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Search for California DUI
Attorneys by County.
Seal Beach,, Sebastapol, Sherman Oaks, Simi Valley, Sonora, Soquel DUI Attorneys DUI Lawyers
Seal Beach
- Eugene
Kinsey
:
A police officer may arrest a motorist if the cumulative effect of the
evidence convinces the officer that he has "probable cause" or
"reasonable cause" to make an arrest. This is a far lower standard than
the one the state must prove at trial. There the case must be proven
"beyond a reasonable doubt."
Sebastapol
- Edward Bernard:
Just because you failed a sobriety test does not mean you will be
convicted of a DUI. With proper representation you can avoid DUI
convictions or minimize the negative effects a DUI can have on your
life.
Selma
- Marcus Torigian:
California has some of the toughest DUI penalties in the country. Drivers exceeding the maximum blood alcohol content (BAC) limit of.08 are considered legally drunk. It does not matter whether or not your actions are actually impaired. First-time offenders run the risk of license suspension or revocation, stiff fines, vehicle impoundment, installation of an ignition interlock device, mandatory alcohol treatment programs, jail time or probation. The consequences grow more serious with repeat offenses.
Sherman Oaks
- Dahut & Weiss:
If you have been wrongly accused of driving under the influence, the
chances of proving your innocence will depend more on the special
skills of your lawyer than on the generosity of the courts or law
enforcement. Today, politicians have demonized the DUI crime causing it
to rank among violent crimes. Not only are today's DUI laws confusing
and unfair, the penalties can be severe.
Simi Valley
- J. D. Clark:
Every California DUI case has something unique about it. These special
facts may provide opportunities for a California DUI attorney to gain
the upper hand, to save your license or to reduce court-imposed
sanctions.
Sonora
- James Webster:
Pursuant to 18 U.S.C. Section 16, a "crime of violence" for which a convicted alien may be deported must involve either one of the following:
1. Use of physical force against the person or property of another; or
2. A felony that involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
The Court in Ashcroft interpreted the first definition as requiring "active employment" of force. Accordingly, the Court concluded that a DUI offense is not a crime of violence where the DUI statute under which an alien was convicted does not require proof of any mental state or only requires proof that an individual acted negligently. The Court reasoned that a person convicted of DUI does not actively employ physical force against another, where the state's DUI statute does not require "a higher degree of intent than negligent or merely accidental conduct."
Furthermore, the Court concluded that the second definition does not cover all negligent conduct (e.g., negligent operation of a vehicle), where the negligent conduct at issue did not involve a substantial risk that physical force might be used against another by virtue of committing the offense. The Court distinguished a DUI offense from burglary, which "involves a substantial risk that the burglar will use force against a victim in completing the crime."
- Mark Borden:
If you are arrested for breaking a criminal law, the case is taken before a magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge of the courts. During the arraignment the defendant is formally told what offense he is charged with, told their constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, bond may be reviewed, and a date for the next hearing will be scheduled.
Soquel
- Howard
Van Elgort:
I will meet with you in my office or by phone, without charge,
and with absolutely no obligation, to review your case. Here is a
partial listing of some of the questions and issues that we will
discuss: - What will happen to me in Court?
-
Should I plead guilty or not guilty?
- What will be my
punishment if I plead or am found guilty?
- Can I do anything
about the DMV license suspension?
- Should I request a DMV
hearing? Call me before requesting hearing! (See note
below).
- Do I need a lawyer?
- What are my options for
legal representation?
- Was the chemical test (blood, breath or
urine) accurate?
- What if I didn't take a chemical test?
- What was my true Blood Alcohol Concentration (BAC)?
- Did
the officer have probable cause to detain and/or arrest me?
-
Are there any defenses to my case?
- Did the law enforcement
officer follow the correct procedures?
- Were any of my rights
violated?
NOTE: DMV HEARING MUST BE REQUESTED
WITHIN 10 DAYS OF YOUR ARREST.
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