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Laguna Beach, Laguna Hills, La Guna Nigel, La Habra, Lakeport, LaMesa, Long Beach

  • Laguna Beach
    • Stanley Alari: What are some consequences of handling your case without seeking competent legal advise from an experienced traffic attorney? 1- Going to traffic school 2- A DMV point 3- A DMV warning letter, A DMV hearing on license probation 4- Suspension or revocation 5- Job jeopardy, embarrassment or loss 6- The case might have been won with a Trial By Declaration or in a Court trial. 7- Insurance Premium Hike (for three years) 8- Insurance Cancellation
    • Elekes Law Office: In 1966, the United States Supreme Court issued its famous "Miranda" ruling regarding self-incriminating statements. The Miranda decision held that when law enforcement takes someone into custody and questions him, they must advise the person regarding his rights, i.e., "Miranda" warnings ("you have the right to remain silent..." etc.). More specifically, the court stated that if the police failed to give such warnings to a detained individual and a confession was given, there was a constitutional violation against the individual's Fifth Amendment right against self-incrimination. As a result, the police would not be allowed to use the confession in court against that individual.
    • Barry T. Simons: In order to successfully Defend DUI charges,an Attorney must not only understand the Laws of the State, but must also understand both the Laws of Nature and the Laws of Human Nature. The Laws of the State are designed to facilitate convictions and enhance punishments for persons accused of driving while under the influence of alcohol. They disregard The Laws of Nature - SCIENCE - and assume facts to be true for ALL people. We believe that these cases can be successfully defended by understanding both SCIENCE and LAW and by vigorously challanging the State's evidence at every juncture.
  • Laguna Hills
    • David Savin: DUI affects every walk of life. All kinds of people get DUIs. Doctors, lawyers, actors, politicians - everyone. You don't need to feel like a criminal.
  • Laguna Nigel
    • Michael Bruggeman: Along with an individual's physical makeup, the following factors may also tend to create questions regarding a test's reliability: Equipment Operation Error: Defense attorneys often point to the officer's failure to follow the instruction manual of the sobriety testing machine, such as the Breathalyzer apparatus. Mouth and Air Contamination: Substances found in the suspect's mouth at the time of a sobriety analysis can cause in inaccurate readout, including tobacco, lip balm, mints, and recent dental work. In a breath test, test results may also be altered if the defendant burps or otherwise slightly regurgitates anything. For this reason, officers often wait 20 minutes prior to administering certain sobriety tests in order to ensure that such substances are not found in the mouth. However, it may be questionable that officers are sufficiently observant to notice if a defendant has burped or not, thus creating a need to wait an additional 20 minutes. In addition, airborne substances at the time of reading, including hairspray and nail polish, can affect the accuracy of the reading. Radio Frequency Interference: Just as aircraft or hospital instruments can be affected by cell phones, certain models of blood alcohol measuring devices may also be affected. Whenpart ofa measuring device acts as an antenna, the accuracy of a sobriety readout may be altered.
  • La Habra
    • McDonnell & Kent:

      California has two basic drunk driving laws, found in Vehicle Code sections 23152(a) and 23152(b).

      • 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs
      • 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
      Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant can be convicted of BOTH offenses -- but can only be punished for one (the punishments are identical).  Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
  • Lakeport
    • Douglas Rhoades: If you're suspected of driving under the influence (DUI) and refuse to take a blood, urine or breath test, your driver's license may be suspended, even if later found not guilty of DUI. You may face further punishment for refusing to take a chemical test to determine your blood alcohol level. Remember that driving is a privilege, not a right, and anytime you drive a vehicle you are impliedly consenting to such a test if you are stopped for suspicion of driving under the influence.
  • LaMesa
    • Michael Richmend: An individual contacted by the police is usually asked potentially incriminating questions without any advisement of rights and/or without an attorney being present. He or she is then given a series of "Field Sobriety Tests." Three tests recommended by the U.S. Department of Transportation (DOT) are: The Horizontal Gaze Nystagmus, Walk and Turn Test and One Leg Balance Test. The nystagmus test measures eye movement - intoxication can result in jerky eye movement.
    • Daniel Cohen: DUI is shorthand for "Driving Under the Influence." A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state. Back to top
  • Long Beach
    • Hoffman and Associates: If you have been arrested for Driving Under the Influence within the last 10 days and haven't consulted with any Southern California dui attorneys, you must act quickly to attempt to save your license from suspension from the DMV.
    • Leonard Matsuk: In 1984, the Court created a new exception to the exclusionary rule for circumstances where officers conducting searches reasonably believed that the search was proper, i.e., acted in "good faith." Specifically, the good faith exception holds that where an officer acts in "objectively reasonable reliance" on a warrant that is later determined to be invalid, evidence recovered pursuant to the invalid warrant may be admissible despite the error. This exception might apply, for instance, where subsequent to a search it is determined that contrary to an officer's belief, probable cause did not exist for the issuance of the warrant. In 1987, the exception was specifically extended to instances where officers rely on statutes that permit warrantless administrative searches but are subsequently determined to be in violation of the Fourth Amendment.
    • WAGNER & ZIELINSKI: When an attorney represents a person arrested for DUI, the attorney evaluates the case based on what would happen if the case went to trial. Judges and juries are very biased in favor of law enforcement officers. There is a very strong tendency to accept an officers testimony as true. A drivers testimony which conflicts with an officers will generally be disregarded or given little weight. So, it is usually best to give a law enforcement officer as little information as possible. These rules apply to adults only. They apply whenever the driver has had two or more drinks.
    • Glaser and Damone: A DUI arrest has many far reaching consequencs in addition to the immediate humiliation and loss of freedom associated with the arrest itself.
    • Hoffman & Associates: The DMV has complex rules which apply and each case needs to be evaluated independently. In many cases, a restricted license allowing driving privileges for work can be obtained by following certain procedures.
    • Lawrence Taylor: With 29 years of experience, Mr. Taylor limits his practice to the defense of drunk driving cases, with a primary clientele in Los Angeles and Orange Counties.
    • Gold & Witham, Attorneys at Law: Depending upon your circumstances, a D.U.I. may be filed as a felony or a misdemeanor and can result in serious court penalties. It may also result in the loss of your driving privileges and a substantial increase in your insurance premiums.
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