An Orange County DUI defense attorney can assert your rights

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An Orange County DUI defense attorney can assert your rights

An Orange County DUI defense attorney can assert your rights

About Us Robert Miller Associates Law Firm

If you are facing DUI charges in Orange County, it is essential to protect your flexibility and your rights with a top rated Orange County DUI defense lawyer. With a knowledgeable and competent team of DUI defense attorneys, you will be able to guarantee that your rights are protected, despite the DUI charges that have been brought against you.

In the State of California, DUI cases hold exceptionally severe penalties. These penalties can consist of jail time, expensive fines and much more. You cannot afford not to be discerning when looking for a defense lawyer to represent you in your case.  A DUI is a matter that can have long-ranging consequences.

An experienced Orange County DUI Attorney will discuss with you exactly what your fees are, and exactly what they mean for you and your future. This includes the possible charges that you could be facing, depending on the charges. It is common expertise that a DUI charge indicates that you were operating a car while your regular faculties were impaired. However, DUIs can include various other scenarios, consisting of driving under the influence of drugs, alcohol or a mix of these. California does not make a difference between driving under the influence of alcohol or medicines. It is thought about to be a DUI despite the actual intoxicant, and in many parts of California, prescription drug DUI or other narcotic DUI cases outnumber alcohol DUIs.

A proficient DUI lawyer will have the ability to inform you of the charges that you are dealing with, in addition to the possible penalties of every one of those costs, and the path that you can absorb order to prevent conviction if at all feasible.

A DUI offense in Orange County can carry harsh consequences in punishment,  consisting of a few thousand dollars in fines and penalty assessments, a driver’s license suspension, alcohol education programs, as well as prospective jail time for more serious cases. These are simply a few of the reasons that it is essential that you call a Orange County DUI defense lawyer as quickly as feasible following a DUI arrest, whether it is your first offense, second or more. In most cases, your attorney can additionally work out various charges for your offense based on its severity.  An attorney with experience in defending DUI charges in Orange County will know the judge and district attorney assigned to the handling of your case and in a lot of instances be able to anticipate and guide you towards the best outcome given your circumstance.

With the assistance of an expert Orange County attorney that focuses on DUI offenses, you could have the ability to drastically decrease the fees you are facing, or even have them eliminated. You could also have the ability to avoid your driver’s license from being suspended. Do not take chances with your freedom, because if you have been charged with a DUI, the charges and consequences need not be taken lightly.

The field sobriety test should not be assumed always to be certain proof of a person’s ability to drive safely. If the test was administered late at night when the driver was usually in bed, the defendant might have failed the test out of fatigue and not because he was intoxicated. If the area the driver was asked to perform the physical movements such as walking a straight line was an uneven surface or full of obstacles such as holes, then the test might be thrown out of court.

If the device used to measure the driver’s alcohol level was not calibrated correctly, then the results will have to be thrown out. There has to be documented evidence of the calibration of the device used to charge the defendant. The attorney will look into the circumstances that led to the arrest of his client.

If the police were alerted by a third party that someone was driving drunk, the charge might be dropped if there was insufficient information, an unreliable witness, or no violation of the law.  A police officer has to generally have evidence of a specific crime to have the person driving while intoxicated. The police cannot simply rely on a member of the public reporting a driver driving drunk. These are only some of the defenses DUI lawyers can raise on behalf of their clients.

Being stopped for speeding doesn’t automatically work as evidence of drunk driving. (Most expert witnesses will testify that alcohol is a depressant, not a stimulant, and would cause drivers to go slower than average, not be speeding).  This can actually work in your favor since your DUI Defense Lawyer may consider that you are definitely in control of your car by speeding. It is astonishing how DUI cases can be effectively managed by experienced and knowledgeable DUI Lawyers. Even in a tough court like Orange County, which goes out of their way to punish DUI offenders, it shows that a person should never underestimate their ability to get DUI charges acquitted. The police, prosecutors, and courts have to follow the law also.

Top Orange County DUI Lawyers

Contact us if you need a top rated Orange County DUI Attorney

Contact our law firm of professional DUI defense lawyers if you need to consult with us regarding your options, and your optimal strategy for your DUI case.  We have over 23 years of experience handling thousands of DUI cases and can help you with your case.

DUI Lawyer Orange County

DUI Lawyer Orange County

If you are facing DUI charges or were arrested for DUI, anywhere in Orange County, our DUI Lawyer Orange County Robert Miller can help you today.  Take advantage of our free consultation to find out the penalties for an Orange County DUI case, and how Mr. Miller can help.

California DUI Penalties Can Be Serious

California prosecutors take drunk driving seriously, and even a first conviction may trigger consequences that you might find serious. Most California DUI charges are misdemeanors, but even a misdemeanor carries a possible sentence of up to six months in jail – more if there’s a prior DUI. A first-time DUI offender may also be placed on probation for up to three years, be assessed significant fines, and lose his or her driver’s license for four months.

California DUI Penalties are Only the Beginning

The penalties imposed by the criminal court system and the California DMV can be serious, but they’re not the only consequences a person convicted of drunk driving in California may face. The indirect consequences of a conviction may have a significant impact on the driver’s life. Some examples include:

• A jump in automobile insurance rates
• A criminal record, which may impact the driver in many ways
• Possible limitations on employment options

If you’ve been charged with DUI in California, you must act quickly to protect your rights and prepare your defense.

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You Only Have 10 Days to Request a California DMV Hearing

One of the California DUI penalties of great concern to many clients is the driver’s license suspension. Losing your license can create a significant burden, interfering with your ability to earn a living, care for your family, and attend to many important areas of your life.
You’ve undoubtedly heard the driver’s license suspension that occurs after a BAC test result of .08% or greater as “automatic,” but that’s a bit misleading. While the suspension automatically takes effect 30 days after the arrest, you can fight the suspension—but only if you take action immediately.

You have just 10 days to request a hearing on the Administrative Per Se license suspension. If you do not request this hearing within 10 days, you will be barred from contesting the license suspension.

Preventing Your License Suspension

Many drivers facing a DUI mistakenly believe that there’s no way to fight the suspension if they’ve failed a breathalyzer or blood alcohol test. However, an experienced Orange County criminal defense attorney knows better. Orange County DUI lawyer Robert Miller has spent years educating himself on the current cutting edge science surrounding blood testing and breath testing, and knows how to challenge the validity of BAC test results.

In some cases, the suspension may also be challenged on legal grounds. For example, if the law enforcement officer did not have probable cause to believe that you were violating the law, or that you were under the influence, he may have overstepped his authority in requiring the blood or breath test and the results may be inadmissible.

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Fighting Your DUI Charges

Being charged with driving under the influence doesn’t necessarily mean a DUI conviction. An experienced DUI lawyer may be able to fight the charges against you by:

• Successfully arguing that the police officer did not have reasonable cause to stop you, or to administer a blood or breath alcohol test
• Filing a motion to suppress critical evidence, such as the BAC test result
• Demonstrating that the officer improperly administered or interpreted field sobriety test results
• Calling into question the accuracy or reliability of the chemical test results

Give yourself the advantage of a seasoned DUI defense lawyer on your side. When you retain Orange County DUI attorney Robert Miller to represent you in a California DUI case, Mr. Miller will thoroughly investigate all aspects of your case to determine the best way to fight the charges against you.

See What Our Past DUI Clients are Saying

Robert is professional, incredibly intelligent and not only a great attorney, but a great person to work with.” – Rebecca, from Yelp

I found Robert Miller to be both professional and approachable. He returned my calls quickly and answered my questions with confidence.  I would gladly recommend Robert Miller to anyone who needs top-notch legal counsel and specifically a great DUI defense attorney.” – Elizabeth from Yelp

 

Avoid or Minimize DUI Penalties For You

Attorney Robert Miller has handled thousands of cases and has achieved positive results for many clients in a wide range of circumstances.

Our first step is always to thoroughly examine the specifics of your case for flaws or violations of your rights that will allow us to secure a dismissal. If that isn’t an option, we’ll fight and negotiate aggressively for you, to obtain for the least severe penalties in your case.

You owe it to yourself to see how we can help you today.

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How often are DUI cases expunged in California?

How often are DUI cases expunged in California?

If you have been convicted of a DUI, clearing your record is a worthy goal that most people will have.  An expungement of a California DUI would help clear your criminal record. So you may wonder how often DUI cases are expunged in California.

As it becomes easier and easier for potential employers to obtain digital records of convictions, and as the job market makes job applications more competitive, it is easier and easier for employers to screen out the candidates with a criminal record, which leaves those with a DUI with less and less available jobs to even compete for.  For those reasons, if you have a DUI on your record, expunging it from your record is something you would want to accomplish as rapidly as possible.

What exactly is on my record after a DUI?

It’s important to realize that when speaking about a “record”, that in California, after a DUI conviction you actually have two different records that your DUI shows up on.

The first is your criminal record.  A criminal record will show your arrest, the case number, and the sentence (or what is called the “disposition” on a criminal record).

The second is the driving record.  The driving record will show points from a DUI conviction, whether a wet reckless or a DUI, or any accident or other related traffic tickets.  Any alcohol related conviction will show as a notification on your driving record and will show the date of offense, the date of conviction, and any DMV actions related to the DUI or alcohol-related offense, and the also any filings of an SR22 for insurance purposes.

A criminal conviction stays on your criminal record for life, unless it’s expunged, or pardoned by the Governor of California.  It never automatically “drops off”, like items on your credit report.  It can only be used against you for purposes of alleging a prior DUI for ten years, but it’s still on your record, even after that ten-year period.

Any driving record notation also stays on your record for life.  It can only be used to increase insurance for three years.  The points from any tickets, accidents, or court convictions can only be used against you by the DMV for a three-year period to suspend your license. But the DMV keeps track of your lifetime points for their “negligent operator” program, which is used to pull the licenses of the most serious driving offenders. There is no way to expunge your driving record, only your criminal record.

What exactly is an expungement in California?

An expungement is a motion to the court that, once granted, retroactively dismisses your case from your criminal record. There are some things that by law, an expungement cannot help you with, namely preventing criminal charges for priors for future crimes, getting federal or state licenses, or contracting with the state or federal government.

How does someone qualify for an expungement of a DUI?

In order to get an expungement order granted, you need to first bring the motion. Most counties in California have a court form available online for applying for an expungement, and in addition to the form motion, you must also provide the order for the judge to sign (California has a form for these, Forms CR-180 & CR-181). A copy of your motion must also be mailed or delivered in person to the prosecutor.

You also must meet three requirements in order to get an expungement:

  1. You must be off probation.  Either probation must have expired, or you must bring a motion to terminate probation early first.
  2. You must have completed all the terms of your sentence. The court will look at your court file and make sure that all fines are paid, all alcohol schools are completed, and any community service or special classes or punishment have been finished.
  3. You must not have any other cases pending, and you must not have any convictions after the conviction you are seeking to expunge. Any convictions would be a probation violation.

What does California law state about an expungement?

California’s expungement law, Penal Code 1203.4(a)(1) states:

In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code.” (Emphasis added)

So, how often are DUI cases expunged in California?

I have bolded the sections of the law that state “shall” in the law above because those are truly unusual in law.  In most cases, and in most laws, the law explicitly gives a judge a decision to make, by stating that the judge “may, in his or her discretion”.

The expungement law is different because the use of the term “shall” means that the judge doesn’t have that discretion.  As long as the person seeking an expungement meets the three requirements above, the judge has to grant the expungement petition.

As a result, a high rate of DUI cases are expunged.  The only way to not get an expungement is either to not qualify by not meeting one of the three requirements above, or to not apply for one at all.

Author:  Robert Miller, an Orange County DUI Lawyer at the law firm of Miller & Associates in Newport Beach, California. Contact us for questions or if you need help with an Orange County DUI Matter.

Orange County DUI Checkpoints tonight (December 22, 2018)

Orange County DUI Checkpoints December 22, 2018
Orange County law enforcement have a number of DUI checkpoints and saturation patrols that are planned for this weekend.  Remember that you should avoid the long waits and traffic tie-ups from DUI checkpoints, but also can avoid being arrested for DUI in Orange County at a DUI checkpoint by doing any one of the following:

Unfortunately, the statistics show that DUI checkpoints are a bad idea, and do not work to keep drunk drivers off the road, especially when compared to the much much more effective saturation patrols. Even the police admit as much.  Consider the following comment from a police officer from social media:

“Cop here! DUI check points are not about catching drunk drivers.  DUI checkpoints are a dog and pony show… their sole purpose is to be public events, that is why they must be announced ahead of time by law.  It’s long been known in the law enforcement community that the best way to “fight” drunk driving is by saturation patrols, or, cars that do nothing but hunt/respond to drunk drivers.  Feel free to make this as public as possible.”
The following are the DUI Checkpoints in Orange County announced for this weekend:

Irvine DUI Checkpoint
One of the Orange County DUI Checkpoints is the Irvine DUI Checkpoint, scheduled from 8:30 pm to 2:00 in the morning at Jamboree Road and Michelson in the City of Irvine. (Irvine DUI Information)


Garden Grove DUI Checkpoint
One of the Orange County DUI Checkpoints tonight is the Garden Grove DUI Checkpoint, scheduled for Saturday, December 22nd, 2018, beginning at 9:00 p.m. within Garden Grove City Limits.  (Garden Grove DUI Information) 


According to California DUI caselaw, DUI checkpoints are legal in California, although they have to meet certain strict criteria, including advance publicity, which is how we find out about DUI checkpoints in Orange County.


Contact Us
If you need the help of a DUI attorney Orange County who is experienced in handling DUI checkpoints cases, we can help you, or your loved one.  Consult with us today

Orange County Sheriff’s Department to Target Distracted Driving

Orange County Sheriff’s Department (OCSD)to target distracted driving in special enforcement effort

 OCSD Orange County Sheriff's Department DUI

MISSION VIEJO, Ca. (Feb. 21, 2018)  – The Orange County Sheriff’s Department Traffic Division announced on February 21, 2018, that they will launch a special enforcement effort on Friday, Feb. 23, to target distracted driving in the city of Mission Viejo.

Distracted driving can be more dangerous than DUI, and is defined as anything that takes your eyes or mind off the road, or hands off the steering wheel – especially texting and cell phone use.

A 2016 survey by the California Office of Traffic Safety (OTS) showed that more than 44 percent of Californians cite texting while driving as the most serious distraction for drivers, with more than 54 percent saying they’ve been hit, or nearly hit, by a driver talking or texting on a cell phone.

Engaging in activities that pull a driver’s eyes from the road, such as dialing, texting or reaching for a cell phone, increase the chance of a collision by three times.

Nationally, 3,179 people were killed, and 431,000 injured in collisions involving distracted drivers, according to 2014 statistics analyzed by Distraction.gov.

Laws were enacted to prohibit cell phone and electronic wireless device usage among any driver unless the device is used in a hands-free manner. And any driver under the age of 18 cannot use a cell phone or any other electronic wireless device at all — not hand-held, hands-free, Bluetooth, speakerphone, or any other means.

Cell phone usage is the most common distraction for drivers, but any other activities that pull a driver’s focus from the road could warrant a citation. Although eating, applying makeup, reading directions or driving with a pet in the lap isn’t illegal, if a law enforcement officer determines the practice is distracting enough to be dangerous, a driver may be cited.

California’s Office of Traffic Safety (OTS) offers the following  reminders to stay safe on the road and prevent collisions:

  • Never text and drive.
  • Turn off your phone before you get behind the wheel.
  • Don’t text or call someone when you know they are likely to be driving.
  • Make a pact with your family, spouse, and caregivers to never use the phone with children in the car.
  • Do not eat or drink while driving.
  • Do not program your GPS, MP3 player or other devices while driving.
  • If a phone call is necessary or you need to reroute your map, pull over to a safe parking spot.
  • Do not groom yourself while driving.
  • Do not read.
  • Do not watch videos.
  • Try not to get too involved with passengers in your car.
  • Finally, if something falls to the floor, pull over to a safe parking spot before trying to reach it.

Orange County Sheriff’s Department to Target Distracted Driving: If you have questions about the distracted driving actions in Mission Viejo, contact our Orange County DUI Attorney, Robert Miller.

Orange County DUI Defenses

Blood Alcohol DUI Defenses

Orange County DUI Defenses

Being arrested or charged with a DUI in Orange County can be one of the scariest and stressful events you have ever faced. For the vast majority of people charged with a DUI, it is the only time they have ever been faced with a criminal charge in their lives.
As a result, not only the jail experience, but the overall case is an extremely frightening thing to face. Whether it is your first time in the criminal justice system, or you’ve been there before, you will have to make a decision about whether to hire an attorney or which attorney you should hire to represent you. There are many attorneys who claim to “handle DUIs” but only take your retainer fee and just as quickly take the first offer that comes from the prosecutor.
This is usually not in your best interest. Nor is it in your best interest to hire a DUI lawyer that does not have the experience or training to know what to look for in a case to prepare your best defense – – or how to present a defense to a Court or Jury.

SHOULD I HIRE AN ATTORNEY?

The easy answer is YES. Of course, you should. Think about it this way – – If you had a medical condition that required surgery, would you EVER consider operating on yourself. While not usually life-threatening, the permanent consequences of a DUI conviction can be very serious – – they can include jail (or prison) time, suspension of your driver’s license, fines, massive increases in auto insurance costs, towing and impound costs, alcohol evaluations, DUI school and victim impact classes – – the list goes on and on. With such an exposure to your personal financial health, why would you EVER consider going it alone?
A competent and effective DUI defense lawyer knows how to address your case. The same as a trained doctor knows how to prepare you for surgery; an experienced DUI lawyer knows how to prepare your case. With the right training, experience and expertise, a DUI defense lawyer, such as Orange County DUI Attorney Robert Miller, will know how to investigate the facts of your individual case, research the law (both statutory laws and case precedent), attack the police reports and forensic science in your case and ultimately effectively present your defense to the prosecutor, judge and, in some cases, the jury. Good DUI lawyers recognize issues that will help your case and know how to develop those issues into a good defense. A good DUI lawyer won’t just take your money and tell you to take your first plea offer.
What does this mean? It means that unless you are comfortable just rolling over and taking all the punishment, costs and PERMANENT CONSEQUENCES that come with a DUI conviction, you should ALWAYS hire an experienced DUI lawyer to look out for you, your freedom and your financial health. Don’t do it alone.

WHAT ATTORNEY SHOULD I HIRE?

The attorney-client relationship is a very important, and personal, choice. Who should you hire? Here are some questions to ask that will help you make the right decision.
1. What areas of law do you focus on?
Not all lawyers are the same. Not all lawyers have the same level of training and experience. There are literally HUNDREDS of different specialties and sub-specialties in the field of the law. The best contract lawyer in your State might be the worst at litigation. You may know a superstar civil litigator who knows NOTHING about criminal defense and the defense of DUI charges. If you had a toothache, you wouldn’t go to a podiatrist. The same principle applies to DUI cases. To fully understand the complexity of a DUI charge and be able to thoroughly and effectively defend against one, the lawyer you choose simply must have the training, expertise, and focus of practice to be able to best represent you. While any lawyer can tell you “I handle DUI’s” – – make sure the one you hire focuses a large portion of his or her practice to criminal defense, and specifically DUI related cases.
2. What kind of training do you have?
Don’t be afraid to ask your potential attorney what training he or she has undergone in the field of DUI’s. Lawyers are required to attend continuing legal education, or “CLE” courses every single year to maintain their licenses. A top DUI attorney will attend these sessions in the field of DUI law as to stay on top of the trends and developments that will best help them defend against these types of charges. Your lawyer should be able to tell you what types of classes and seminars they have attended and what the topics covered were. A well versed DUI lawyer will have the latest and best training in issues unique to DUI law, including police procedures, forensics, field sobriety tests, breath tests, blood tests and constitutional law issues.
3. What kind of experience do you have?
While training is extremely important, it is also very important to have a lawyer with real, courtroom experience in these types of cases. Ask your lawyer how well he knows the prosecutors, judges and court staff in Court’s your case is being handled in. Ask your lawyer if they have tried cases, specifically criminal and DUI cases. If your lawyer can’t answer “yes” and can’t give you examples of the Court’s they have litigated in, they probably aren’t worth your time.
4. Will I be able to talk to you personally?
Many lawyers make it difficult to talk to them personally once the client is signed up and the retainer is paid. While it is extremely important that your lawyer has competent and personable staff to handle some administrative duties related to your case, you should be able to discuss the legal issues directly with your lawyer. A good DUI lawyer cares about you and your case. Make sure you like the lawyer that will be looking out for you. Make sure he or she is available and willing to answer all your questions, explain the process and help you through this difficult time in your life. It’s unreasonable to expect a lawyer to drop whatever he or she is doing and take your call the minute you ask, but it is just as unreasonable for your lawyer not to call you back within twenty-four (24) hours and take the time to discuss the case with you.
5. What do you charge?
This is an extremely important question to ask your potential lawyer. A quality DUI lawyer, after having heard the facts of your case and knowing the potential charges against you, should be able to quote you a fee – – and tell you what that fee covers. BEWARE – – if your potential DUI lawyer tells you “we charge the lowest prices in town” or “this is half of what you can expect to be charged at the firm down the street” – – RUN! You want a lawyer that has YOUR best interest at heart, not his or her own. If a lawyer charges you huge “discounted” rates, it’s because they are not giving your case the attention it deserves or running a volume mill of DUI cases to make up for the lower fees. Often these lawyers appear on your case one or two times, and take the first offer the prosecutor gives them! When faced with a criminal charge that has permanent consequences like a DUI, you should KNOW that your lawyer is dedicating the time necessary and fighting as hard as possible for you. If your lawyer takes your case for a “sales price,” along with 100 other individuals in the same boat, who is he or she looking out for? It likely isn’t you. Think about it this way, if a butcher put a stack of meat outside his butcher shop on a table with a sign that said “meat – ½ price” – – would you expect a nice filet mignon dinner? Or would you wonder why the meat was so cheap? You can always find a “lawyer” who will charge a lesser fee, but most of the time these types of attorneys simply do not have the education, training or experience to understand the complexity of DUI law and won’t do the work necessary to present a good defense in your case. Your lawyer should be able to quote you a fee, defend it, and tell you exactly what you get for it. Don’t be afraid to ask.
6. Can you guarantee me a certain outcome?
This is perhaps the single most important question to ask a potential DUI lawyer. If the lawyer tells you he or she can guarantee a certain outcome, politely thank them for their time and get up and walk out the door. Nothing is ever guaranteed in a DUI case – – or any criminal case for that matter. To do so is dangerous and a direct violation of the lawyer’s ethical obligations to his or her client. It is impossible for an attorney to tell you based on a conversation what the outcome of your case will be. To properly evaluate a case, an attorney must review all of the evidence, legal issues, and other numerous other variables. This simply can’t be done based on a conversation or two. You want a lawyer who can tell you, based on experience and knowledge, what types of scenarios you can expect in a case – – but you NEVER want a lawyer to guarantee you ANYTHING.

CONTACT US TODAY

About Us Robert Miller Associates Law Firm
If you have been arrested for a DUI, or know someone who has, we can help. Contact us today.

Orange County DUI Checkpoints January 26, 2018

Orange County DUI Checkpoints January 26, 2018

Orange County DUI Checkpoints January 26, 2018

The Orange County Sheriff’s Department has DUI saturation patrols that are planned for this weekend as Orange County DUI Checkpoints January 26, 2018.  Remember that you should avoid the long waits and traffic tie-ups from DUI checkpoints, but also can avoid being arrested for DUI in Orange County at a DUI checkpoint by doing any one of the following:
Unfortunately, the statistics show that DUI checkpoints are a bad idea, and do not work to keep drunk drivers off the road, especially when compared to the much much more effective saturation patrols. Even the police admit as much.  Consider the following comment from a police officer from social media:
“Cop here! DUI checkpoints are not about catching drunk drivers.  DUI checkpoints are a dog and pony show… their sole purpose is to be public events, that is why they must be announced ahead of time by law.  It’s long been known in the law enforcement community that the best way to “fight” drunk driving is by saturation patrols, or, cars that do nothing but hunt/respond to drunk drivers.  Feel free to make this as public as possible.”
The following are the DUI Checkpoint Activity – in this case, Saturation Patrols in Orange County announced for this weekend.

Dana Point DUI Saturation Patrols

One of the Orange County DUI activity was announced by the OC Sheriff’s Department, who are holding saturation patrols in the City of Dana Point, scheduled on Friday, January 26, 2018, from  6:00 p.m. to 2:00 a.m.
According to California DUI case law, DUI checkpoints are legal in California, although they have to meet certain strict criteria, including advance publicity, which is how we find out about DUI checkpoints in Orange County.
If you need the help of a DUI attorney Orange County who is experienced in handling DUI checkpoints cases, we can help you, or your loved one.  Consult with us today.

Congratulations to the Fall 2017 Scholarship Winner

Congratulations to the Fall 2017 Scholarship Winner

All of the lawyers and staff members at Miller & Associates are dedicated to helping our local and nationwide communities build strong foundations that can enable us to take part in a brighter future. Our students are our future, and helping them helps all of us.

In the past, we started a scholarship that gives us the ability to help students forge that strong foundation. The submission period for that scholarship, Fall 2017, just came to a close. We were truly humbled by the number of scholarship applications we received– 157 total– as well as the exceptionally high quality of every essay. All of the essays were outstanding, and carefully reading and reviewing to choose just one winner was difficult!

We’re pleased to announce we’ve chosen a winner.

Congratulations to Genoveva Dimitrova of Marietta, Georgia!

Congratulations to the Fall 2017 Scholarship Winner

Genoveva is currently a student with plans to become an actor.

The topic that Ms. Dimitrova chose was one of the several available in  the submission period. It was:

  • What challenge(s) have you faced in order to get to where you are today, and how have these challenges shaped who you are, and how will you apply what you have learned from these challenges towards your career goals?

Genoveva took a difficult topic and navigated it with ease, crafting a very personal essay that encourages readers to look at the issues and dangers facing young people. Here’s her winning essay:

Miller And Associates Educational Essay

There’s always that one event in everyone’s lives that changed them forever. They became different afterwards, whether the change is almost immediate or if the change creeps up years later. For me, it happened when I was five years old. I didn’t know what was happening at the time or the impact that it would have on my future. It took until I was nineteen years old for the change to show its ugly head, well ugly in my case. These changes, whether they were good or bad, have shaped our personality, habits, emotions and connections/interactions with other people. They have shaped how we view the world. They have shaped out lives.

When I was five years old, I was molested by a family member, who was only a few years older then me at the time. I had no idea what the world was like and it was changed before I could even find out. I didn’t know the repercussions that would take place as a result of a seven-year old’s curiosity gone wild. Never the less, it molded me and planted habits in me that I didn’t understand until I was much older. I didn’t really understand the connection between love and sex; I’m not entirely sure I do now but that’s a topic for my therapist. As I grew older, I realized that I was always more comfortable in a sexual situation then I would be if I was on a date and had to make conversation. My first year into college, everything that I repressed when I was only a child came out and I began to have flashback of the incidents. As a result, it was hard to be with anyone for a lot period of time.

That is why I chose to be an actor. I can’t rewrite the past. I can’t change what happened to me. But what I can do is help prevent at least one other person from the experience that I went through. That’s where the arts come in. The arts, whether it’s theatre, music, movies or art, is the best place for bringing issues that are usually hard to talk about to the surface. Theatre allows problems to be shoved in people’s faces where it’s hard to ignore them. It presents a mirror to society so they can see all the beauty as well as all the faults. However, it’s the moments after the play that are the most important. Whether people thought the play was bad or good, they leave the theatre discussing the ideas that were posed in the form of entertainment. These ideas tend to creep back into their head for hours, days and maybe even weeks after. They’re at work getting snacks from the vending machine and something reminds them of the play they recently saw. They might even talk to their co-workers about it or maybe they just ponder the ideas for a few moments. That’s all that is needed, a seed. Once that seed is planted, it will eventually grow on it’s own, slowly but surely.

Something horrible happened to me but I am a strong believer that everything happens for a reason. I found my reason and it was presented to me through my passion. I won’t lie and say that I completely understand the exact circumstances that lead to a seven-year old boy to be compelled to do those things to a five-year old girl. However, I have learned contributing factors that encourage those kinds of actions. For example, our society is very explicit now-a-days. Kids are starting to see men and women more sexualized at a way earlier age. Naturally they have reactions to such explicit material but they are not young enough to fully understand these feelings or the consequences that occur if they decide to pursue them. According to statistics. Sexual abuse or exploration that happens between children is the least talked about; it occurs to about 20% of children and that’s just the ones that report it. I want to use my experience and my career to give a voice to those that lost theirs when they were too young to defend themselves.

As a woman, we always have to be on guard. We have to be aware of our surroundings if we are leaving the store late at night. We have to be aware of our surroundings when we are going to work. We have to be aware at all times. Ask any woman and each one will have a story involving a situation where she was forced to do something she didn’t want to or she was made to feel like an object instead of a person. I got out of rehearsal last week at around 9:30pm and I ran out of detergent earlier in the week so I decided to stop by Target on the way home. It takes me about a 15-minute walk to get home and a 7-minute longboard ride. I live in downtown Chicago so it’s pretty well lit and there’s usually people still out at that time of the night. While I was at Target, I noticed a man following me through several different aisle of the store. He was making direct eye contact that still gives me the creeps when I think about it. He had only one item in his cart and didn’t look like he was very interested in getting anything else. He followed me all the way to the check out counters.  After I checked out, I decided to be safe and wait for him to leave first before I left home. However, after he paid for his drink, he came and stood next to me. I ended up getting a Lyft home and a Target employ walked me to my car. I might have over-reacted and maybe it wasn’t what it seemed like but I couldn’t take that chance. I hate that I didn’t feel safe enough to walk home. This is a very small example of a very big problem and this is a best case scenario.

I have become stronger and more resilient as a result of of the challenges that I have had to face. They have made me into the person that I am now and I wouldn’t change it even if I could. These challenges, as rough as they have been, have gave me a purpose and I can use that purpose to make a difference in the world, no matter how small. I can use my stories to prevents others of having to go through what I did. The only way that I know how to do that is through theatre and I intend to use it to my best ability to spread my messages.

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For more information on the next Miller and Associates scholarship period which will be for Spring 2018, please see our law firm’s scholarship page for updates within the next week. Congratulations again, Genoviva! May all your dreams come true.

Advantages of Breathalyzer and How It Works

Advantages of Breathalyzer and How It Works

Advantages of Breathalyzer and How It Works

“Do not drink and drive” is a common quote that is hardly followed by the people. In spite of some progress in last few years, drunk driving claims nearly 10,000 lives and costs almost $194 billion each year in the USA. Seeing this scenario, it becomes highly required to install an alcohol detection system in the car that can help avoid DUI – Driving under influence.

But if you are unaware of this device, you must read ahead to learn more about alcohol detection systems so that you can enjoy the driving safely:

Alcohol has been a responsible factor of approximately one-third of fatal crash, accidents, and deaths. Drunk driving is dangerous for a driver, the passenger and well as the pedestrians. But, the future is near when the car itself will not let you drive if you are drunk or have consumed alcohol more than the legal limits.

Technology has potential solutions to prevent or take control of certain situations. Alcohol detection system is a part of this advanced technology. You are unable to drive once the system detects intoxicated driver with BAC – Blood Alcohol Concentration at or above 0.08% through the provided breathalyzer. This is the possible best solution, for now, to minimize or eliminate drunk driving and the loss it causes.

According to a trustworthy survey conducted in the beginning of 2017, the ignition interlock systems have prevented over 1.77 million drunk driving attempts across the USA. So when the festive season is nearest, you would want to make sure to not to be pulled over by police enforcement and spend holidays in jail. That is indeed an awful thing because nobody wants their license being canceled or paying a hefty amount of fines.

What possible options can you have to avoid all these situations and drive safely and happily? The answer is to install an ignition interlock device in your vehicle. This little thing can be greatly helpful as any amount of alcohol affects your driving skills and vision. So get it installed in your car, but how?

First of all, you have to find a federal and state certified company that provides services for interlock ignition device in vehicles. The procedure goes as below that can guide you step by step:

Installing

A skilled technician installs the alcohol detection device in your vehicle at first and then the client gets the training for how to use it. The installation time of ignition interlock takes 2 to 3 hours.

– Guidance

Once the installation work is finished, the driver gets instructed by a staff member about how to operate it. That way, you feel comfortable and confident to do it by yourself. Practice can make it more easy to use.

– While driving

The IID – Interlock Ignition Device advice you whenever a breath sample is needed even when you are driving on the road and ignition, has been on for a while. It is called a rolling re-test which is important to ensure no alcohol is consumed after the engine has been running for a while.

You get 3 minutes to provide a breath sample and if you fail 3 times in 3 minutes, the system asks you to pull over the vehicle. It does not shut the engine off; Find a safe place to stop the car, turn off the engine and try again to provide a sample.

– Calibration

The device can be calibrated at the service center every 2 months or say 60 days. A text or call you receive as a reminder before a week of the service day. Also, the device displays the date by which the calibration should get done. It is crucial to have Interlock Ignition device as it is a life savior. So get the breathalyzer installed and drive safe, drive happy!

Why do people stay in abusive relationships?

Why do people stay in abusive relationships? 

The question which frustrates police officers, prosecutors, judges, caseworkers, counselors, ER doctors and nurses, family and friends is the title of this article. Those who work with both victims and perpetrators of domestic violence in any capacity will ask themselves this.

They will spend months with women who have been abused, listening to their stories of beatings, rape, threats, and insults, their beloved pets being killed, their valued possessions smashed, and their children too often witnessing violence or being drawn into it.

In therapy, the roots of the violence, and often the acceptance thereof back to their experience in their developmental years will be processed. The warning signs their abuser showed early in the relationship will be identified, as will any patterns they have of choosing abusive men.

Therapists will examine how they couldn’t fix their alcoholic, addicted, abusive, molesting father, so they have a compulsion to find men just like their father and fix them.  New behaviors will be gradually learned, to develop self-confidence and self-respect.

Options for a safe exit plan or for the successful prosecution of their abuser will be laid out. They get restraining orders, a job, a new place to live and start presenting themselves with a new found confidence as they create distance between themselves and the predator that has victimized them.

Then they go back to them. They still love him. He’s a good man. He’s changed. He stopped drinking. It wasn’t so bad. You have to take the good with the bad in a relationship. Or they go out and find another man who could be his twin brother as far as behavior goes.

The legal definition of domestic violence varies between jurisdictions. Generally speaking, it is a form of violence which takes place between people who are married or living together or are family members (United States Department of Justice, n.d.). It is violence which occurs in the confines of a relationship, and often behind closed doors. Much of it is never reported, and the victims suffer in silence.

Why do people allow themselves to be abused?

  • Financial dependence on the abuser.
  • Drug dependence, with the abuser as the supplier.
  • Children with the abuser, which will keep you linked together.
  • The proverbial low self-esteem: I can’t do any better; I know this because he said so
  • Preference for a chaos, crisis-oriented existence, and inability to be comfortable with being treated well.
  • A rigid belief that you have to make a relationship work once you are in it.
  • Repetition compulsion: The unconscious compulsion to re-live a traumatic experience in a vain effort to gain closure (Bowins, 2010).
  • Adaptation to mistreatment. Over time, anything can become acceptable. Human beings are very adaptable, but sometimes this can work against us.
  • Borderline or Histrionic personality disorders. Individuals with these personality disorders will be very dramatic, and seek out crises (Out of the Fog, 2015, Out of the Fog, 2015a).

The dynamics of violence can be complex. It is almost always an interactive process to some degree. This is not blaming the victim; the offender is always responsible for their crime. However, the victim is responsible for their safety. There are men who are narcissistic and sociopathic, who believe their word is law and enforce their law with violence. They dominate those who are weaker, though I have observed many will not step up to another man. They are very bold with a woman or child, however. There are also women who are psychotically unstable, and who do violence to the men in their lives, or their own children. Here are some closing thoughts for both men and women who are in an abusive relationship:

Ladies, if you are with a man who hits you, get away from him, it will not get better. It doesn’t matter if he says he’s sorry, or if he cries real tears; you need to get away and never go back.

Gentleman, if you are with a woman who provokes you constantly, get away from her before you hit her. One day, you may lash out in frustration, and if you are a decent man, you will never forgive yourself for hitting her.

Some people should not be together, no matter how badly they want to. Some relationships cannot be fixed. And some people are incapable of being in a relationship.

References:

Bowins, B. (2010). Repetitive maladaptive behavior: beyond repetition compulsion. American Journal of Psychoanalysis. (3):282-98. doi: 10.1057/ajp.2010.14.

Out of the Fog. (2015). Borderline Personality Disorder. Out of the Fog. http://outofthefog.website/personality-disorders-1/2015/12/6/borderline-personality-disorder-bpd

Out of the Fog. (2015). Histrionic Personality Disorder. Out of the Fog. http://outofthefog.website/personality-disorders-1/2015/12/6/histrionic-personality-disorder-hpd

United States Department of Justice. (n.d.). Domestic violence. https://www.justice.gov/ovw/domestic-violence

CNA Classes Free Info. How to Stop Domestic Abuse. http://cnaclassesfreeinfo.com/how-to-end-domestic-abuse

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