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San Jose DUI Lawyers

• Bernard Bray: If you face criminal charges, you are probably worried about your future and your family. The fact is, whether you are guilty or not, an experienced criminal defense attorney can change the course of your case.
• Ronald Berki: While there is no general emergency exception, certain emergencies justify performing a warrantless search or arrest. Under the "exigent circumstances" exception, police may perform a warrantless search or arrest where an emergency prevents them from obtaining a warrant. Emergencies that qualify as exigent circumstances include situations that make obtaining a warrant impracticable or unreasonable, such as: When police have reason to believe that someone's life is in danger (including their own) When police are in "hot pursuit" of a fleeing felon (e.g., to prevent a suspect from resisting or escaping) When there is probability that a suspect might destroy evidence before a search warrant can be obtained (e.g., flushing drugs down the toilet) When evidence is likely to disappear before a warrant can be obtained (e.g., a blood sample containing alcohol or fingernail scrapings) When there is a threat to property (e.g., burning fires)
• Martin King: The "Firmly Rooted" Hearsay Exception for Statements Against Penal Interest In applying the Roberts analysis to other questionable Confrontation Clause cases, the U.S. Supreme Court has made a distinction between the admissibility of statements against penal interest (under a "firmly rooted" hearsay exception) and the otherwise inadmissible statements of non-testifying accomplices that inculpate the accused. Specifically, the hearsay exception for statements against penal interest is a "firmly rooted" hearsay exception that passes muster under the Confrontation Clause if the following conditions are satisfied: Declarant is unavailable (due to an exemption, refusal, lack of memory, inability, or absence) Unavailability is not the result of wrongdoing by the party wishing to use the statement Statement was contrary to the declarant's penal interest at the time it was made A reasonable person in the declarant's position would not have made the statement unless it was true Upon satisfaction of these conditions, the parts of a non-testifying accomplice's confession that contain statements against penal interest do not violate the defendant's Confrontation Clause rights, and are usually admissible.
• Harmon Associates: In California a person is considered legally intoxicated if his or her blood alcohol level is 0.08 or above. The amount of alcohol in a person's blood and how it is processed is dependant on many factors including the person's sex, weight, alcohol tolerance, and medical history; as well as the amount of food the person has eaten and the type of drink consumed. The effects of alcohol are different in every individual, although some common symptoms of excessive alcohol consumption include slurred speech, decreased attention span, drowsiness, and blurred vision.
• Patience VanZandt: When you are charged with a crime, the government will work hard to obtain a conviction.  The government will employ an experienced and skilled criminal attorney to prosecute you.  You need an experienced and skilled criminal attorney to defend you.
• Peter Hubert: Many of my clients have never before been charged with a crime, and face, for the first time in their lives, the possibility of jail time and/or substantial fines. In addition to the possible incarceration and fines, there can be a stigma attached to being convicted of a crime. For example, upon conviction of a felony, an individual may lose many of his or her rights, including the right to vote and the right to own a gun. Even a conviction for a traffic offense, especially an alcohol related traffic offense, can lead to a dramatic increase in motor vehicle insurance premiums that can stay with a person for several years. It is easy to see how one mistake can taint the rest of a person's life.
• Edward Ajlouny: A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
• Hoang Law: Any violation of the California Vehicle Code gives police officers the right to pull you over, including but not limited to, speeding, registration, or driving too slowly. Moreover, some driving behaviors, although not in violation of the vehicle code, provides law enforcement the "reasonable suspicion" required by law to make an investigative stop, such as, weaving within the lane or driving in an erratic manner (driving around in circles.)
• Thomas Mueller: Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances which impair the ability to drive.
• Cindy Diamond: If you're in a car, the police need a specific reason to hit their red lights and pull you over. Be aware of the condition of your car and the rules of the road, to avoid giving them such a reason. The most common traffic violations that I've seen, which give the police reason to pull you over, are: no current registration tags, a brake light or headlight out, failing to signal while turning or changing lanes, failing to come to a complete stop, speeding, weaving (even within your own lane - that's considered "suspicion of drunk driving"), and changing lanes over a solid white line. If the police pull you over and you have not apparently violated any law, always be polite, but remember your case might be successfully challenged in court because your constitutional rights were violated.
• Hinkle, Jachimowicz & Pointer: If you have been arrested for a DUI in California, you have only 10 days to request a hearing at the DMV, or you will lose your license for up to four months, through complete revocation of your driving privilege, depending on the number of DUI's you have had. If you do not set a DMV hearing within 10 days, your license will be suspended for some period of time, regardless of what happens in court.
• Eric Norris: Many people believe that there's not much you can do to fight a DUI charge. Others don't realize how serious the consequences of a drunk-driving conviction in California can be.
• Franklin Radoff: If you are arrested for DUI or DWI you must contact the DMV within 10 days from the date of your arrest. If you fail to make a timely request for a hearing your license will be automatically suspended 30 days after your arrest and you will not have a hearing.
• Roberts & Elliott: Your misdemeanor DUI charge will be handled entirely in Municipal Court. There are many hearings and procedures available to the prosecution and the defendant. An attorney may assist you in these hearings and procedures. In most cases, an attorney can appear for you without your presence in Court.