Did Police Pull You Over Unlawfully?
I've been handling cases in Burbank since the early 1990s. I worked for a Superior Court Judge there, and I know the DUI system. I know the police are very unreasonable in the City of Burbank and arrest people many times for DUIs when they shouldn't.
They're pulling people over unlawfully, and it is tough to convince them not to arrest you for a DUI. So, if you've got a Burbank DUI, you're going to the Burbank courthouse. I know that system very well.
I've handled thousands of DUIs over the last 26 years, and I think when you talk about defense in a DUI, the first thing you have to look at is why the police were able to contact you.
In other words, did they pull you over? Did they pull you over unlawfully? Is there any video evidence we can rely on? Any eyewitnesses or other evidence can be used to show that it was an unlawful pullover.
The second way we see these Burbank police officers arresting people is they'll come upon the scene of an accident or somebody runs out of gas. Maybe they are having some vehicle issue on the freeway or even on the city streets, and the first thing they're looking for is whether or not the person has had any alcohol.
They'll ask questions, and the next thing you know, people are getting arrested and are being charged with driving under the influence.
Challenge Blood Alcohol Level At Time of Driving
So, you have to look at all the angles when it comes to DUIs—if we can't get the case dismissed because it was an unlawful pullover or we can't make the argument that they can't prove that you were driving or when you were driving.
The next thing we're going to look at is your blood alcohol level? How did they get that blood alcohol? Did they take it by way of your blood, or did they take it by way of some breath device?
Then we'll see if it makes sense to attack that breath device — make sure it was correctly calibrated and attack that breath device — make sure it was correctly calibrated, know if it was taken out of commission any time close to when you took your test.
I like to talk to my clients and determine how many drinks they had, how much they weighed, how tall they were, how much they had to eat.
These are all factors considered when deciding if somebody is under the influence of alcohol to the point where they can't safely operate a motor vehicle.
That doesn't mean drunk means you can't safely operate a motor vehicle, and that means that the police are going to look at how you were driving, how you were walking, how you were talking, and of course, what your blood is alcohol level was.
After we've gone through all that, the next thing we're going to do is if the police have put together a good case against you, then the defense is not only.
Seeking Reduced DUI Charges
We still have to assess whether or not we can get a different charge other than a DUI — something lower — something like a wet reckless, a dry reckless, a speed contest, a moving violation — whatever we can do to minimize the damage to your record.
After that, we're looking at your case as a whole. Do you have any prior criminal records? How high was your blood alcohol level? Were you driving dangerously?
These are all the significant factors that the prosecutors take into consideration in the Burbank courthouse when deciding whether or not they're going to try to put you in jail and whether or not they might consider reducing the charge down to something less than a first-time DUI.
If you have multiple DUIs on your record, then you can bet, in the Burbank courthouse, you're going to be looking at jail time. It's just going to be a matter of how much jail time the prosecutors are trying to seek.
Contact Hedding Call If Charged with a DUI
That's why you need somebody like me, who worked for a judge in Burbank, who has handled criminal defense in DUI cases in the Burbank courthouse since the early 1990s — knows how to win — knows how to get you the best result possible.
Pick up the phone. As to have a meeting with Ron Hedding. I enjoy meeting people. I enjoy helping people. I stand at the ready to help you with your Burbank DUI.
Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 542-0963.