Getting arrested can be one of the scariest things a person can undergo. Being arrested and charged with a DUI in San Bernardino or Riverside County requires the assistance of an experienced DUI attorney in order to avoid the harsh consequences associated with a criminal conviction.
By hiring an experienced DUI attorney, defendants can be assured that all relevant evidence will be reviewed in an attempt to obtain a favorable negotiating position with the prosecution or secure ground to suppress the blood alcohol results and have the case dismissed pursuant to ta Penal Code 1538.5 motion.
No Probable Cause for Traffic Stop. Police must have probable cause to stop a vehicle before doing so. If the police have witnessed a violation of the Vehicle or Penal Code, that is a sufficient basis to contact the driver. On the other hand, if no probable cause exists, the police are not legally able to stop the vehicle, and all fruit of the poisonous tree may be suppressed.
No Miranda Rights Given. Sometimes, police make the mistake of not reading a person their Miranda rights before placing them under arrest. Miranda rights inform the person of their right to keep silent and to have an attorney present during any questioning. If an officer fails to advise a defendant of their Miranda rights, any verbal statements otherwise admissible will be excluded from evidence.
Inaccurate Field Sobriety Test Results. When officers suspect a person to be drunk, they will ask them to do a series of field sobriety tests. The officer has complete discretion to determine if the person has failed or passed the test. During the testing, the officer must pay close attention to the alleged offender’s coordination, balance and motor skills. Often the belief that the coordination of a person under the influence will be poor is a self-fulfilling prophecy.
Of course, intoxication is not the only reason people do poorly on field sobriety tests. Some reasons people fail the test include:
If you or someone you know has been charged with a DUI, contact an experienced DUI attorney to help minimize your punishment and/or ascertain whether the charge can be beat. Our attorneys are willing to fight aggressively to keep you out of jail and from losing your driving privileges.
Client charged with DUI after witness called into 911 reporting drunk driver who crashed in a residential neighborhood. Negotiated a reckless driving plea for client and also successfully stopped the license suspension by by winning the DMV hearing. (People v. Elysse F.)
Client faced felony DUI charges after getting into car accident while intoxicated. Faced up to 3 years in prison, and an additional 3 years for great bodily injury enhancement. Negotiated misdemeanor deal without any jail or community service and avoided the 1 year license suspension. (People v. Sherrie D.)
First time DUI charge dismissed against driver stopped on suspicion of driving under the influence. Negotiated dry reckless for client prior to trial. (People v. Derrick J.)
Felony charges for DUI against client for a t- bone collision in intersection. Defendant ran from the scene and charged with hit and run. Previous attorney had negotiated felony plea with credit for time served. Took over representation and negotiated misdemeanor sentence without jail time or community service when trial date was set. (People v. Dennis A.)
Client stopped for DUI after officer allegedly saw vehicle commit Vehicle Code violations. Client’s blood alcohol pattern (rising blood) provided a defense and DUI dismissed, with client admitting dry reckless charge. (People v. Michael T.)