We have been experiencing a large volume of calls as a result of people arrested for DUI over the holiday period. Those people are now approaching their first court date and are now considering retaining counsel. The District Attorney's Office in Orange County is presently overwhelmed by the number of recent DUI arrests and it is becoming increasingly common for defendants or attorneys to attend court on the date given by the arresting agency for the arraignment only to find that there is no court case filed. This can be very confusing for un-represented defendants who have taken a day off work to attend court and who do not know what to do next.

The legal position is that the District Attorney does not have to file the case with the court by the due date on the citation. In misdemeanor cases, they have up to a year to file the case. It is important that a DUI Lawyer in Orange County facing this problem keep in contact with the prosecuting agency to make sure that he or she knows when the case is filed. Defendants who are unrepresented may ultimately find that an arrest warrant was issued at a later date if they fail to find out when the filing date is. Although the Court or DA should send a letter with the new court date to the defendant, this sometimes does not happen, or the letter is sent to the wrong address.

The problem is also common for Long Beach DUI lawyers practicing in Long Beach Superior Court where the Long Beach Police Department have been giving people an arraignment less than a month from the arrest date. This is not giving the City Prosecutor enough time to file the case. I had two arraignments in Long Beach this morning and neither case was filed.

Negotiating the politics and procedure of the court system requires that you retain an experienced DUI attorney who is able to guide you through problems such as this. 

Expungement (California Penal Code section 1203.4) is a process by which, following the succesful completion of court probation (satisfaction of all court-ordered responsibilities and penalties, and no new arrests or convictions), the Court will allow the Defendant to petition to withdraw a previously entered guilty plea, at which point that case can be dismissed in "the interests of justice" (Penal Code section 1385).

The expungement petition must be prepared and served on the court and prosecuting agency.  The processing of the petition may be accomplished through an internal review by the court, or at an in-person hearing requested and attended by the Defendant and/or his California drunk driving defense attorney. The administration of the request typically takes two months to decision. Presentation of the petition may be done by the completion of a standardized form, or by an individually tailored supporting papers justifying the DUI expungement.

Expungement will formally erase the DUI conviction from your employment record, but may still be discoverable by employers with access to "cached" or archived versions of California's criminal "rap sheets" (conviction records).  Expungement does not affect prosecutorial records, so a defendant's prior, although "expunged," conviction may still be a basis for enhancing penalties on subsequent, or repeated, offenses.

The granting of an expungement is not a "given" in the politically charged atmosphere of DUI prosecution and defense on Los Angeles and Orange County Courts.  Your best prospect of success in this regard is in the services of counsel dedicated to the unique practice of driving under the influence law.   

Expungement (California Penal Code section 1203.4) is a process by which, following the succesful completion of court probation (satisfaction of all court-ordered responsibilities and penalties, and no new arrests or convictions), the Court will allow the Defendant to petition to withdraw a previously entered guilty plea, at which point that case can be dismissed in "the interests of justice" (Penal Code section 1385).

The expungement petition must be prepared and served on the court and prosecuting agency.  The processing of the petition may be accomplished through an internal review by the court, or at an in-person hearing requested and attended by the Defendant and/or his California drunk driving defense attorney. The administration of the request typically takes two months to decision. Presentation of the petition may be done by the completion of a standardized form, or by an individually tailored supporting papers justifying the DUI expungement.

Expungement will formally erase the DUI conviction from your employment record, but may still be discoverable by employers with access to "cached" or archived versions of California's criminal "rap sheets" (conviction records).  Expungement does not affect prosecutorial records, so a defendant's prior, although "expunged," conviction may still be a basis for enhancing penalties on subsequent, or repeated, offenses.

The granting of an expungement is not a "given" in the politically charged atmosphere of DUI prosecution and defense on Los Angeles and Orange County Courts.  Your best prospect of success in this regard is in the services of counsel dedicated to the unique practice of driving under the influence law.   

Upon an arrest for DUI in California, the arresting officer is under a legal obligation to advise an arrestee of his or her obligation to submit to either a blood test or a breath test. The suspect has the choice of test but does not legally have the right to refuse a test.

If a suspect decides to decline a chemical test, the arresting officer should read the required chemical test admoniton which explains that a person must submit to a test without the right to consult with an attorney and that the consequences of a refusal could lead to a one to three year license suspension and the possiblity of jail time upon conviction for a DUI.

The law in California allows an arresting officer to use reasonable force to take a blood sample without a persons consent. In Los Angeles County, arresting agencies do not normally force a blood sample, but merely cite the suspect for DUI with a refusal enhancement based on the other evidence including the driving pattern, performance of field sobriety tests and objective symptoms of impairment. In the absence of a good explanation, the fact of the refusal can also be used as evidence against the defendant in Court. In Orange County, some arresting agencies, including Irvine and Newport Beach Police Departments, have a reputation of using force to take a blood sample in a refusal case.

If you have been arrested for a DUI in Orange County or Los Angeles and have refused to submit to a test, you are facing additional DMV and Court penalties and it becomes even more important that you consult with a DUI Attorney with experience in how to avoid a lengthy license suspension and jail time at Court.

I have been receiving feedback from new clients that they have contacted the DMV in Los Angeles following a DUI arrest and have been actively persuaded not to request a DMV hearing to challenge the suspension proceedings. The common complaint is that the representative of the driver safety office contacted asks the licensee why they are requesting a hearing, what the defense is and tries to persuade the licensee that there is no point to the hearing. This is entirely improper but happens so often that it appears that there is a policy of actively encouraging un-represented licensee's that they should not challenge the suspension.

Following an arrest for DUI, a person's privilege to drive will automatically be suspended by the DMV for the DUI unless that person requests a hearing within ten days of the date of arrest. At this point, the arrestee has not seen the police report, any documentation relating to breath or blood results and is often unaware of what defenses may be available. The DMV should not engage in any inquiry of the licensee but should simply grant the request for a hearing and stay the suspension pending the investigation of the case.

It is important to understand that there are different departments of the DMV. Following an arrest for DUI in Los Angeles, the Driver Safety Office in Commerce, El Segundo or Van Nuys should be contacted. In Orange County, the Irvine Driver Safety Office should be contacted. Sometimes, un-represented defendants contact their local DMV field office for a hearing. When this happens, the local office normally tells people to wait to see what happens in Court, and that there is nothing to be done until then. Local DMV clerks are simply not aware of the process at the Driver Safety Office and routinely give people bad advice leading to a lost opportunity to avoid a suspension.

If you have been arrested for a DUI, don't try to struggle with the DMV yourself, this may prejudice your rights and result in a lost opportunity to avoid a suspension. Contact a DMV defense attorney in Los Angeles or Orange County and have them take care of the process from the very beginning.

One of the most common questions asked of me as a Los Angeles DUI Defense Attorney is whether a case can be dismissed due to the failure of the arresting officer to give a "Miranda Warning". Most people are familiar with the need for the police to warn someone arrested for a criminal offense that anything they say may be used against them in evidence, that they are entitiled to a lawyer and to remain silent. We know this because we have seen cops on TV arresting the bad guys and informing them of their "rights".

Miranda v. Arizona is a 1966 case that says that a defendant's responses to police interrogation are not admissable against him unless he has been first advised of his right to counsel and his right against self incrimination, and waived them both. The courts have further held that these rights are applicable only to suspects who are in "custody" as a protection against police coercion. The test of whether a person is in custody is an objective test depending on the circumstances.

The problem in DUI cases is that a suspect is normally stopped for an infraction and then asked questions such as "have you been drinking" prior to an arrest. The courts have held that a person stopped for a traffic offense is "detained" but not in custody. For this reason, courts have routinely admitted statements made at the scene of a traffic stop despite the lack of "Miranda warnings" in a DUI case. In any event, the most important evidence in a DUI case is not normally the defendants own comments, but the field sobriety tests and the blood or breath test results. This evidence cannot be suppressed for failure to give Miranda warnings as it is not considered communication.

For the above reasons, Miranda warnings are not normally the issue in defending DUI charges in California. There are more important ways of defending these cases. Please consult with a DUI Defense Attorney in the area in which you were arrested for advise on the evidence in your case

One of the most difficult aspects of defending drunk driving cases is when to advise a client to take his or her DUI case to jury trial. Some DUI defense attorney's are happy and willing to advise every client to go to trial, without properly exploring the chances of winning. There are attorney's who are prepared to actively encourage trial whatever the evidence. This may be because of the attorney's "never plead guilty approach", or because the attorney has a personal agenda to try as many cases as possible for the "experience" or because the attorney wishes to obtain the increased fees for trial whenever possible. This is, ofcourse what some defendants want.

Attorney's Gold and Witham are experienced Los Angeles and Orange County DUI Trial Attorney's who are always prepared to try a case if that is the best option for the client. However, there are important considerations to make. Most importantly, there should be a plan for jury trial. Sometimes it is necessary to go to  jury trial on DUI charges without an obvious defense in order to test the evidence and to see if reasonable doubt can be established through thorough cross examination of the Prosecution witnesses. However, the chances of success are improved if there is a genuine issue with the evidence or a genuine defense. The bottom line is that your attorney should be able to advise you on a strategy and on the chances of success before taking the big step of going to trial.

You should also be aware that jury trial is not "free" in the sense that if you are convicted after trial, penalties can be more serious than any negotiated plea offer. Judges can sentence a defendant to jail after trial even on a first offense so long as the Judge does not explicity do this because of the defendant exercising his or her right to go to trial and "wasting" the courts time. Judges can normally justify whatever constitutional sentence they deem appropriate up to the maximum sentence allowed by law. Some judges have a reputation for being very tough on defendants who lose after jury trial.

Los Angeles DUI trial lawyers, Nigel Witham and Jeffrey Gold are professional trial attorneys who are very farmiliar with all defenses available to defendants charged with DUI and how to win at jury trial. However they also recognize that the decision to go to trial is one that should be considered carefully, with a good understanding of the chances of success and an acceptance of the risks associated with a potential loss. Jury trial is not for everyone. In fact most defendants would prefer to avoid it if possible in order to avoid the cost, time and risk associated with trial. At Gold and Witham, we understand your individual concerns and will help to guide you to the correct decision. We are usually able to avoid trial for those who do not want it by negotiating a beneficial plea bargain. Please call us at 562 938 7771 for a case evaluation.

I just got off the phone with a lawyer representing the victim of a DUI accident caused by my client. My client's recollection of events is poor and I do not have the arrest report yet. However, the police charged my client with a misdemeanor DUI with no injuries alleged. Unfortunately, based on my discussion with the personal injury lawyer representing the victim, I now need to advise my client that the case is likely to be filed as a felony DUI with injuries. The victim suffered a serious head trauma resulting in over $20,000 in medical treatment to date and the treatment is ongoing. My client was uninsured.

A first time DUI is normally filed as a misdemeanor. This is bad enough as it is a criminal offense that will stay on a persons record for at least ten years. However, if an accident occured, and as a result another person suffered personal injuries, the case can be filed as a felony. Felony DUI convictions can result in significant penalties including State prison. In addition, if a person has three or more prior convictions within ten years, the case can also be filed as a felony.

The District Attorney's Office is not bound by the charges in the police citation. Upon a review of the evidence, an attorney in the DA's office may file different and more serious charges with the Court prior to the arraignment date. This can be an unpleasant surprise for the unprepared defendant. If you have been involved in a traffic accident and have been charged with drunk driving, you need to consult with an experienced dui attorney immediately as time is of the essence in defending these cases.

If you have been arrested for a DUI in Orange County, and you have one or more prior convictions for DUI or alcohol related reckless driving within ten years, the Court penalties can include a significant amount of time in Orange County Jail. Jail time on a second offense varies from a minimum of 96 hours to a maximum of one year. However, it is typical for Prosecutors in Orange County Courts to want in excess of sixty days on a second offense.

Avoiding county jail on a second or third DUI in Orange County requires a lot of effort and negotiation. Alternatives to county jail can be considered, such as private residential treatment programs, private jail, or electronic home confinement. These options are not given freely or easily by a punitive court system. Prosecutors and Judges in Orange County Courts work in a conservative environment and want to be seen to be "tough" on DUI's. in order for the Court to consider alternatives to jail, good reasons have to be presented.

One option in some Orange County Courts is to request that your case be heard in "DUI Court". This involves being interviewed by a Probation Officer in order to be considered for a one year intensive course of counseling by Orange County Probation and Health Care Workers. The program is inflexible and very demanding but can be an effective option for people ready to commit to sobriety and counseling. The benefit of the program is that the Court would impose the mandatory minimum period of jail only, and would allow that this be done by way of electronic home confinement. On a second offense, this would be for 96 hours. On a third offense, this would be for 120 days.

If you are facing a prosecution for a DUI in Orange County, you need representation by an Orange County DUI Attorney who is able to guide you through the process of finding the best alternative to county jail time and who has the experience to convince the prosecutor or judge to treat you differently. Gold and Witham Attorneys at Law have many years of experience in Orange County Courts and have a succcessful track record of keeping their clients out of jail. Call them at 562 938 7771 for a free consultation.

California Vehicle Code Section 23572 mandates a sentence enhancement in drunk driving cases where it is proven that a person under the age of fourteen was a passenger in the car at the time of driving.  The Code Section requires a minimum of 48 hours in county jail if one child was in the vehicle at the time of the commission of the DUI. The period of jail time for this enhancement may be extended up to 90 days depending on the number of children in the car and whether the defendant has prior DUI convictions.

Prosecuting Agencies in Los Angeles and Orange County have a policy of charging a seperate Child Endangerment Charge under Penal Code Section 273(a). This can be filed as a misdemeanor or felony and can cary greater penalties than the underlying DUI charges. Relevant factors include whether there was an accident, the manner of driving, the age of the children and the blood or breath alcohol level of the defendant.

Some police agencies will also file a report with the Department of Justice under the Child Abuse and Neglect Reporting Act.

Gold and Witham Attorneys at Law have many years of experience in avoiding jail time for clients arrested for DUI with children in the vehicle. This situation demands that you hire a DUI Lawyer in Orange County or Los Angels who is farmiliar with the policies of the Court and the issues to be addressed in avoiding a Child Endangerment conviction.

We all speed occasionally whether we have been drinking or not. For this reason, speeding is not an indicator of impairment. On the contrary, slow speed is more an indicator of potential impairment, than excessive speed. However, speeding can result in greater penalties in circumstances where a driver is also impaired by alcohol or drugs. It is potentially dangerous to drive over the speed limit if your ability to react to driving conditions is slowed by alcohol.

California Vehicle Code Section 23582 adds a sixty day consecutive jail sentence to the usual drunk driving penalties where it is proved that the defndant drove recklessly and either drove 30mph over the limit on a freeway or 20mph over the speed limit on other highways.

If you are facing this allegation, you need to consult with a DUI Defense Lawyer with the knowledge of how to avoid the significant penalty attached to it. If DUI charges are dismissed or reduced, the enhancement becomes irrelevant. If there is no way to avoid a conviction for DUI, the Court needs to be convinced that the enhancement is unfounded or unfair.

The manner in which the arresting officer estimates speed is important. If a visual estimate is made, this is often unreliable. In addition, the Court must establish evidence of reckless driving independant of drunk driving and speeding.

DUI Defense Attorney's Gold and Witham have been successfull in avoiding the jail time associated with the "speed enhancement" on almost every occasion it has been charged against their clients. If you face this problem, call them at 562 938 7771 for a free consultation.

It is an offense in California to drive under the influence of drugs. Driving under the influence of illegal drugs can result in a DUI Prosecution as well as additional charges of possession of drugs or being under the influence of drugs pursuant to the Health and Safety Code. However, driving while impaired through medication can also result in a DUI charge. The presence of a prescription for the medication is no defence. Likewise, a doctor's opinion about the patients ability to drive safely on the medication in question, is no automatic defense. Police Officer's. Prosecutor's, Judges and most importantly, Juror's, may not agree with the doctor's opinion.

Common medication may result in impairment, including Vicodin or other pain medication, anti depressants and anti anxiety medication.

In defending DUI cases based on drugs, it is important to obtatin a portion of the blood or urine sample for analysis by a toxicologist. The State often merely tests the sample for presence of drugs only and Prosecutors rely on a positive test. Toxicologists retained by the defence may test the sample for amount of drugs in an effort to convince the Court that there is a low amount of medication present, inconsistent with impairment.

With DUI charges based on alcohol, the legal threshold is .08%. It is presumed that a person is impaired at or above this level. However, with drugs, there is no magic number and everyone's tolerance to drugs is different. Impairment or lack thereof is subject to opinion and the evidence must be looked at closely by a DUI attorney supported by a toxicologist.

If you have been charged with a DUI in Los Angeles or Orange County and the allegation is based on drugs or medication, consult with experienced DUI Lawyers, Gold and Witham. Jeffrey Gold and Nigel Witham have many years of experience defending drug related DUI's and associated Health and Safety Code charges and are supported by an experienced toxicologist, Henry S. Greenberg. 

A primary concern of anyone arrested for a DUI in Los Angeles is the status of their privilege to drive and the need to drive for work. Most people need to drive at least to and from work as public transportation in Los Angeles is limited at best. For some people, driving is an essential part of their job and a loss of driving privileges would result in loss of employment. It is important to contact a DUI Attorney immediately after arrest for drunk driving in Los Angeles so that contact with the DMV can be made to schedule a DMV Hearing. If the hearing is won, the DMV will set aside the suspension and driving privileges are restored in full. However, if the DMV Hearing is lost the next step is to secure a restricted license as soon as possible.

On a first offense, the period of DMV suspension in Los Angeles is four months. However, upon taking the correct steps, it is possible to obtain a restricted license after a mandatory thirty day suspension period. The period of restriction is then five months. In order to apply for a retricted license, it is necessary to enroll in an alcohol education program for a period of three months and file proof of insurance on an SR22 form. The DMV requires your insurance company to file this direct with the head office in Sacramento. Likewise, the alcohol program will, upon request, file proof of enrollment with the DMV direct. There is also a small reinstatement fee to pay before the DMV will issue a restricted license.

A restricted license allows driving to and from work, any work related driving and to and from the alcohol program.

A restricted license is not available to a person who has been suspended for a full year for refusing to take a chemical test.

For second or third time DUI Offenders, restricted license privileges are available but only after a full year of license suspension and different conditions apply.

If you have any questions about your eligibility for a restricted license, please call Los Angeles DUI and DMV defense lawyers, Gold and Witham.

If you are under the age of twenty one and you have been detained for drinking alcohol and driving or arrested for DUI, you need to be aware of different rules and penalties that apply to you.

The DMV has a zero tolerance policy for people under the age of twenty one who have been stopped by the police with alcohol in their system. If you have any measurable amount of alcohol in your system you are facing a one year license suspension. The police can measure your breath alcohol level using a hand held breath machine at the point of the traffic stop. If the machine reads .01% or above, the police will report the matter to the DMV. You are then given ten days to contact the DMV to request a DMV Hearing in an effort to avoid a license suspension. It is important for you to know that despite the zero tolerance law, a suspension can still be avoided by winning the DMV hearing. The DMV still must establish evidence of probable cause and also bear the burden of establishing the accuracy of the breath test results.

As far as the Court case is concerned, it is an infraction to drive a vehicle with a .05% or higher breath or blood alcohol level if you are under twenty one. Because this is an infraction no jail time can be imposed. However, penalties can include fines and alcohol education programs including a program for young offenders requiring a hospital and morgue visit.

However, for criminal proceedings, the same rules apply for those under the age of twenty one in that DUI charges are only appropriate with evidence of impairment or a breath or blood alcohol level of over .08%.

A conviction for any alcohol related offense will also result in a one year license suspension for those under twenty one. It is possible to apply to the DMV for a Critical Need License, allowing work or school related driving, but the DMV does not grant Critical Need License privileges easily or often. The process to apply is a documentary one and requires legal help and advice.

If you are under twenty one and you have been detained for drinking and driving in Los Angeles or Orange County, please contact expert DUI Defense Attorneys, Gold and Witham for professional advice and representation.