how a criminla attorney will help me win my dui case

Quite possibly, a lawyer may be able to achieve the following should we take your case: Reduce or eliminate the jail time you receive if convicted. Prevent you from losing your driving privileges. Reduce the charge against you so that your criminal record will not include a DUI conviction, which would otherwise be permanently on your record.

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How to choose the best criminal lawyer for You?

How a DUI Lawyer Can Protect Your Future: Defending yourself against a DUI charge without the legal guidance of a lawyer may save you in lawyer’s fees, but without years of experience dealing with the criminal justice system, you will likely receive a hefty fine. Depending on the details of your case and whether this is your first DUI charge, your fines could surpass $10,000.

How can a criminal lawyer help you defend yourself?

It is the policy of the Orange County District Attorney’s Office, which prosecutes Orange County DUI cases in all cities in Orange County, that they be tough on DUI cases. Even reducing cases from a DUI to a traffic infraction, like a speeding ticket, which is common with the Los Angeles City Attorney, as an offer for Los Angeles DUI cases, or reduction to a Wet Reckless, very …

What is a successful legal criminal defense?

Oct 02, 2020 · This is the evidence that the Crown Attorney will use to prosecute. Normally in the DUI context, it will include a summary of the events that led to the charge, a copy of all police officers’ notes, some basic information about the breath testing instrument, and a video of the client while at the police station including during the breath testing.

What can a top Long Beach criminal attorney do for You?

Dec 12, 2011 · My attitude is that I am a good DUI lawyer. I’m prepared. I know my stuff. I’ve read the cases. I’ve read the file. I’ve interviewed the witnesses. I’m on top of this case. I know it better than the prosecutor. I have confidence. The most important thing: Stick to the goal — I want to win the case. Never plead guilty to DUI.

What is the best defense for a DUI?

The Best DUI DefensesSuspect Not Given Opportunity to Contact an Attorney during the DUI Investigation. ... Breath Alcohol Testing Can Be Inaccurate. ... Illegal Stop of Person or Vehicle. ... Field Sobriety Test is Inaccurate or Invalid. ... No Evidence of Suspect Driving Vehicle or Being in Actual Physical Control.

How DUI cases are won?

In California, drivers charged with a DUI are entitled to a jury trial. ... In order to win a drunk driving case, only one of the 12 jurors must vote not guilty. Just one! The alternative is to plead guilty to driving under the influence and hope for mercy in a system that has no mercy.

How do you beat a DUI hearing?

To win a DMV DUI Hearing you usually must have one of the following examples:The police did not follow proper procedure with the breath or blood tests.You present convincing evidence the officer had no right to pull you over.You present proof that you were under .More items...

What happens if a drunk driver kills someone?

Currently, in most such cases where drink driving results in death, the accused is booked under 304 A of the Indian Penal Code (IPC) (causing death due to negligence), punishable with two year jail or fine or both.

Can a DUI be dismissed in CA?

The good news is even if you do get convicted of a DUI you more than likely can get it dismissed at the end of your probation term. If you have successfully completed probation or have had probation terminated early you can petition the court to withdraw your plea and have the court order your case dismissed.

What is a DS 367 form?

The DS-367 clearly advises the driver that the DMV intends to suspend or revoke their driving privilege in the State of California. This tells the driver that the suspension process has begun. The DS-367 is a “Temporary” Driver License.

How much is a DUI lawyer in California?

DUI attorney fees in California For a first-time misdemeanor DUI in California, attorney fees can be in the range of $1,000 to $10,000. A very complex DUI case where a person was seriously injured or killed might be as much as $70,000, or more, for an experienced DUI attorney.

What is the fine for a DUI in California?

For a first-offense DUI in California, consequences for conviction generally include three years of informal probation, fines of $390 plus “penalty assessments” (totally approximately $2000, and completing a first offender alcohol program that consists of a 30-hour class, at a cost of about $500.

How to defend against DUI?

Help Your Drunk Driving Defense Case with Six Simple Steps. 1. Alcohol and drug assessment (and possible treatment) prior to going to trial. Once arrested for a DUI-DWI offense, most police officers assume that you may have an alcohol or drug problem. The same may be true for your employer, or even family or friends.

What happens if you are found guilty of a DUI?

Finally, if you are found guilty of the DUI-DWI offense, attendance of the DUI-DWI school typically will be part of your sentence. If you have already successfully completed the school that is one less thing you have to do when the case is resolved in court.

What is docket call?

A docket call or calendar call is an administrative discussion between the judge and all parties regarding the scheduling of trials and pre-trial hearings.

What does "not guilty" mean in court?

The arraignment is when the full, formal charges are read to you and your “response” to these charges entered. You can say “guilty,” “not guilty,” or offer to plead “no contest” (nolo contendere) to the charges, or you can stand mute and the judge will direct the clerk to enter a “not guilty” plea on your behalf.

Why do you have to testify at a court hearing?

Also, your attorney may desire to have you testify at this hearing in order to try to win key evidentiary points in his or her quest to win your case. Some judges require your presence in court all scheduled court dates when legal issues or scheduling of your trial is discussed.

How long do you have to be ready to go to trial?

You must be ready to proceed to trial at any time your case is scheduled for one of these trial weeks. Your attorney and all of your witnesses must also be ready to go, and often with very short notice. This means that you must be flexible and make yourself available to be present in court if your lawyer calls.

How many hours of community service is required for a DUI?

Most DUI-DWI statutes require some community service work as a part of their mandatory punishment scheme. These statutes require a “minimum” number of hours, depending on whether your offense is a first, second or subsequent offense within the proscribed “look back” period.

Never plead guilty to DUI

Recently, I met a lawyer who pleads about 50 cases a year, and he’s methodical about them. He maybe tries one of twenty. I am not pleased with lawyers who take a case to plead it, regardless of what kind of chance they’ve got to win the case.

Preparation

Preparation makes the difference. I come prepared. I am thorough. I file many motions, study lab regulations, challenge field sobriety and BAC tests, bring an expert, and even appeal when my client’s rights have been shot. I must be better prepared.

Knowledge

I keep my knowledge of DUI law and science up-to-the-minute. I know my subject cold. This gives me the winning confidence. DUI’s are winnable. But, they are hard. DUI is a political crime. Jurors have a much different mind set toward DUI. I am a lot different than just a criminal lawyer.

Thorough initial interview

I block off two hours for the initial interview. I want no interruptions, no phone calls, or anything. I want the client to know that while he or she is here, this is extremely serious. I take the time to really go through an in-depth interview. Most people come in with a negative attitude. They think they can’t win.

What happens if you win your DMV hearing?

What happens if I win my DMV hearing? If you win your DMV hearing, the APS suspension will be put on hold pending the outcome of your trial. You get to keep your license in the meantime, and you can drive legally as long as there is no other reason you are not allowed to drive.

What happens if you are arrested for DUI?

When you are arrested for DUI, the police notify the DMV which immediately starts a process to suspend your license. This is known as Admin Per Se license suspension (APS). This is not a criminal process, but an administrative one. This means they do not wait until you receive a verdict in your court case.

Does winning a DMV hearing help your DUI case?

If I win my DMV hearing, does it help my DUI case? In California, the DMV hearing is completely separate from your DUI charge. The two can affect each other, but winning your DMV hearing will not in and of itself help you win at court.

Can you go to court and win a DMV hearing?

But sometimes the opposite happens—you may go to your DMV hearing and win while your court case is not yet resolved.

Does a DMV hearing carry legal weight?

However, The hearing does not carry legal weight. No serious evidence was considered. No judge or jury was present. The outcome was decided by a “hearing officer” who is a DMV employee and has no training in the law. This is why you cannot use the outcome of a DMV hearing in court as “evidence” that you were sober.

Should I get a hearing after being arrested for DUI?

Yes. Requesting a DMV hearing is the first thing you should do after being arrested for DUI. It immediately buys you time and it may mean you never have to deal with APS suspension before your trial. Other benefits include: You may end up winning and keeping your license.

How many statements does an officer make in a court hearing?

This last one is one way in which the hearing really can help your court case. Normally, the officer only makes two statements: one in their arrest report, and one month later at trial. You don’t get a chance to interrogate them in between.

Strategy Number 1: Trial

I set the case for trial and proceed once all of the discovery is obtained. A trial can be in front of a judge or a jury. It may seem that a jury with 12 individuals gives a person a better opportunity of being found not guilty. Nevertheless, I prefer a bench trial, which is a trial before a judge.

Strategy Number 2: Pre-trial Motion

Filing pre-trial motions and (if applicable) a Petition to Rescind allows an attorney to show the court before a trial is scheduled that the case should not be allowed to proceed to trial. Having a hearing on a pre-trial motion gives me a chance to test the prosecutor’s evidence and gather valuable prosecution witness testimony before a trial.

Strategy Number 3: Mitigation

Mitigation is the process of explaining to the prosecutor or the supervisior to the prosecutor that you deserve a break because of your previous good acts and behavior.

Will the prosecutor dismiss the case after they review the evidence and video?

No. A prosecutor has no problem presenting a case at trial that is worthless. A prosecutor would rather lose a case than agree to dismiss it.

Can I have the DUI charge reduced to reckless driving or something else?

Reducing a DUI to a reckless driving is possible. However, this is only an option if the prosecutor thinks they might lose the case. In other words, you have a great case and will likely win, so they will make you an offer so they still get you to plead guilty.

How can I win?

You simply need to hire a very good attorney to fight for you. There are no shortcuts, favors, or sympathy. Only a very good attorney with experience and a desire to fight on your behalf will win your case.

What is the defendant under the influence of?

The defendant is under the influence of an intoxicant ; The defendant has a detectable amount of a restricted controlled substance in his blood; or. The defendant has a prohibited alcohol concentration. Driving and operating are requirements for this charge to occur.

What happens if you can't show you were driving?

Basically, if they can’t show you were driving, they can’t prove the case against you. 2. The cops didn’t have probable cause to stop me. Police need a reason to stop your vehicle.

How do you know if you're intoxicated?

One of the frequent signs an individual is intoxicated is that he has red, glassy, and bloodshot eyes. Booking photographs are frequently taken of drivers after being arrested for DUI. Sometimes booking photographs prove the driver did not have red, glassy, or bloodshot eyes.

What happens if the cops don't stop you?

To summarize, if the cops can’t stop you, they can’t know that you were driving under the influence of an intoxicant. In short, if the stop of your vehicle was illegal, the rest of the evidence against you will likely also be suppressed. Obviously every drunk driving case is different, so every drunk driving case will have a different argument, ...

Can you drive a car in Wisconsin?

That law makes clear that “No person may drive or operate a vehicle while” any of the following occur:

Does probable cause require proof of a traffic violation?

The evidence of the traffic violation does not need to establish proof beyond a reasonable doubt or even that guilt is more probable than not. Simply put, probable cause requires that “the information lead a reasonable officer to believe that guilt is more than a possibility.”. Id. at 348-49, 249 N.W.2d 593.

Can you drive if you don't have an OWI?

In short, if you didn’t drive or operate the motor vehicle, you haven’t committed OWI. In more plain terms, you can’t drunk drive unless you’re driving. Frequently OWI and DUI charges occur after the accused has been involved in a car accident.

What is a criminal defense lawyer?

Criminal defense lawyers provide counsel and representation to clients dealing with criminal investigations, accusations, arrest, warrants, criminal charges, sentencing, probation, appeals and post-trial issues.

What is the job of a criminal defense attorney?

The job of a criminal defense lawyer is to select the best criminal defense attorney tactics after reviewing a case's facts and circumstances.

What does the defense have to do?

Defense has to merely establish a reasonable doubt about any of the key elements required for the crime to succeed. Good criminal lawyers often impress upon juries that thinking the defendant committed the crime is not sufficient for a conviction.

What is an accidental offense in California?

Accident. Most offenses in California’s Penal Code include deliberate offenses in which the violator intentionally carried out the crime. This is key: If your criminal justice lawyer can show the act to be accidental without criminal intent, there is a substantial defense against the charge.

What is the highest standard of proof?

Since criminal convictions involve potential loss of liberty in prison, the highest standard of proof applies. The beyond reasonable doubt standard requires that the evidence be so convincing that no reasonable person would ever question the defendant’s guilt. This standard requires:

What is the advantage of being a public defense lawyer?

Former prosecutors and public defense lawyers can have an advantage from the extensive training and volume of cases they handle as government lawyers as well as learning the inside operation of the legal system.

When did the Supreme Court rule that the government must meet the "beyond reasonable doubt" standard?

In 1970 , the US Supreme Court ruled in the In Re Winship case that the US Constitution requires that the government must meet the strict "beyond reasonable doubt" legal standard when establishing guilt of criminal charges for both adults and juveniles alike.