in jail. It’s easier for the judge if someone is not doing their community service sentence related to a DUI case to just throw you in jail, because then you’ll serve your jail sentence and then you’ll be done. That’s something you really can’t mess up, because once you surrender, that’s it. The authorities have you and they’re going to have you serve whatever percentage of time that they have you serve, then you’ll get out and you’ll be back on probation.

Really, if you have community service questions related to DUI’s, every single court in Los Angeles has a community service office which is an office within the court where you can go – they have all the different community services that you can do. They have a sheet and you can talk to the people there and get all the information related to a community service issue. Some people think well, I can just do any community service I want. I’ll work over my brother’s store. I’ll do something at church, but you have to get a court-approved community service if you have a DUI case and you’re trying to meet the terms and conditions of your probation.

Make sure you’re doing an approved program. Make sure it’s run through the court. Make sure your attorney approves it. Because if you don’t get something that’s approved by the court in the community service office then you’re going to have to redo the whole thing. Another thing people mess up on related to community service is, once you do the community service, you actually have to get your community service hours verified in order to satisfy your DUI sentence. The way you do that is you run them back through the community service office in the courthouse. They’ll put the stamp of approval on it and then the judge will know you didn’t just make the community service hours up – that the community service office verified that you actually did them. You have to be careful about this because some people try to cheat and get fake community service hours. If you get caught doing this, you’re going to violate your probation.

So, if you are sentenced with community service to satisfy your DUI charge, you’re going to want to speak to your attorney about it, because it is a sentence that you want to get if you want to try to avoid jail time 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.

What Happens If You Get Caught Driving On A Suspended License Related To A DUI In Los Angeles

When someone is put on DUI probation, they are ordered to not drive without a valid driver’s license. You have to go through the DMV to get a valid driver’s license – whether it’s a temporary driver’s license or a full driver’s license. Typically, related to DUI cases, you’re going to need to get an SR22 proof from your insurance company that you’re able to drive and you have liability insurance. Also, you’re going to have to be enrolled in a first offender alcohol program and have to pay some fees.

What I have my clients do for DUI cases in getting their driver’s license back, is go to the DMV, find out exactly what they need so they can get it and can be driving lawfully. Because the answer to what will happen to you if you’re caught driving on a suspended license related to a DUI is that you will face mandatory jail time. They don’t mess around with these types of cases. They don’t want people on the road who they consider dangerous because of drinking and driving.

So, we are sometimes able to get out of the jail time, but it’s not easy. When you get a 14601.2, 14601.1 of the Vehicle Code, you’re definitely looking at jail time and it’s very difficult to get the prosecutors and the judge not to give you any jail time. So, this is where we have to do some real lawyering here and show why you were driving. We’re going to try and show that you weren’t dangerous at the time. Hopefully, you weren’t drinking and driving. Because when you do this, not only do you pick up a new open case for driving on a suspended license related to a DUI in LA, you also violate your probation related to your DUI. So, you’re subject basically to double punishment. In other words, they can punish you for the open case and they can also punish you because you violated the terms and conditions of your DUI probation.

So, if you have a driving on a suspended license case, we’re also going to want to try to get your driver’s license. In other words, the next question the judge and prosecutors are going to have is, why don’t they have their driver’s license? Okay, well the DMV suspended it. Alright, well then they can’t drive. So, the closer you are to getting your driver’s license, the stronger argument we’re going to have to keep you out of jail.

What Are Some Defenses To Driving On A Suspended License Related To A DUI In Los Angeles?

One defense is that you didn’t have knowledge. In other words, you didn’t know that your driver’s license was suspended. The best way for them to be able to prove that you did know is to show some sort of proper service. In other words, did the judge tell you in court that you could not drive without a driver’s license, but you also have to know that the license was suspended. So, the judge can tell you, don’t drive without a valid driver’s license, but if you say, wait a minute I didn’t know the license was suspended – the Judge would have to tell you in court, this would be the best service. Your license is suspended. Do not drive on it. You can’t drive until this date.

Another effective way is if a police officer tells you and is ready to testify, hey I told him his license was suspended and then you drive after that. The last way is if the DMV can give you effective notice. Just sending a letter in the mail is not good enough. They’re going to have to send a certified letter to prove that you actually got the letter and that you had noticed that your driver’s license was suspended. A lot of this is common sense. If you got a driving on a suspended license and you’re afraid you are going to end up in jail, you better get an attorney. Let’s figure out exactly how we can get that license, because sometimes when the case is pending, we can actually get the driver’s license. That helps us avoid the conviction for the 14601.2 of the Vehicle Code. It also helps avoid jail time. Maybe we can get it reduced to a 12500 which is driving with no license in Los Angeles. That has no mandatory jail time and we can avoid you having to spend some time in jail – away from your job and away from your family.

So, pick up the phone. Make the call. We can talk about your DUI case. We can talk about any probation violation you might have, and if you have a driving on a suspended license case, we can figure out how to help you with it.

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.