What is causing the DUI arrest rate to drop?

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What is causing the DUI arrest rate to drop?

What is causing the DUI arrest rate to drop?

All statistics show that the rate of DUI have dropped.  Trends show that the DUI rate has been dropping for years and are dropping even more dramatically in recent years.  What is causing the DUI arrest rate to drop? Any reduction is a good thing for society overall.

DUI arrests decreased by 7.2% in 2013, following decreases of 4.1% in 2012 and 8.0% in 2011.

 

DUI Conviction Rates

  • 2004 – 76.7%
  • 2005 – 77.0%
  • 2006 – 78.1%
  • 2007 – 79.4%
  • 2008 – 78.8%
  • 2009 – 78.7%
  • 2010 – 77.2%
  • 2011 – 73.1%
  • 2012 – 73.3%
  • 2013 – 73.7%

Orange County DUI numbers:

ORANGE

  • Felonies (268) 2.1%
  • Misdemeanors: (12,682 )97.4%
  • Infraction (Juvenile) (70) 0.5%

Males 21-30 are the highest category of those that get a DUI.

Even in other states, like Arizona, DUI rates have dropped. In Arizona, there were only 24,674 DUI arrests in 2015, which was down from 29,250 arrests in 2014. In 2013, there were 31,891 DUI arrests, and in 2012, there were 32,174 arrests.

The number of arrests for high blood alcohol DUI cases also dropped. (Extreme DUI is the charge for those with a blood-alcohol content of .15 or more, compared with 0.08 for a standard DUI charge.) In 2015, there were 6,742 extreme DUI arrests. That was down from 8,414 arrests in 2014.

Though the number of arrests was down in 2015, the average BAC numbers were up. The average BAC was .158 last year, compared with .152 in 2014.

 

“Although it is heartening to see a downward trend in levels of driving under the influence of alcohol, it still kills thousands of people each year and shatters the lives of friends and loved ones left behind,” said Frances Harding, director of SAMHSA’s Center for Substance Abuse Prevention.

“We must strive to save lives by reducing this public health threat through education, prevention, and all other possible measures,” she said in a news release from the agency.

According to the report, the percentage of people aged 21 to 25 who acknowledged drinking and driving fell from 30 percent in 2002 to 19 percent in 2014.

The report also revealed that 4 percent of people aged 16 and older reported driving under the influence of illegal drugs in 2014, and 2.5 percent drove under the influence of both alcohol and illegal drugs.

What is causing the DUI arrest rate to drop – is is Uber?

New research suggests that Uber may be responsible for the drop in drunk-driving deaths across California.

The study, by Philadelphia’s Temple University, analyzed data on alcohol-induced road deaths from 2009 to 2014, summarizing that the mortality rate for such incidents fell by up to 5.6 percent in cities where Uber was used.

Professors Brad Greenwood and Sunil Wattal looked at the quarterly changes in vehicular homicides—which kill 13,000 Americans each year—occurring in Californian cities with Uber versus the rate in those ones without, finding that the service reduced deaths by a minimum of 3.6 percent wherever it was implemented. Should the study’s findings hold nationally, an estimated 500 lives would be saved every year, and the annual cost of deaths of this nature—$37 billion, racked up by the likes of medical care for the injured, and prosecution and incarceration for the perpetrators—could be reduced.

 

Contact us for any questions for our Orange County DUI Attorney Robert Miller.  We are here to help.

DUI Lawyers Chino

DUI Lawyers Chino

Chino DUI Lawyers
If you were arrested for a DUI anywhere in or near Chino, then you will need the best DUI Lawyers Chino for your case, to fight for you, in court, and at the DMV.
DUI Lawyers Chino can help you and will handle your DUI professionally for you.  Having an experienced DUI defense attorney will help you and your case.
Chino is in San Bernardino County, and is part of the San Bernardino Superior Court system.  The court used to run a courthouse in Chino, which closed in 2012.
What courthouse your DUI in Chino will be assigned to depends on who stopped and arrested or cited you.

CHP DUI Arrests in Chino or Rancho Cucamonga

All traffic and criminal matters issued by the California Highway Patrol in the jurisdictions for Rancho Cucamonga and Chino Districts are split by the court and are be filed and heard at the following location:

Fontana Courthouse
17780 Arrow Boulevard
Fontana, CA 92335

All traffic and criminal matters issued by all law enforcement agencies other than the California Highway Patrol (that includes the San Bernardino County Sheriff’s Department or any city police departments) will be filed and heard at the following location:

Rancho Cucamonga District
17780 Haven Avenue
Rancho Cucamonga, CA 91730

The problem – what you are up against and what you are facing.

As you know, the prosecutors, the courts, the law, and the push from organizations like MADD all want to show how tough they are against people with a DUI.  The punishment includes potential jail time, loss of your license, loss of a job, and thousands of dollars in fines if not handled correctly.  Don’t let the system excessively punish you without looking at all sides. Although you probably are still dealing with the impact from your arrest, this is more serious than you realize.
 

The solution – how to avoid the full impact of a DUI conviction

There is a way out of this.  The best way to handle a DUI is to be prepared, and to methodically and responsibly handle everything with an expert that only handles DUI cases, knows defenses to DUI cases, including with breath testing and blood testing involved in a drunk driving case, and will work with you and professionally guide you to the best possible result.  That law firm is Miller and Associates.

What our past DUI clients have stated about us

Many clients helped by our firm in the past can attest to our great results.  We have many top ratings and reviews on Yelp, Avvo, Google, and other resources.
 
 

As one client stated about their experience:

“During two meetings with Robert and several telephone conversations we were able to craft a defense strategy.  In several court appearances Robert was able to convince the district attorney of our defense.  Ultimately the case was dismissed.  Robert gets a five star rating from me.   He is professional and easy to reach either  by phone or email or even text message.  His fees are fair and very competitive.”  (Maurice N., from a Yelp review).

What other attorneys know about our DUI expertise

Even other attorneys in the field know that our law firm has the expertise and knowledge to handle your DUI matter.  We have top ratings from colleagues within our area of expertise.  As one stated: “I highly endorse Mr. Miller. Very experienced and caring attorney who produces great results in representing clients! I want all people with legal problems to contact him first.” (Mark Clay, Esq., from one of over 60 attorney endorsements through Avvo.)

Our results in DUI cases

In the past we have had amazing results for clients fearful and facing a drunk driving matter before the courts and the DMV, including hundreds of DUI matters reduced or dismissed, avoiding a lifetime of problems for our clients.  See our results page for many details on cases just like yours. 

Meet Our Skilled DUI Attorney

DUI Defense Lawyer, Robert Miller, is certified in Field Sobriety Testing and DUI Trial Defenses.  He is a member of the National College of DUI Defense, the DUI Lawyers Association, and the California DUI Lawyers Association, among many other certifications and professional organizations. He is known for being a top Orange County DUI Attorney.
He is also the author of two books on DUI, both published by Aspatore Press, geared towards instructing other attorneys on matters of DUI defense.
The Washington Post, the BBC, NPR, ABC 7 News, have consulted with and had Robert Miller appear to provide legal commentary on cases in the news.
 

Why Hire Us for Your DUI Case?

With impeccable credentials, hundreds of great results in DUI cases, and over 22 years of courtroom and trial experience, Robert Miller is the right choice for any case where you need DUI Lawyers Chino.

Contact us now – Let’s Get Started.

Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.

Can a DUI affect your immigration status?

Can a DUI affect your immigration status?

Can a DUI cause immigration problems?

A common question for persons that are in the United States on a Student Visa, a Work Visa of any kind, or a Family or other visa, is whether or not a DUI will affect immigration status.

If you have qualified for any type of visa to enter the United States of America, then you have already been checked by the USCIS to qualify you for the visa.  That required that you submit information to be checked against the FBI Department of Justice criminal records reports.

For some types of visas, you also have a requirement to resubmit fingerprints and data and disclose any convictions during renewals.  It is understandable that someone that is arrested, or convicted, for a DUI here in California would be concerned about the status of their visa or petition.

What types of crimes cause immigration problems?

The Immigration and Naturalization Act is part of the United States Code.  That sets what categories of crimes could affect immigration status, by making certain crimes a problem.  The law states that for crimes that are prohibited, you can be:

  • Excluded from admission into the United States of America;
  • Ineligible to obtain visas issued by the USCIS; or
  • Offenses that are deportable, which will cause you to be kicked out of the country.

As broad categories, the Federal INA makes convictions of the following types of crimes a problem:

  1. Crimes of moral turpitude;
  2. Crimes of violence;
  3. Crimes involving terrorism;
  4. Crimes involving transportation, sales, or creation of narcotics; or
  5. Crimes involving firearms.

Note that a crime of moral turpitude is defined as one that gravely violates the normal standards of the community.  Theft or embezzlement crimes are usually crimes of moral turpitude.

You will note that drinking and driving is not listed here.  Drinking and driving doesn’t generally fit any of the categories of crimes that pose an immigration problem.

However, the facts of a DUI case are important.  There are certain enhancements that can make a DUI more serious, that may be a problem, or other crimes that can occur along with a DUI that might match one of the above.

Can a DUI affect your immigration status by being a problem offense?

Under a separate, rarely invoked section of the Immigration Act, someone can be excluded from admission for having a medical condition, and alcoholism is considered in caselaw as a medical condition.  While that is so rare as to be unlikely, for persons that have multiple DUIs, the USCIS could make an argument that a person with a second time DUI, a third time DUI, or a felony fourth DUI or more suffers from alcoholism as a medical condition.  That could make that person excludable from entering the USA.

Can a DUI affect your immigration status?

The answer, like much of law, is shrouded in shades of grey, and is highly dependent upon the facts.  But in general, a DUI is not the type of crime that can affect any type of immigration visa (subject to the disclaimers and caveats for special situations above).

Contact Us. If you have questions about immigration and a DUI, please contact us anytime.  We are happy to help.

 

 

 

Getting a California Driver’s License with an Immigration Visa

Getting a California Driver’s License with an Immigration Visa

DMV Information and Penalties for a DUI

Do you need a California Driver’s License?

Getting a California Driver’s License with an Immigration Visa: If you are here on a tourism visa of any kind, then as a tourist, you may drive a rental car in California for one year as long as you have a valid driver’s license from their home country.  See the California Department of Motor Vehicles for complete details.

If you will be driving in California and/or you plan to purchase a motor vehicle (a car, scooter or motorcycle), we recommend that you get a California Driver’s License. Many insurance companies will provide coverage, or offer you better rates only if you have one, and having automobile insurance is a legal requirement in California.

How To Apply for the California Driver License

The Department of Motor Vehicles (DMV) has the latest California Driver Handbook, forms, and instructions on how to apply for a California Driver License(link is external). Check out the helpful section in the handbook (link is external)on frequently asked questions and residency requirements.

If this if your first CA Driver’s License, you are required to schedule an appointment at any branch office of the DMV.

An F-1 student, F-2 dependent or J-1 student is NOT required to have a Social Security Number to be eligible for a driver license.

A J-1 scholar must present a Social Security Number to be eligible for a driver license.  J-2 dependents are only required to show a Social Security Number if they have an Employment Authorization Document (EAD).

Requirements for Your Driver’s License

Following these five simple tips makes the process go smoother and save of time in the end:

1.    Wait 10 days after you enter the United States.

You may want to apply for a driver’s license right away, but be patient. The 10 day wait allows time for all the government databases to update with your arrival information. If you apply too early, your application will be delayed or denied.  If you are a continuing student or scholar, please remember to wait 10 days from your most recent entry to the U.S.

2.    Make sure your record in SEVIS is up-to-date and in Active status.

Getting a California Driver’s License with an Immigration Visa requires that your record in SEVIS is accurate and active. SEVIS is the database that contains information for all F and J nonimmigrants in the United States.  If your record is not active when you apply for a Driver’s License, the application may be delayed or denied.

Note: This step is only required when you first arrive the the U.S. on your new I-20 or DS-2019.  Wait 10 days from the time you complete the Online Arrival Confirmation or SIM before going to the DMV.

3.    Check your immigration documents.

Check all your immigration documents to make sure your information is correct. Getting a California Driver’s License with an Immigration Visa requires what the DMV calls data integrity. Data integrity is very important because if you have any different information on different forms, it will cause delays. Specifically, check your electronic I-94 “Arrival/Departure” record for information. If the information on your electronic I-94 admission record is different than on your passport, visa or Form I-20 or DS-2019, please contact the issuer or sponsor of your visa.

4.    Read. Practice. Review.

The DMV has the latest California Driver Handbook, forms and instructions on how to apply for a Driver’s License.  You will also find five sample exams.  The practice exams will help you prepare. Please note after you pass the written exam, you may need to take a Driving Test.

5.    Bring all your paperwork. When you go to the Department of Motor Vehicles (DMV) remember to bring all your paperwork. For California, the paperwork may include these documents:

  • Form I-20 or Form DS-2019
  •  The electronic I-94 record you received with the passport admission stamp.  Please access your electronic I-94 record and print it.
  •  Passport (with visa, if applicable).  Please ensure your passport is on the Approved Foreign Passport list with the DMV.
  • Two documents showing your proof of residency in California.

The California State Identity Card

Getting a California Driver’s License with an Immigration Visa is easy if you take the above steps.  But if you are not planning to drive, the DMV also issues a California Identity Card with your photo and date of birth information on it. This is an easily recognizable form of identification used for cashing checks, proving your age, etc. Plan on making an appointment before going to the DMV. To do so, visit the DMV website or any DMV branch office.

Contact our law firm for any questions about immigration and the DMV.  We are happy to help.

DUI stop for Weaving or Lane Straddling

DUI stop for Weaving or Lane Straddling

CHP DUI Arrest Rearview

A common reason for being stopped in DUI cases is weaving or lane straddling, sometimes known as swerving, while on the highway.  A DUI stop for Weaving or Lane Straddling may be valid, or may be invalid probable cause for a DUI under California law.

DUI stop for Weaving or Lane Straddling – The Law

First, what the law states.  Weaving or Lane Straddling is made illegal under California Vehicle Code section 21658 , which states as follows:

CA Vehicle Code § 21658 states:

Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply:

(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.

(b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device.

Note that nowhere in this or any sections of the Vehicle Code in California is there any law that prohibits swerving or weaving when driving your car.  Weaving in your lane or touching the dividing lines of the lane are not violations, according to the CA Vehicle Code. As DUI Lawyers in Orange County, we often look at patrol car videos carefully to see if there was actually a violation of any law.

DUI stop for Weaving or Lane Straddling – Probable Cause

First, some law.  The stopping of a vehicle by law enforcement is a “seizure” and, as such, must adhere to the strictures of the 4th Amendment of the Constitution, which prohibits unreasonable searches and seizures.

To be a “reasonable” stop under the 4th Amendment, the officers must have a reason for the stop. If the officer observes the vehicle violate a traffic law and bases the stop on the violation of the traffic law, the 4th Amendment requirements are usually met, and there is a traffic law against swerving or driving recklessly, as above.

A precise legal definition doesn’t exist as to what it means to drive “as nearly as practical within a single lane.” However, the Federal 9th Circuit Court of Appeals gave some guidance on this issue in a case.

DUI stop for Weaving or Lane Straddling – Case Law

In U.S. v. Colin, 314 F.3d 439, the 9th Circuit Court of Appeals dealt with this issue. The arresting officer observed defendant drift onto the solid white fog line of the far side of the right lane for about ten seconds. The defendant’s vehicle then drifted to the left side of the right lane, signaled a lane change, and moved into the left lane. The officer then observed the vehicle drift to the left side of the left lane where its left wheels traveled along the solid yellow line for approximately ten seconds. The defendant’s vehicle then returned to the center of the left lane, signaled a lane change, and moved into the right lane.

The arresting officer then pulled the defendant over for a  violation of California Vehicle Code §21658(a) for lane straddling and conducted a DUI arrest.

The court held that the officer’s stop was illegal, stating as follows:

 “Touching a dividing line, even if a small portion of the body of the car veers into a neighboring lane, satisfies the state’s requirement that that a driver drive as ‘nearly as practical within a single lane’… It is reasonable that a driver with no cars abreast of him might veer slightly within his lane or over the lane lines in the course of making a lane change to ensure that it is safe to do so. In sum, we conclude that the facts, taken together, support the conclusion that [the officer] lacked probable cause to stop [the defendants] for lane straddling.” Id. at 444-445.

The appeals court went on to say, “If a failure to follow a perfect vector down the highway or keeping one’s eyes on the road were sufficient reasons to suspect a person of driving while impaired, a substantial portion of the public would be subject each day to an invasion of their privacy.” Id. at 447.

This is not to say that swerving within a lane cannot be used for a stop for driving under the influence.

It was articulated in People v. Perez, 221 Cal.Rptr. 776, 778, that “pronounced weaving within a lane provides an officer with reasonable cause to stop a vehicle on suspicion of driving under the influence where such weaving continues for a substantial distance.” (emphasis added).

While officers often use the observation of swerving and lane straddling as the precursor to a DUI stop. Such cases are very much fact dependent.

Contact us

Contact us

Contact us if you have any questions about a DUI stop for Weaving or Lane Straddling.  We have handled many such cases and can help you.

 

DUI Law Firm in Orange County

Top Orange County DUI Lawyers
If you were arrested for a DUI in Orange County, then you will need the best DUI Law Firm in Orange County for your case, and fight for you, in court, and at the DMV.
A DUI Law Firm in Orange County can help you and will handle your DUI professionally for you.  Having an experienced DUI defense attorney will help you and your case.
 The problem – what you are up against and what you are facing.
As you know, the prosecutors, the courts, the law, and the push from organizations like MADD all want to show how tough they are against people with a DUI.  The punishment includes potential jail time, loss of your license, loss of a job, and thousands of dollars in fines if not handled correctly.  Don’t let the system excessively punish you without looking at all sides. Although you probably are still dealing with the impact from your arrest, this is more serious than you realize.
 

The solution – how to avoid the full impact of a DUI conviction

There is a way out of this.  The best way to handle a DUI is to be prepared, and to methodically and responsibly handle everything with an expert that only handles DUI cases, knows defenses to DUI cases, including with breath testing and blood testing involved in a drunk driving case, and will work with you and professionally guide you to the best possible result.  That law firm is Miller and Associates.

What our past DUI clients have stated about us

Many clients helped by our firm in the past can attest to our great results.  We have many top ratings and reviews on Yelp, Avvo, Google, and other resources.
 

As one client stated about their experience:

“During two meetings with Robert and several telephone conversations we were able to craft a defense strategy.  In several court appearances Robert was able to convince the district attorney of our defense.  Ultimately the case was dismissed.  Robert gets a five star rating from me.   He is professional and easy to reach either  by phone or email or even text message.  His fees are fair and very competitive.”  (Maurice N., from a Yelp review).

What other attorneys know about our DUI expertise

Even other attorneys in the field know that our law firm has the expertise and knowledge to handle your DUI matter.  We have top ratings from colleagues within our area of expertise.  As one stated: “I highly endorse Mr. Miller. Very experienced and caring attorney who produces great results in representing clients! I want all people with legal problems to contact him first.” (Mark Clay, Esq., from one of over 60 attorney endorsements through Avvo.)

Our results in DUI cases

In the past we have had amazing results for clients fearful and facing a drunk driving matter before the courts and the DMV, including hundreds of DUI matters reduced or dismissed, avoiding a lifetime of problems for our clients.  See our results page for many details on cases just like yours. 

Meet Our Skilled DUI Attorney

DUI Defense Lawyer, Robert Miller, is certified in Field Sobriety Testing and DUI Trial Skills.  He is a member of the National College of DUI Defense, the DUI Lawyers Association, and the California DUI Lawyers Association, among many other certifications and professional organizations.
He is also the author of two books on DUI, both published by Aspatore Press, geared towards instructing other attorneys on matters of DUI defense.
The Washington Post, the BBC, NPR, ABC 7 News, have consulted with and have had Robert Miller provide legal commentary on cases in the news.
 

Why Hire Us for Your DUI Case?

With impeccable credentials, hundreds of great results in DUI cases, and over 22 years of courtroom and trial experience, Robert Miller is the right choice for any case where you need a DUI Law Firm in Orange County.

Contact us now – Let’s Get Started.

Don’t delay contacting us.  Our DUI Law Firm in Orange County can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.

The burden of proof in DUI cases

The burden of proof in DUI cases

You may be familiar with the phrase “beyond a reasonable doubt” from crime dramas on television, or in the movies.

The burden of proof in legal cases, from the highest levels of proof required, to the lowest, are as follows:

  1. Beyond a reasonable doubt
  2. Clear and convincing evidence
  3. Preponderance of the evidence
  4. Probable cause
  5. Reasonable suspicion
  6. No evidence

With a DUI case, there are actually two different standards of proof involved, based upon what the proceedings are.

The burden of proof in DUI cases at the DMV

At the DMV, the hearing officer decides the case based upon the evidence presented in the documents.  In California, it’s rare for the DMV to call witnesses, although either side has the right to do so.

The DMV action involved in your license is civil in nature, so it uses the civil “preponderance of the evidence” standard.  That is, as long as there is 51% proof on all the issues required at a hearing, the DMV wins the hearing.

Keep in mind that the issues that the DMV still has to have proof on, and prove via paperwork or testimony, are:

  1. Can it be proven that the person was driving a motor vehicle?
  2. Was the person above a .08% alcohol level at the time of driving (not only at the time of the later test);
  3. Did the police have valid probable cause to arrest for DUI?
  4. Was the person placed under valid arrest?
  5. And, for cases involving a refusal or DUI probation, or a prior, the refusal, DUI probation, or prior has to be validly proven separately.

The burden of proof in DUI cases in court.

In court, the prosecutor has a different standard.  As a criminal proceeding, the prosecutor has to show, beyond a reasonable doubt, that each and every element of the case is proven to that standard.

In many cases, it may be difficult to prove one or more elements of the case.  They may not be able to show or prove driving in accident DUI cases, or prove the timing of intoxication or time of driving.  Under California law, a blood or breath test has to be taken within three hours of driving to be used in a case, at the Orange County DMV hearing, or in Orange County DUI court proceedings.  When the police don’t know the exact time of driving, or are missing other elements of the crime, that might be enough reasonable doubt to get a not guilty in a DUI case.

Contact us if you have any questions about the burden of proof in Orange County DUI cases.  We can help you.

Should I plead guilty to DUI?

Should I plead guilty to DUI?

DUI Dismissed

One of the common questions that is probably not emphasized enough by Orange County DUI Lawyers is whether or not you should avoid the expense of having a DUI specialist represent you, and just plead guilty.

This page honestly and frankly discusses the pros and cons of proceeding without a lawyer, and what might happen if you were to plead guilty.

A note is required here – facts of a DUI can vary greatly, and if you have a borderline case that is a .07%/.08%, and you were found in a parked car sleeping, you will have a much different scenario than if you have priors for a DUI, drive at a high speed, with a high blood alcohol level, into a school bus full of kids and cause a major accident.  For purpose of this discussion, it is assumed that you have a fairly standard first time DUI – that is, no priors, no accident, no children in the car, a blood alcohol level below a 0.15% and no other charges, like a suspended license, hit and run with a DUI, or resisting arrest.

Should I plead guilty to DUI? – the procedures with and without a lawyer.

When you are facing a DUI in OC and hire a DUI lawyer in Orange County, the lawyer generally makes all court appearances for you.  One of the advantages of having a lawyer is that the lawyer can be in court for you, on your behalf, as your agent, without you having to be there.  That can save you a substantial amount of time.

A lawyer will appear for the first court appearance, your DUI arraignment, and will handle every court appearance possible throughout the case process.

When you appear without a lawyer, since lawyers go first, you will spend more time at each court appearance.  The judge presumes lawyers know the law and rights, but will require you to go through a process involving a handout, a speech, and a video (in some courts) to advise you of your rights.  You will then be asked if you want to represent yourself, apply for the public defender, or get more time to hire your own attorney, before you will be asked guilty or not guilty in your case.

Lawyers generally will negotiate and investigate all defenses in a DUI case based on their experience and education.  That alone can go further than a person representing themselves.

Should I plead guilty to DUI? – the potential punishment with and without a lawyer.

Assuming the minimal facts above, the range of punishment for the DUI charge could be the same with or without a lawyer.  That is, most judges in Orange County would give you the minimum sentence, which is:

A lawyer can usually request credit for your arrest and minimize fees somewhat.  But in some cases, a lawyer may be able to show how a DUI case should actually be dismissed, or reduced to a different charge, which can protect you from a criminal or driving record conviction, or substantially reduce the penalties for you.

That won’t happen if you plead guilty up front, and you may spend years dealing with the effects of a DUI and wonder if something better could have been done.

Should I plead guilty to DUI? – weighing the facts of your case.

Hiring a professional is always recommended, whether it’s for surgery, an audit, or legal proceedings.  But you always have to weigh the cost of a DUI lawyer versus what that lawyer might be able to gain in your case.

If you need an attorney, or want to discuss the pros and cons of your particular case, contact us today.  We can help with Orange County DUI cases.

 

Strategies to win your DUI DMV Hearing

Strategies to win your DUI DMV HearingDMV Information and Penalties for a DUI

As we have discussed elsewhere in our website, the DMV hearing is especially important in your Orange County DUI case, as it affects your privilege to drive. This page summarizes some strategies to win your DUI DMV Hearing, and what works in defending a DUI case at the DMV.

DUI Procedures involved in a DUI Arrest 

When you are arrested for a DUI, the police officer is trained to perform certain duties.  If you have a California license, After a DUI arrest in California, your driver’s license is especially vulnerable from both the administrative action (the DMV admin per se proceedings) and any court DUI convictions, both of which can restrict or suspend your license, depending on what your driving record looked like before the current DUI matter occurred.

We try to stop your license from being suspended at all.  The first step is to request a hearing from the DMV within 10 days of your arrest.  The DMV is very strict about that deadline, so it’s extremely important to abide by that 10 day rule.

The DMV hearing doesn’t happen right away.  When you make a hearing request, the DMV stops all possible action against your license, and then sets a hearing date in the future.  In Orange County, that is about 30-45 days from the request date.  Once the hearing is set, there are a few possible actions that may make your hearing more likely to be decided in your favor.

The Issues at a DMV hearing

  • Were you administered a test within 3 hours of driving?
  • Did the officer continuously observe you for 15 minutes before administering your breath test at the police station pursuant to Title 17 of the California regulations which outline the proper breath testing procedures?
  • Was the officer properly trained and qualified to administer the breath test?
  • Was the DS 367 Officers’ statement properly sworn and filled out?
  • Was the official duty presumption rebutted, i.e. is there evidence that the officer did not properly perform his official duties?

The issues at a DMV Refusal Hearing

  1. Did the Peace Officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153?
  2. Were you placed under lawful arrest?
  3. Were you told that, if you refused to submit to or failed to complete a test of your blood or breath, your driving privilege would be suspended for one year or revoked for two or three years?
  4. Did you refuse to submit to, or fail to complete, a blood or breath test after being requested to do so by a peace officer?

Subpoena Strategies for your DUI DMV Hearing

One option available to you and your attorney is to issue a subpoena for the police officer to show up and testify, and be cross examined.  Should you do that?  In my opinion, as an experienced Orange County DUI Lawyer, the answer is a firm “maybe“.

It’s usually better to look at the reports prepared by the officer, and see if any missing elements of the DMV’s case might exist.  Since DMV cases can be won on what would be considered a “technicality”, it might actually hurt you to have the officer show up, testify, and “fill in the blanks” and help the DMV make their case with additional evidence.

On the other hand, if the police report shows information that is clearly incorrect, showing the DMV hearing officer that the police officer performed a “cut and paste”, or was mistaken about your case (confusing your case with another that same evening), or just plain lied, that can be powerful evidence that alone can win your DMV hearing.

Unfortunately, unlike a traffic ticket, the officer not showing up does not guarantee a win at the DMV.  More likely, it would result in a continuance of the hearing.  And, there is a cost for each subpoena of the officer.

You can also subpoena your patrol car video, or any other information, including the maintenance and calibration of the breath test machine or blood testing equipment for defenses.

Expert Witness Strategies for your DUI DMV Hearing

Having an expert witness can help you also.  We have used expert witnesses in the field of police procedures, and alcohol testing procedures and intoxication levels, including proving the rising blood alcohol defense, with much success.

We have won DUI DMV hearings over the years for our clients.

Contact us if you would like us to help you, or if you have questions.  We can help you.

 

Security Measures To Make Shoplifters Think Twice

Security Measures To Make Shoplifters Think Twice

Security Measures To Make Shoplifters Think Twice(click to enlarge infographic).

“Shoplifting is a victimless crime.” “Retailers are so rich they will hardly feel one pair of jeans missing from their inventory.” “Every item in that store is insured.”

Whether or not any of the above statements is true, the fact that shoplifting is illegal and punishable in a court of law remains. And with more and more shop owners putting more security measures in place to counter shoplifting, the chances of getting caught and charged for the crime are higher than ever.

The move by retailers to beef up security is perfectly understandable. After all, shoplifting is the number one property crime in North America, accounting for 38% of the reported inventory shrink among retailers in 2014, which is why the need for an Orange County shoplifting attorney is so great. This article takes a look at some of the countermeasures that are currently being put up by shop owners across the United States.

Shoplifting signs and security mirrors

Plastering signs against shoplifting all over the store is a low-cost way of discouraging shoplifters. A sign that says the store has electronic surveillance can make anyone think twice about pilfering anything from the shelves. Security mirrors, especially in stores that have taller shelves or more secluded areas, should also make thieves be paranoid about being seen stealing.

Basic video surveillance systems

There was a time when all security cameras could provide are grainy images that make positive identification of perpetrators tough. These days, however, the quality of security cams has dramatically improved, and they became cheaper as well.

Most stores, even the smaller ones, now have CCTV cameras in every corner. For sure, the sight of a camera can be an effective deterrent against shoplifting. Some retailers, however, have gone one better and paired their cameras with a monitor placed in a public space, mostly near the entrance. That way, would-be shoplifters would see themselves on screen, know the cameras are working and change their minds about stealing.

RFID tags

Most retail stores today have RFID (radio-frequency identification ) tags attached to their merchandise. These RFID tags could be in the form of a sticker or a pin-tag, which is usually used for clothing items. They are difficult to remove, and should give a shoplifter problems the moment he or she walks out the store, when the sensor wand by the door goes off.

Full time security guards

It’s true that for smaller businesses, hiring a full-time security guard can be costly. Bigger retailers, however, can afford the services of dedicated security personnel to keep an eye on all shoppers and employees. Some of these security guards wear uniforms, and the sight of them roaming around the store can strike fear and doubt in the hearts of thieves. They can, however, make shoppers uncomfortable as well, so some retailers have taken to hiring plain-clothes guards who can blend in with the crowd and easily pounce on an unsuspecting shoplifter.

With these deterrents in place, many shoplifters are now getting caught red-handed. Shoplifting, however, remains rampant. Some people even say it has become an epidemic. To know more about shoplifting and its consequences, check out this infographic made by Shah Law Firm.

Security Measures To Make Shoplifters Think Twice