Recent Blog Posts in October 2009 |
| October 29, 2009 |
| Do I need an SR22? |
| Posted By Gold & Witham |
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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 DMV hearing loss.
If you have been suspended by the DMV as a result of a DUI, the DMV will not re-instate your privilege to drive unless you file an SR22. This form is normally sent to the DMV by your insurance company and must be maintained on file for a period of three years. If you change insurance companies, it is necessary to make sure that the new insurance company picks up the SR22 filing.
Your insurance premiums will inevitably be increased as a result of a suspension and an SR22 filing. The only way to avoid this requirement is to both avoid a DUI conviction and to win the DMV hearing thereby avoiding a suspension. If the DUI is reduced to a reckless driving and the DMV hearing is won, a suspension and therefore an SR22 is avoided.
If you have any questions about the DMV or how to avoid an SR22, please call Los Angeles and Orange County DMV lawyer, Nigel Witham at 562 938 7771. |
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| October 22, 2009 |
| Caller's Tips and DUI Stops |
| Posted By Gold & Witham |
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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 a tip by a member of the public. In that case, a Virginia police officer pulled over a motorist based solely on the tip and did not observe any traffic violation. The courts in Virginia decided that this was an unreasonable search and seizure and dismissed the DUI case. The U.S Supreme Court declined to overturn the decision, although it did not rule that other States should follow the decision. There was a strong dissent by Chief Justice Roberts who felt that it gave drunk drivers "one free swerve" before they can be pulled over by police.
The law in California allows an officer to pull over a motorist based on a tip from a member of the public without the officer observing any bad driving. However, the decision in Virginia and the refusal of the Supreme Court to overturn the decision will likely result in further attempts in this State to challenge stops based on caller's tips.
The Supreme Court case was backed by Mothers Against Drunk Driving who claimed in the brief that 12,000 Americans died every year in alcohol related crashes. Justice Roberts was joined in the dissent by Justice Antonin Scalia.
If you have any questions concerning DUI defense in California, please call Los Angeles and Orange County DUI Lawyers, Nigel Witham and Jeffrey Gold for a free consultation. |
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| October 20, 2009 |
| DUI Refusal Case Dismissed |
| Posted By Gold & Witham |
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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 a DUI impliedly consents to a breath or blood test and has no right of refusal. The stakes are higher in refusal cases as the DMV suspension for DUI is much longer and the Court will impose greater penalties including some jail time in the event of a conviction. It is therefore, generally better to cooperate and submit to a test than refuse. In some jurisdictions, particularly in Orange County, arresting agencies take a blood sample by force in the event of a refusal. The law allows reasonable force in the taking of a blood sample without consent.
In my case, my client performed well on field sobriety tests, and the evidence of impairment was weak. My client refused because he had been given inaccurate advice from another attorney in the past that this is what he should do in the event of an arrest. I believe that had my client consented to a test, based on his drinking pattern, he would have been under the legal limit and may not have been charged in the first place. However, it is still not easy to obtain dismissals as prosecutors are always open to criticism for being lenient. It is much easier for a prosecutor to be tough and insist on DUI penalties in refusal cases.
I stilll have the problem of dealing with my clients DMV case. The lack of evidence of impairment will not help there as it is not an issue that the DMV has to prove in a refusal case. The only argument I have relates to the legality of the arrest based on the good performance of field sobriety tests, although the police do not need much to justify an initial arrest. My client will probably end up with a one year license suspension even though he will not have a DUI on his record. |
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| October 15, 2009 |
| Out of State License |
| Posted By Gold & Witham |
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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 not have a California license, they did not need to schedule a DMV hearing to avoid a DUI suspension.
It is important to understand that when arrested for a DUI in California, the suspects privilege to drive in California is at stake, even if that person has an out of state license. You can't drive lawfully in California on an out of state license, if your privilege to drive here is suspended. For this reason, it is important that the Driver Safety Office of the DMV be contacted within ten days of the arrest to request a stay of suspension and a DMV hearing to try and avoid the suspension for DUI.
The other issue of note is that many people come to California to work and assume that they can continue driving on their out of state license indefinitely. However, California law requires that anybody coming to California to live must apply for a California license within ten days of becoming a resident here. Ofcourse, if a persons permanent residence is in another state and that person is living and working in California temporarily, then there is no obligation to obtain a California license.
Courts often increase penalties for a DUI conviction if a defendant is driving without a California license. The path of least resistance is often to apply for and obtain a California license retroactively. Most judges would then dismiss the driving without a license charge.
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| October 13, 2009 |
| Preliminary Breath Test Devices |
| Posted By Gold & Witham |
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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 are still required to submit to an additional breath test or blood test after they have been arrested for DUI. However, in my experience, the police rarely tell people that the preliminary breath machine is voluntary, and simply say "Blow into this". If a suspect refuses, they are then treated as being uncooperative and are arrested anyway.
The preliminary alcohol screening device or PAS test is a hand held breath machine used by police agencies as a field sobriety test. The intention is that it is a tool to determine whether to arrest someone for DUI or let them go. However, the reading on the device is normally considered admissable in court and can be very damaging, particularly if the reading is higher than any breath test or blood test taken after arrest.
It is normally advisable to decline to blow into the PAS device, and insist on a chemical test at the police station.
In Orange County DUI cases, the police may also use a hand held breath machine as a chemical test after a lawful arrest. It is common there for a suspect to blow into the device before and after arrest. Ofcourse, following an arrest a suspect may insist on a blood test instead.
The results of a PAS test can sometimes help in defending a DUI case. If the readings on the device are lower than a subsequent chemical test, this evidence can be relied on to show that a defendants blood alcohol level was rising from the point of driving to the eventual chemical test, so that a defendant may have been under the legal limit at the time of driving.
If you have any questions about the above, please call Los Angeles DUI defense lawyer, Nigel Witham for a free consultation. |
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| October 09, 2009 |
| Felony DUI |
| Posted By Gold & Witham |
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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 she had crashed into a wall causing injury to her passenger. It turned out that the passenger had a perforated intestine requiring surgery and the removal of thirty inches of lower intestine.
For clients with no prior criminal history and otherwise leading a productive law abiding life, being in custody for a felony DUI in Los Angeles and facing the possibility of a State Prison sentence, will cause shock, disbelief and all sorts of other negative emotions. Parents and family members cannot believe it is happening, and emotions can range from denial to anger and the desire to attribute blame elsewhere. Eventually, it becomes a matter of accepting that the event has occured, realising that some life changes have to occur and then doing everything necessary to mitigate the damage and make things better.
Cost is always a factor as most good felony DUI lawyers will charge anywhere from $10,000 to $25,000 for a serious felony DUI. The cost of bail is also something that needs to be addressed. Sometimes, tough decisions need to be made. Rather than posting bail immediately, it is often better to wait a couple of days for the defendant to be produced in custody as the judge can then vary the amount of the bail downwards. In the above case, bail was reduced by the judge from $100,000 to $40,000 thereby saving the client approximately $6,000 in bond fees.
Ofcourse, the fees and costs will ultimately be forgotten, but the results of the case will not be. An arrest for a serious felony DUI is a potentially life changing event that demands only the best legal representation. Gold and Witham Attorneys at Law have many years of experience successfully representing clients charged with felony DUI in Orange County and Los Angeles Courts. |
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| October 02, 2009 |
| DUI in Metropolitan Court |
| Posted By Los Angeles DUI Attorneys |
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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 Street in Los Angeles, misdemeanor drunk driving cases are prosecuted by the Los Angeles City Prosecutors Office. It is our experience that the lawyers working in this office are experienced, intelligent and have real discretion to make tough decisions in plea bargain negotiations. Much more can be achieved on behalf of clients charged in this jurisdicton. This is not to say that it is easy to get charges reduced, but you can at least be assured of fair and balanced decision making.
This morning I was able to get DUI charges dismissed for a client in return for a plea to an "exhibition of speed" with a penalty of two years informal probation and a fine of $240. The breath alcohol readings were .10 and .11. However the results on the PAS test were .09 and .09. The prosecutor accepted that it was possible that the defendant could have been below .08 at the time of driving.
If you have been charged with a DUI in Los Angeles, you should be aware that policies and penalties vary from court to court. Los Angeles DUI lawyers, Jeffrey Gold and Nigel Witham have many years of experience representing clients charged with DUI in Los Angeles and are familiar with the politics of defending DUI charges from court to court. You may call them for a free case evaluation at 562 938 7771.
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| October 01, 2009 |
| DUI Cases in Beverly Hills |
| Posted By Los Angeles DUI Attorneys |
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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 scientific issues which even experienced attorneys have difficulty understanding. Young deputy prosecutors, "cutting their teeth" on DUI cases are often out of their depth. This can work to our advantage if the case goes to trial, but most clients would rather avoid the cost of trial if possible. The frustration comes in trying to convince prosecutors to dismiss or reduce charges where there is a valid issue in the case. Some young prosecutors are scared to do this or just don't have the discretion to consider it.
I was recently in court on a first time DUI case in Beverly Hills. The client has a .08% breath test reading and a valid rising blood alcohol defense, based on a recent drinking pattern. The young and nervous deputy prosecutor in court seemed not to understand basic issues and refused to even consider a reduction to a wet reckless. This is a case that is now heading for trial even though the client is young and has limited funds available to pay for it. The clients willingness to compromise by pleading guilty to an alcohol related reckless driving is very reasonable and I would argue that it is a waste of time and resources to try a case like this.
Politics plays a big role in these things ofcourse and there is a lot of pressure on prosecutors to be tough on DUI cases. The problem I have is that young prosecutors should be given proper guidance in treating each case on its merits and listening to genuine arguments, rather than being told to say "No" and not think for themselves. They are qualified lawyers afterall, and should be free to exercise proper judgement for themselves. |
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