Unlawful Police Stop & Blood Alcohol Level
The Van Nuys court pretty much controls the San Fernando Valley, middle and west end, and there are a lot of DUIs. They have a lot of checkpoints, and a lot of CHP and LAPD looking to pull people over to check to see if they're driving under the influence.
The way you defend these cases is that you have to look at the reason for the pullover, for example, because they can't pull people over for any reason, even though we all know they do it.
We have to show they pull the person over for an unlawful reason. Maybe they were waiting outside a bar, or they just pulled them over for no reason.
A lot of these cars are equipped with dashcam videos, so sometimes we can catch them lying, claiming they pulled somebody over for a specific reason and the proof that, in reality, the reason was that they were pulling people around randomly trying to catch people driving under the influence.
I defended it first to see if it was a lawful pullover. Then we'll look to see your blood alcohol level and how they got the blood alcohol level. Did they use blood? Did they take your breath?
After that, we're looking at any angle that we can. I see cases in the San Fernando Valley getting moved into the Van Nuys court where you have a situation where something unlawful has been done.
Whether it be how they take the blood, how they handle the breath, how they pull the person over, whether they can pass the field sobriety test, at least according to them, there's a whole host of things that we look at when we're defending a DUI.
Negotiation with Prosecutor for Reduced DUI Charges
You also have to be realistic and realize that part of defending a DUI is sometimes the prosecutors have the evidence. If they've got the proof, part of my job as a defense attorney is to see if we can get a different charge than a DUI.
For example, there's a dry reckless, a wet reckless, speed contest, moving violations — all sorts of charges can be substituted for a full-fledged DUI.
There are even charges that the prosecutors can substitute to make the case more severe in the Van Nuys court. So, you have to look at everything. I'm always looking to try to dismiss a case, but if I can't ignore it, the next thing is, I'm looking at getting a different charge than a DUI.
Then you start looking at the punishment. Will, the person be given jail time, a huge fine, or community service, or will they lose their driver's license with the DMV?
You have to look at another aspect because if you're pulled over in the San Fernando Valley and arrested and charged with a DUI, the police will send your information to the DMV.
The next thing that's going to happen is you're going to have to defend yourself, or they're going to take your driver's license away automatically. You have to call them within ten days. We usually do it for our clients.
Then we have to figure out whether or not you have any defenses, whether or not the DMV can prove what they need to try to take your driver's license away.
Contact the Hedding Law Firm If Charged with a DUI
So, if you've got a DUI in the Van Nuys courthouse, you've come to the right place. I've been practicing there for 26 years. I've done thousands of DUIs there.
I know how to defend them. I know the players, the judges, the prosecutors. I know what it takes to win, and I know when to try to negotiate when it's the best move.
So, pick up the phone. Ask for a face-to-face meeting with Ron Hedding. I will do everything I can to help you.
Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact our firm for a free case evaluation at (213) 542-0963.