Understanding the Likelihood of Dismissal in a Los Angeles DUI Case is a crucial aspect that clients often inquire about. With over 26 years of experience representing numerous individuals charged with DUI, I've come to realize the significance of this question. As an attorney well-versed in the complexities of the criminal justice system, I'm here to provide the guidance you need.

It's crucial to understand that the expertise of your legal representation can significantly impact the outcome of your case.  As an experienced attorney, I've witnessed numerous instances where my intervention during the pre-filing stage has prevented a case from being filed.

Don't get me wrong.  I've seen a lot of questionable activity by the police.  I've seen numerous cases where I've been able to intervene in pre-filing and avoid a filing on the issue.

Often, it's the information provided by my clients that allows me to identify potential issues in the case. By sharing this information with prosecutors, who are also lawyers like me, we can sometimes prevent the case from being filed.  This is not a dismissal but a non-filing, which is even better.  After all, the best case scenario is to avoid a lawsuit being filed against you in the first place.

But the reality is that the DUI will not be dismissed because if they arrest you and your blood alcohol level is a .08 or greater, prosecutors will prosecute you in Los Angeles.

It's a very political crime.  California probably has the worst and most heavily prosecuted DUI system in the nation so they will charge you.  They're not going to dismiss the case.

To get a dismissal, you will have to be found not guilty.  You take the case to trial.  You want to ensure that you get an attorney who has the necessary experience and can be honest with you.

It's crucial to have an attorney who can provide you with an honest assessment of your case. They should be able to advise you on whether there's a chance of dismissal or if you'd be better off negotiating with the prosecutors. This guidance can help you avoid wasting time and money, and potentially facing a more severe punishment.

Defenses to DUI Charges

So, if you want to get a dismissal, you need an angle.  What are examples of hooks?  I can tell you.  The police can't prove that you were driving the vehicle.  You weren't one of those dummies who tell them, yeah, I just crashed here on the side of the road ten minutes ago, and you give them everything.

Let's say you're outside the car, and the police grab you. You don't do or say anything that makes it clear whether you were driving, nor do you say anything that indicates when you were going. 

This is crucial because if they can't prove when you were driving, how do they know what your blood alcohol was at the time of driving?  Think about that.  Therefore, it may be a case where you can obtain a dismissal if you have the right circumstances.

But again, use common sense. If it's clear you were the one driving, even if you weren't driving when the police got there, you're probably going to lose that case.  You have to talk it over with your attorney to decide whether or not the driving-related issue is one you can win the day with.

Remember, there's always a chance for a positive outcome. Perhaps your DUI can be dismissed, or you might be able to plead to a lesser charge. This is just one area to explore if you're aiming for a dismissal.

California Vehicle Code 23152

Another area is your blood alcohol level.  If you were a .07 and they filed against you — and they do that sometimes — you might be able to get a dismissal because you're not a .08, so they can't go under Vehicle Code Section 23152b.

They're going to have to go under Vehicle Code Section 23152a, which says — I'm paraphrasing now — give you the juice and the meat of the section where you can argue, and that is, did you have alcohol in your system and could you not safely operate a motor vehicle?

So, even if you blew a .06 or a .07, they could still prosecute, and I've seen them charge people in the San Fernando Valley.  I've seen them charge people in downtown Los Angeles and on the West Side, based on those facts, if they've other circumstances that prove they couldn't safely operate a motor vehicle.

For example, let's say you're swerving all over the road.  Let's say you're going 100 miles an hour.  The beautiful thing for the police and prosecutors is that if you get in an accident.  That shows you can't safely operate a motor vehicle unless the accident wasn't your fault.  I've had similar situations as well.

So, they're going to look at your particular case's circumstances when deciding whether they will dismiss it.  When I say 'they,' I'm referring to the prosecutors, as they're the ones tasked with handling these cases.

They're going to determine whether we can win the case or not.  Because if we can't beat the case, we're not going to get embarrassed.  We're not going to waste the time and resources necessary to prosecute a case and put a court on trial for three to four days.

Lawyer Who Knows How To Win DUI Cases

I'm going to tell you straight.  I've been doing this for a considerable amount of time.  I know how to win cases.  I know what issues are winnable.  If you want to see a winnable case, and you can assess it yourself, look at everything neutrally and ask yourself, 'Is this not fair?' '  I don't know why this person is being prosecuted for a DUI; now you start to get yourself in a position to say, maybe we can win this case.

But if, on the other hand, you're driving and your blood alcohol level is like double the legal limit, .16, and you're driving around, and the police pull you over, you're going to get charged with that.  They're not going to dismiss it.

You're going to have to have some angle to beat it before a jury, and a jury is just citizens.  They will be informed of the law and must comply with it.  The judge will order them to follow the law. The legal process is fair and ensures that justice is served.

So, if you're driving and you're over a .08, they're supposed to convict you for that unless your lawyer can come up with some argument that somehow bodes that conviction using jury instructions, common sense case law, whatever the case may be.

So, if you'd like that evaluation, I can provide it to you.  This is my career.  I exclusively handle criminal cases, and I've experience with thousands of DUIs.  I wrote a book on the topic.  You can get it for free.  You can buy it on Amazon.

You can get a tape of it.  It discusses the basics of DUIs, but I'm happy to speak with you about it.  If you're a legitimate client in need of help and looking for answers, please pick up the phone and make the call.  I'll make it fast and easy for you.  I'll tell you what I think, and we'll play it from there.