| March 17, 2010 |
| Prior DUI Convictions and Jury Trial |
| Posted By Gold & Witham |
 |
| In defending a DUI with prior convictions at jury trial , defense counsel must make a timely motion to bifurcate the issue of whether the defendant has prior DUI convictions. This means that reference to the prior conviction or convictions should be ... |
|
| Continue reading "Prior DUI Convictions and Jury Trial" » |
|
Permalink  |
| |
| March 08, 2010 |
| Beating a DUI with a Refusal Allegation. |
| Posted By Gold & Witham |
|
| The law in California requires that a person lawfully arrested for a DUI submits to a chemical test to determine their breath or blood alcohol level. A refusal to submit to a test may result in a forced blood test or greater penlaties in court and a ... |
|
| Continue reading "Beating a DUI with a Refusal Allegation." » |
|
| Permalink |
| |
| March 03, 2010 |
| Early release from Jail for Felony DUI. |
| Posted By Gold & Witham |
|
| I was stunned yesterday when I received a call from a client who had just been released from a six month county jail sentence. The reason for my surprise was that she had surrendered for her sentence the previous day. The six month jail sentence was ... |
|
| Continue reading "Early release from Jail for Felony DUI." » |
|
| Permalink |
| |
| March 03, 2010 |
| County Jail for Felony DUI |
| Posted By Gold & Witham |
|
| I was stunned yesterday when I received a call from a client who had just been released from a six month county jail sentence. The reason for my surprise was that she had surrendered for her sentence the previous day. The six month jail sentence was ... |
|
| Continue reading "County Jail for Felony DUI" » |
|
| Permalink |
| |
| March 02, 2010 |
| DUI versus Criminal Defense Lawyers |
| Posted By Gold & Witham |
|
| Most people arrested for a DUI do not know a DUI defense lawyer and therefore have to find one. Some people consult with their "family attorney" who then refers them to a specialist DUI lawyer . Others will respond to mail solicitations recieved from ... |
|
| Continue reading "DUI versus Criminal Defense Lawyers" » |
|
| Permalink |
| |
| February 09, 2010 |
| Winning the DMV Hearing |
| Posted By Gold & Witham |
|
| Avoiding a license suspension following an arrest for DUI is often the main priority for a client. Winning the DMV hearing is also the most difficult aspect of defending a drunk driving case . I always tell prospective clients that the odds of ... |
|
| Continue reading "Winning the DMV Hearing" » |
|
| Permalink |
| |
| February 04, 2010 |
| Restricted License on Second Offense DUI |
| Posted By Gold & Witham |
|
| The California Legislature has passed a law that would appear to make defendants convicted of a second DUI eligible for a restricted license earlier. The new law comes into effect on July 1, 2010. Under the current law, a defendant convicted of a ... |
|
| Continue reading "Restricted License on Second Offense DUI" » |
|
| Permalink |
| |
| January 29, 2010 |
| Dismissal of charges in Long Beach. |
| Posted By Gold & Witham |
|
| I have been representing a client arrested by the Long Beach police department back on January 17th 2009. On that day, my client lost control of his vehicle and collided with a parked car causing substantial damage. The police report indicated that ... |
|
| Continue reading "Dismissal of charges in Long Beach." » |
|
| Permalink |
| |
| January 22, 2010 |
| Ignition Interlock Device for first time DUI Offenders in Los Angeles. |
| Posted By Gold & Witham |
|
| As a result of Assembly Bill 91, defendants convicted of DUI in Los Angeles County will be required to show proof of installation in their vehicle of an ignition interlock device. This Bill becomes effective July 1st, 2010. For first offenders, the ... |
|
| Continue reading "Ignition Interlock Device for first time DUI Offenders in Los Angeles." » |
|
| Permalink |
| |
| January 07, 2010 |
| Definition of "Vehicle" in DUI Cases |
| Posted By Gold & Witham |
|
| California Vehicle Code Section 23152(a) and (b) make it a criminal offense to drive a "vehicle" while under the influence of alcohol or drugs or with a blood or breath alcohol level of .08% or more. This begs the question; what is a "vehicle"? In ... |
|
| Continue reading "Definition of "Vehicle" in DUI Cases" » |
|
| Permalink |
| |
| January 05, 2010 |
| Sobriety Checkpoints and DUI Defense |
| Posted By Gold & Witham |
|
| The probability of being stopped at a sobriety checkpoint in California is going to increase in 2010. According to The Office of Traffic Safety, eight million dollars has been allocated for law enforcement activities that deter driving under the ... |
|
| Continue reading "Sobriety Checkpoints and DUI Defense" » |
|
| Permalink |
| |
| December 29, 2009 |
| Holiday DUI Arrests |
| Posted By Gold & Witham |
|
| According to media reports, holiday DUI arrests in Los Angeles County were up this year from the same period last year despite the fact that courts are increasingly handing out tougher sentences for DUI convictions . More than 1,000 people were ... |
|
| Continue reading "Holiday DUI Arrests" » |
|
| Permalink |
| |
| December 21, 2009 |
| Diabetes and DUI Defense |
| Posted By Gold & Witham |
|
| Breath and blood alcohol analysis in DUI proceedings is based on various assumptions including an assumption that the defendant is an average person with an average physiology. Likewise, when a police officer is assessing a persons sobriety in the ... |
|
| Continue reading "Diabetes and DUI Defense" » |
|
| Permalink |
| |
| December 15, 2009 |
| Tough DUI Penalties in Harbor Justice Center |
| Posted By Gold & Witham |
|
| Defending DUI charges is difficult at the best of times, but can be very frustrating when options narrow and you are dealing with a District Attorneys Office in Orange County that is very inflexible and Judges who simply support DA policy. I was in ... |
|
| Continue reading "Tough DUI Penalties in Harbor Justice Center" » |
|
| Permalink |
| |
| December 10, 2009 |
| Point of Arrest Breath Tests in Orange County |
| Posted By Gold & Witham |
|
| DUI defense attorneys in Los Angeles County generally advise their clients that they may legally refuse to submit to a pre-arrest breath test or preliminary alcohol screening device. This is generally good advice as the hand held breath machine is ... |
|
| Continue reading "Point of Arrest Breath Tests in Orange County" » |
|
| Permalink |
| |
| December 02, 2009 |
| Beverly Hills DUI |
| Posted By Gold & Witham |
|
| I was in Beverly Hills Court last week for a client charged with a first time DUI with borderline evidence and a breath alcohol level of .09%. my client did not want to go to trial and just wanted to resolve the case in the best manner possible. I ... |
|
| Continue reading "Beverly Hills DUI" » |
|
| Permalink |
| |
| December 01, 2009 |
| Tweeting ends work furlough for fatal drunk driving accident. |
| Posted By Gold & Witham |
|
| According to a report in the Los Angeles Times today, "Pulp Fiction" Screenwriter Roger Avary will probably serve the rest of his sentence behind bars as a result of tweeting while subject to a work furlough program. Avery was given a one year jail ... |
|
| Continue reading "Tweeting ends work furlough for fatal drunk driving accident." » |
|
| Permalink |
| |
| November 25, 2009 |
| Home Arrest or Electronic Home Confinement |
| Posted By Gold & Witham |
|
| Many defendants arrested for DUI in Los Angeles or Orange County face the prospect of serving a lengthy county jail sentence. County jail is always a consideration for defendants with prior DUI convictions but may also be a concern for first ... |
|
| Continue reading "Home Arrest or Electronic Home Confinement" » |
|
| Permalink |
| |
| November 19, 2009 |
| Preliminary Alcohol Screening Device/PAS Test. |
| Posted By Gold & Witham |
|
| Prior to an arrest for DUI, a suspect may be "offered" a preliminary alcohol screening device test, or PAS test. This is a breath test performed on a portable, hand held device. It is intended to be a field sobriety test and not an evidential test. ... |
|
| Continue reading "Preliminary Alcohol Screening Device/PAS Test." » |
|
| Permalink |
| |
| November 17, 2009 |
| DUI Auto Accidents. |
| Posted By Gold & Witham |
|
| The majority of DUI arrests do not arise out of an auto accident, but when an auto accident leads to an arrest for DUI, a number of additional issues arise. The first and most pressing issue is whether anyone suffered from personal injuries. If ... |
|
| Continue reading "DUI Auto Accidents." » |
|
| Permalink |
| |
| November 09, 2009 |
| Pilots and DUI |
| Posted By Gold & Witham |
|
| According to an article in the latest issue of the Federal Air Surgeon's Medical Bulletin, the FAA has tightened up its rules relating to pilots convicted of a first time DUI. In the past, pilots convicted of a first offense often escaped the ... |
|
| Continue reading "Pilots and DUI" » |
|
| Permalink |
| |
| October 29, 2009 |
| Do I need an SR22? |
| Posted By Gold & Witham |
|
| An SR22 is a form sent to the DMV head office in Sacramento by your insurance company. The form acts as proof of insurance. It is required in the event of a suspension as a result of a DUI conviction, or as a result of a DMV suspension following a ... |
|
| Continue reading "Do I need an SR22?" » |
|
| Permalink |
| |
| October 22, 2009 |
| Caller's Tips and DUI Stops |
| Posted By Gold & Witham |
|
| There have been a number of public campaigns by police agencies in California encouraging people to report drunk drivers. On tuesday this week, the Supreme Court let stand a decision in a Virginia case to throw out a drunk driving conviction based on ... |
|
| Continue reading "Caller's Tips and DUI Stops" » |
|
| Permalink |
| |
| October 20, 2009 |
| DUI Refusal Case Dismissed |
| Posted By Gold & Witham |
|
| Sometimes it pays to refuse to submit to a chemical test. My DUI case in West Covina Court this morning was dismissed by the prosecutor based on a lack of evidence of impairment. Ofcourse, the law in California is that a suspect lawfully arrested for ... |
|
| Continue reading "DUI Refusal Case Dismissed" » |
|
| Permalink |
| |
| October 15, 2009 |
| Out of State License |
| Posted By Gold & Witham |
|
| I have been consulted by a number of clients recently who have been arrested for a DUI while driving on an out of state license. Some have misunderstood their obligations in relation to the DMV in California and mistakenly believed that as they did ... |
|
| Continue reading "Out of State License" » |
|
| Permalink |
| |
| October 13, 2009 |
| Preliminary Breath Test Devices |
| Posted By Gold & Witham |
|
| It is common for a DUI suspect to be asked to blow into a portable, hand held breath machine before they are arrested for a DUI. The police should advise a suspect that this device is not mandatory and even if a person voluntarily blows into it, they ... |
|
| Continue reading "Preliminary Breath Test Devices" » |
|
| Permalink |
| |
| October 09, 2009 |
| Felony DUI |
| Posted By Gold & Witham |
|
| I spent most of last weekend dealing with the immediate rammifacations of a client being arrested for a felony DUI in Los Angeles following a serious traffic accident leading to injury to her passenger. My client was being held on $100,000 bail after ... |
|
| Continue reading "Felony DUI" » |
|
| Permalink |
| |
| October 02, 2009 |
| DUI in Metropolitan Court |
| Posted By Los Angeles DUI Attorneys |
|
| Yesterday I posted a blog complaining about the lack of discretion given to young deputy district attorneys in Los Angeles, when dealing with DUI cases. The situation is entirely different in downtown Los Angeles. In Metropolitan Court on South Hill ... |
|
| Continue reading "DUI in Metropolitan Court" » |
|
| Permalink |
| |
| October 01, 2009 |
| DUI Cases in Beverly Hills |
| Posted By Los Angeles DUI Attorneys |
|
| One of the most frustrating aspects of being a DUI lawyer in Los Angeles is that the Los Angeles District Attorneys Office often put young inexperienced prosecutors in control of misdemeanor drunk driving cases. DUI defense can involve technical and ... |
|
| Continue reading "DUI Cases in Beverly Hills" » |
|
| Permalink |
| |
| September 30, 2009 |
| DMV Appeals |
| Posted By Los Angeles DUI Attorneys |
|
| In order to try and avoid a suspension of driving privileges following a DUI arrest , it is necessary to contact the Driver Safety Office of the DMV within ten days to request a DMV Hearing. The hearing provides an opportunity to convince a DMV ... |
|
| Continue reading "DMV Appeals" » |
|
| Permalink |
| |
| September 17, 2009 |
| DUI with Injury |
| Posted By Los Angeles DUI Attorneys |
|
| California Vehicle Code section 23153 provides prohibition and punishment for misdemeanor and felony cases of drunk driving/ driving under the influence resulting in bodily injury to another. Misdemeanors threaten up to one year county jail; ... |
|
| Continue reading "DUI with Injury" » |
|
| Permalink |
| |
| September 17, 2009 |
| DNA Samples in Orange County |
| Posted By Gold & Witham |
|
| There was an article in the Los Angeles Times today concerning the controversy surrounding the Orange County District Attorney's Office policy of offering to dismiss criminal charges in minor misdemeanor cases in return for a defendant submitting to ... |
|
| Continue reading "DNA Samples in Orange County" » |
|
| Permalink |
| |
| September 14, 2009 |
| Food, Alcohol and Impairment Levels |
| Posted By Los Angeles DUI Attorneys |
|
| When I am consulted for the first time by a potential client charged with drunk driving, the potential impact of having an empty stomach on impairment levels is often raised. The concern is that a persons level of impairment may have been elevated ... |
|
| Continue reading "Food, Alcohol and Impairment Levels" » |
|
| Permalink |
| |
| September 11, 2009 |
| Sobriety Checkpoints and DUI |
| Posted By Los Angeles DUI Attorneys |
|
| Sobriety checkpoints or DUI roadblocks are increasingly being favored by law enforcement agencies as a tool in arresting drunk drivers in Los Angeles and Orange Counties. The courts have held that checkpoints are lawful so long as they follow ... |
|
| Continue reading "Sobriety Checkpoints and DUI" » |
|
| Permalink |
| |
| September 04, 2009 |
| Refusal following an Accident |
| Posted By Los Angeles DUI Attorneys |
|
| I was at the El Segundo driver safety office this week with a client who had been involved in a serious accident. She had suffered serious personal injuries including a head injury which resulted in a six week stay in hospital. The accident was her ... |
|
| Continue reading "Refusal following an Accident" » |
|
| Permalink |
| |
| September 03, 2009 |
| DUI Refusal Cases |
| Posted By Los Angeles DUI Attorneys |
|
| Anyone driving in California is deemed to have given consent to a blood or breath test following a lawful arrest for DUI. This is called "implied consent". If a DUI suspect refuses to submit to a chemical test, the arresting officer should read to ... |
|
| Continue reading "DUI Refusal Cases" » |
|
| Permalink |
| |
| August 31, 2009 |
| Van Nuys DUI Defense |
| Posted By Los Angeles DUI Attorneys |
|
| Many people charged with a DUI in Los Angeles expect that obtaining a copy of the police report and results of any blood or breath test is a simple and quick matter. This is not the case. There are rules of evidence that the police agency, the court ... |
|
| Continue reading "Van Nuys DUI Defense" » |
|
| Permalink |
| |
| August 26, 2009 |
| What happens if I drive while suspended? |
| Posted By Los Angeles DUI Attorneys |
|
| For anyone arrested for a DUI in Los Angeles County, the prospect of losing the ability to drive for any period of time is likely to cause some level of stress, anxiety and disbelief. The normal response normally involves something like this; "How I ... |
|
| Continue reading "What happens if I drive while suspended?" » |
|
| Permalink |
| |
| August 20, 2009 |
| Westminster Councilman facing Drunk Driving charges. |
| Posted By Gold & Witham |
|
| Westminster Councilman Andy Quach is fighting for his political career following his arrest for DUI in Westminster, Orange County this month. Some have called for Quach to step down. Quach has publicly apologized for the incident which involved an ... |
|
| Continue reading "Westminster Councilman facing Drunk Driving charges." » |
|
| Permalink |
| |
| August 14, 2009 |
| Federal Inquiry, Orange County Jail |
| Posted By Gold & Witham |
|
| The U.S Department of Justice is conducting an investigation into allegations of abuses in Orange County Jail. The allegations include an account of an inmate who was killed by fellow prisoners after a deputy falsely told them that the man was a ... |
|
| Continue reading "Federal Inquiry, Orange County Jail" » |
|
| Permalink |
| |
| August 13, 2009 |
| California DUI Arrest for Out of State Resident |
| Posted By Los Angeles DUI Attorneys |
|
| Visitors to California who are arrested for DUI in this state cannot afford to ignore the matter and simply go home. Ofcourse, if the court date is missed, a warrant will be issued for the defendants arrest. Some take the view, "So what? I'm not ... |
|
| Continue reading "California DUI Arrest for Out of State Resident" » |
|
| Permalink |
| |
| August 13, 2009 |
| How "departmental" is the Department of Motor Vehicles? |
| Posted By Los Angeles DUI Attorneys |
|
| Although the "mission statement" of the California DMV professes an aspiration to do "justice" to the needs of, and administrative actions against, California's licensed drivers, in fact, the Department is above all a political organization. ... |
|
| Continue reading "How "departmental" is the Department of Motor Vehicles?" » |
|
| Permalink |
| |
| August 12, 2009 |
| THE DUI Rumor Mill |
| Posted By Gold & Witham |
|
| At an arraignment today at the Fullerton Superior Court , I spoke with an attorney who worriedly announced, "I heard through the grapevine, Orange County is going to be consolidating all arraignments into one new court to be located at the Santa Ana ... |
|
| Continue reading "THE DUI Rumor Mill" » |
|
| Permalink |
| |
| August 12, 2009 |
| DUI Accidents-Whose Fault is it Anyway? |
| Posted By Los Angeles DUI Attorneys |
|
| When a person is involved in a traffic accident and the police smell alcohol on their breath, judgements are made and the police often jump to the conclusion that the accident was caused by the person to be prosecuted for DUI. This is not always the ... |
|
| Continue reading "DUI Accidents-Whose Fault is it Anyway?" » |
|
| Permalink |
| |
| August 05, 2009 |
| What is the "real" field sobriety test? |
| Posted By Los Angeles DUI Attorneys |
|
| Field sobriety tests ("FST's) are typically physical and mental performance tests administered by an officer investigating DUI cases in order to lay the foundation ("probable cause") for an arrest. Officially, your succesful completion of these ... |
|
| Continue reading "What is the "real" field sobriety test?" » |
|
| Permalink |
| |
| August 04, 2009 |
| Felony DUI, Penalties. |
| Posted By Los Angeles DUI Attorneys |
|
| A DUI becomes a felony if a defendant has three or more prior DUI convictions in ten years or the incident leading to the arrest involved a traffic accident that led to significant personal injuries to another party. In these circumstances, a ... |
|
| Continue reading "Felony DUI, Penalties." » |
|
| Permalink |
| |
| August 04, 2009 |
| What is a DUI enhancement? |
| Posted By Los Angeles DUI Attorneys |
|
| A DUI "sentencing enhancement" is an allegation of legal or factual factors part of a dui case that threatens greater punishment to the defendant because of the greater threat to law and safety posed by those factors. The classic "legal" enhancement ... |
|
| Continue reading "What is a DUI enhancement?" » |
|
| Permalink |
| |
| August 03, 2009 |
| The Best DUI Lawyers in Los Angeles |
| Posted By Los Angeles DUI Attorneys |
|
| What does that mean, "the best DUI lawyers in Los Angeles "? They "win" every case? Well, statistically, most DUI cases do not go to trial, but are in fact settled through a negotiated plea, so "winning" is a misleadingly rare concern. They "kick ... |
|
| Continue reading "The Best DUI Lawyers in Los Angeles" » |
|
| Permalink |
| |
| July 31, 2009 |
| One Year DMV Suspension for Commercial License Holders |
| Posted By Los Angeles DUI Attorneys |
|
| For Commercial License holders, the stakes are high following a DUI arrest. Upon conviction for a DUI, the DMV will suspend commercial license privileges for a full year whether or not the DUI was committed in a commercial vehicle. Prior to ... |
|
| Continue reading "One Year DMV Suspension for Commercial License Holders" » |
|
| Permalink |
| |
| July 30, 2009 |
| Safe Harbor in Newport Beach? (Your Orange County DUI) |
| Posted By Gold & Witham |
|
| There are no "safe harbors" -- easygoing jurisdictions -- when it comes to DUI prosecutions in Orange County. Mothers Against Drunk Driving started in Orange County, and the lobby assesses there are thousands of arrests, injuries and deaths here ... |
|
| Continue reading "Safe Harbor in Newport Beach? (Your Orange County DUI)" » |
|
| Permalink |
| |