September 24, 2017

Harsh DUI Laws of California May Be Applied To Boat Owners As Well

California’s DUI laws are among the strictest in the country. The law enforcement authorities of California are not taking DUI offenses lightly, and for good reason. After all, if a person is driving under the influence of alcohol, he or she is not merely putting his or her life in danger. Other people may well get hurt as well – the driver’s passengers, others drivers, and even pedestrians. It is no wonder that even misdemeanor DUI offenses come at a very high price in legal terms.

Recently, California authorities decided to extend the DUI law to boaters as well. This means that people operating their boats under the influence of alcohol are going to be put under equal legal pressure and will have to face similar legal penalties as those for car drivers.

This is mostly due to the fact that California has the largest number of boat accidents and fatalities that are related to alcohol abuse. In fact, the official statistics clearly indicates that as much as 25% of all boating accidents are related to DUI.

Operating the vessel under the influence of alcohol is already a pretty serious crime and the sentence may well involve up to a year in county jail or $1,000 in fines or both. In addition, if someone was injured because of your actions during the accident, you may face a year in state prison and up to $5,000 in fines or both.

And again, the process works pretty much the same as it would if you are pulled over for operating a car under the influence of alcohol. To determine the levels of alcohol in your system, the law enforcement authorities will require you to submit to a blood or breath test. Of course, you can refuse to do that, but your refusal may well lead to much more detrimental legal penalties.

The new proposed legislation is merely extending the rights that the law enforcement authorities already have. This means that from now on, they can obtain special search warrants that will allow them to search those suspected of driving under the influence of alcohol and who refused to submit to the tests. Furthermore, the law enforcement authorities can now obtain new search warrants that will allow them test the blood of the suspected DUI driver even if he or she refuses to do so.

Of course, California has always implemented the so-called “implied consent” law. This basically means that if you obtained your driving license in California, you automatically agreed that if you will be pulled over under suspicion of operating a vehicle under the influence of alcohol and will automatically need to submit yourself to the blood alcohol test. Furthermore, under the new legislation, the police required a special warrant, but only if there were no “exigent circumstances”. This implies that waiting for a warrant in such a situation could cause injury, death, or any other type of harm to an individual. The exigent circumstances may very well differ and will be established in court post-factum, since they are not the same in every individual case.

While the legislation does not imply that the law enforcement authorities will need a search warrant each time, it does ease up the pressure on drivers, who were often forcedly pulled over and made to submit to blood tests.

If you or perhaps your loved ones were charged with DUI, it is very important, crucial even, not to hesitate and to make sure that you get in touch with a qualified, experienced legal professional at the earliest opportunity. That way, you will ensure that your legal penalties will be minimized or the charges will be dropped. The DUI attorney will be able to gather all the necessary evidence to establish that the law enforcement authorities had no legal rights to force you to submit to a blood test in the first place. This is how you can get the lowest sentence quickly.

Dmitry Gorin, ESQ
Law Offices of Dmitry Gorin

June 24, 2016

Types Of DUI Evidence The Prosecutor Will Use In Los Angeles Criminal Court

When it comes to driving under the influence of alcohol, the law enforcement authorities can be genuinely ruthless and unforgiving. This is due to the fact that more and more people are injured or even killed during the Los Angeles DUI accidents every year.

With that said, if your Los Angeles drunk driving case is going to go to court, it will be the prosecutor’s job to prove beyond any reasonable doubt that you were in fact operating your vehicle under the influence of alcohol. Sure enough, the prosecutor is going to use all the available evidence against you.

More information is available at Los Angeles DUI criminal defense lawyer website.

First of all, the BAC test results are extremely important when it comes to the Los Angeles DUI cases. Blood Alcohol Concentration tests usually come in two variations – breath test or blood test. Now, some people have certain conditions that will not allow them to take a certain test. For example, people, who are suffering from asthma are more likely to be physically unable to take the breath test. Of course, the law enforcement officers are going to ask them to submit themselves to the blood test instead. There are certain cases, when a person cannot take either test at all. Unfortunately, even if that person is physically unable to take the tests, it will be considered a refusal by law. Refusal to take the tests is penalized additionally in line with the legal regulations.

The legal BAC threshold is .08% of alcohol in a person’s blood. If you were driving with a higher blood alcohol concentration, it is considered that you were driving under the influence of alcohol. However, the law does not specify that a person cannot be driving under the influence of alcohol even with a lower BAC result.

Secondly, the prosecutor is going to use the police report as evidence in a DUI case. The arresting officer was writing down his or her observations on the scene. He or she was observing how you were behaving – the way you moved, the way you spoke, your eyes and a number of additional factors that might be pointing out that you were intoxicated. Of course, the court is going to be more favorable to the police report than to your own words.

Witness statements as well as testimonies can also be used against you by the prosecutor.

Hence, it is apparent that you will need solid defense strategy if you are planning on countering all the evidence. This is one of the many reasons why you will need to get in touch with a qualified as well as genuinely experienced Los Angeles criminal defense attorney at the earliest opportunity. Only a good lawyer will know how to back you up and how counter all the evidence that is being presented against you. One of the more common defense strategies is raising the question on whether the law enforcement officers had any reasons to pull you over in the first place. Without such a reasons, there can be no case to begin with.

April 28, 2016

How Serious Is To Injure a Person While Driving Under The Influence of Alcohol or Drugs

criminal-lawyer Los AngelesIn order for you to be driving under the influence of alcohol, your BAC (Blood Alcohol Content) will need to surpass the .08% limit. If it is higher than this number and you also injured a person during the DUI accident, there are plenty of risks that you will be charged with a felony. In fact, injury is a very extensive notion. Even a bruise could be deemed as an injury, let alone some serious traumas, such as broken bones or head injuries. Drivers, who are operating their vehicles under the influence of alcohol, risk injuring plenty of people. We are talking about other drivers, their passengers and even the pedestrians.

Discover how to develop a better defense strategy to fight felony charges here:  https://www.losangelescriminaldefenselawyers.org

Needless to say, the law enforcement authorities are not all too forgiving when it comes to DUI offenders. After all, the official statistical data clearly demonstrates that more and more people are injured or even killed in the DUI accidents. Hence, in case a person injured another individual while driving under the influence of alcohol, he or she risks facing felony DUI charges.

Furthermore, it is important to understand that a DUI crime with bodily injuries is basically a wobblier. This means that, depending on the circumstances, the crime can be deemed as a misdemeanor or a felony. Some factors that could have an impact on the final verdict are the extent of the injuries, the offender’s previous criminal records, county and state where the crime took place and so on.

When it comes to the penalties for DUI with bodily injuries, the law enforcement authorities are very harsh. We are talking about huge fines – thousands upon thousands of dollars. In addition, do not forget about being obliged to attend a DUI school for several years. The school will need to be approved by the court and you will have to pay for its services on your own. In addition, you will lose your driving privileges for several years, which is also a huge problem, especially seeing how it is nearly impossible to imagine your day to day living without a car.

One way or the other, DUI criminal records, especially the ones that involve bodily injuries, are going to leave a stain for certain. After all, you risk losing your job, since very few employers will tolerate DUI offenders among their staff members. It will be a problem to get a loan from the bank, since DUI offenders do not have privileges and are not eligible to fine conditions.

In the end, in case you or your loved ones were charged with DUI with bodily injuries, it is important not to lose any time and to get in contact with a qualified as well as highly skillful Los Angeles criminal defense attorney at the earliest opportunity. Only a good lawyer will be able to do his best in order to minimize the sentence at the very least. If you are lucky, he may even get the case dismissed.

April 2, 2016

What It Means Being Charged With Opening a Container While Driving

The Penal Code clearly states that no person is allowed to have any container, can or bottle with alcoholic beverages while he or she is driving. It is illegal if the container is open, partially or entirely, if it is half empty or if there are any other signs that the driver was consuming alcoholic beverages while operating the vehicle. In addition, it is also important that the container must not be in a place that is easy to reach for the driver.

With that said, there are certain exceptions in the Penal Code when it comes to open containers. It is perfectly legal for a person, who is benefiting from riding in a vehicle that is transporting him or her for compensation, to have open containers. For instance, limos, buses and taxi cabs all fall under this particular exception. However, drinking on a bus with an open container may lead to potential charges – it may be reason enough to charge a person for disturbing the peace or being intoxicated while in public.

There are situation when an open container is found in a parked car. There is room for an argument here – there is a chance that a person was drinking in public (which is an offense) and placed the container into the car afterwards or that the person was driving with an open container all the way. In many cases, a person is going to be charged with a misdemeanor. However, depending on the circumstances, legal penalties may worsen and turn into something severe. For instance, an individual can even be charged with driving under the influence of alcohol and it will result in losing driving privileges, paying expensive fines, performing community service or even spending time in county jail.

If you or your loved ones were charged with driving with an open container, there is room for different options here, so make sure you use it to your advantage. Still, doing so on your own will be pretty much impossible – you do not have enough knowledge of laws and legal regulations, you do not know how to approach the judge and the prosecution, so it is best to get in touch with a qualified as well as genuinely experienced criminal defense attorney in Los Angeles at the earliest opportunity. That way you will make sure that a professional legal representative is going to come up with a solid defense strategy and will do his or her best to help you. It is imperative to get the case dismissed or to minimize the sentence at the very least and only a good Los Angeles criminal defense lawyer will know how to do it properly.

Los Angeles Criminal Specialists, https://www.losangelescriminaldefenselawyers.org

November 28, 2015

Will Medical Marijuana Prescription Save You From a DUI?

Being charged for driving under the influence of alcohol or illegal substances is a serious crime that may lead to harsh penalties. Due to the increase in DUI accidents all over the nation, it is no wonder that the law enforcement authorities are so determined to put an end to those crimes. Hence, regardless of whether you have committed a felony or even a small misdemeanor DUI crime, you should be prepared for some severe legal actions.

First of all, you risk losing your driver’s license. The arresting officer on the scene will take the license away from you. He will also provide you with a temporary license, which will permit you to drive a car for 30 more days. If you wish to avoid revocation after that period, you will have to initiate an administrative hearing within ten days after the accident.

Furthermore, you will have to pay for all the court fees and high fines from your pocket. Do not forget about the restitution for any damage done. In addition, you might be obliged to attend special alcohol or drug awareness classes, which you will have to pay for out of your pocket as well. Community service is pretty common when it comes to DUI crimes and you will be obliged to spend hundreds of hours performing unpaid labor.

If you will be able to get your driver’s license back, you will still be obliged to get an additional insurance – the SR22. This insurance is designed for high risk drivers and will cost you twice as much as the standard one. An ignition interlock device could be installed in your vehicle to prevent the DUI accidents in the future.

You also risk spending a significant amount of time in jail, which is probably the most frightening perspective of all. However, there are people who have legit medical marijuana permits. These permits make it legal for these individuals to carry around approximately one ounce of marijuana. It is also legal for them to smoke that weed for medical purposes. Very often such individuals insist that having a permit, it makes it legal for them to drive while being under the influence of the drug. It is important to get a clear notion of the situation. First of all, alcohol is absolutely legal all over the nation and you can drink once you hit 21 years. You can drink at home or in a bar with your buddies, and it is perfectly legal (as long as you are not causing any trouble). However, it is illegal to drive your car after drinking alcohol. It is also applies to marijuana – even if you have a permit that will allow you to smoke weed, you can do so in your apartment without breaking any rules or laws. However, if you are caught driving under the influence of medical marijuana, there will be legal consequences, since you endangered the lives of everyone around you on the road

If you were caught with driving under the influence of marijuana, it is very important to get in touch with an experienced DUI attorney. He will have the knowledge and the expertise to help you get the minimal penalty or to get the case dismissed completely. A good Los Angeles criminal defense lawyer is your only chance of dealing with a similar situation properly.

Were you arrested for driving under the influence of medical marijuana? Call us now!

The Law Offices of Criminal Specialists, Los Angeles criminal attorney

September 18, 2015

What Should You Expect At DMV Hearing

If you were charged with driving under the influence of alcohol or any illegal substances, it is very important to get in touch with a qualified as well as genuinely experienced Los Angeles criminal attorney at the earliest opportunity.

Being charged with DUI may have a very negative impact on your life, career, family and reputation. The penalties for driving under the influence of alcohol or illegal substances are quite severe. The very first legal action you will stumble upon is right at the time of your arrest. The arresting officer is going to take your driver’s license from you. Instead, he is going to provide you with a temporary driver’s license that will allow you to operate your vehicle for 30 more days. After that, your driver’s license is going to be revoked or suspended.

If you do not agree with such turn of events, you can fight against this decision. However, in order to get your driver’s license back, you will first need to initiate an administrative DMV (Department of Motor Vehicles) hearing. You will need to file an official request to the DMV within 10 days after the arrest. Otherwise, there will be no way to initiate the hearing and your one chance to get your license back is going to disappear.

Administrative DMV hearing is a very different from the court trial. First of all, there will be no government appointed prosecutor and you will have to deal with the DMV officer. In order to get your license back, you will need to prove beyond any reasonable doubt that the evidence that was used against you is inaccurate or out of date. For instance, at times, the law enforcement officers forget to write down the time of arrest. Therefore, it is nearly impossible to establish precise time of testing. In case the BAC (Blood Alcohol Content) test was not taken on time (within 3 hours after the arrest), its results may be inaccurate and cannot prove that you were actually driving while being intoxicated. Of course, police reports and witness statements may also play against you. However, if there was no actual reason to pull you over (speeding, neglecting traffic lights and so on), the law enforcement officers did not act within the authority and the case is going to be dismissed.

In fact, when it comes to the DMV hearing, there is a number of defense strategies that may help you. However, in order to reap all of the advantages, you will first need to get in touch with an experienced and seasoned Los Angeles criminal defense expert, who had to deal with similar cases in the past and who knows exactly how to proceed in your case. He will go through all of the available evidence in order to determine if the test results were accurate and if the law enforcement officers were right to pull you over.

Therefore, if you or your loved ones need legal representation during the administrative DMV hearing, it is very important for you to hire an expert, who will not let you down and who will use all of his skills, expertise and experienced to your benefit. Regardless of whether you are guilty or not, keeping your driving license should be your priority and you must not let it go. An experience Los Angeles criminal defense lawyer is always there to help you with that.

June 3, 2015

California DUI Law – Is Cannabis Included?

Los Angeles criminal defense lawyerIt is hard to deny that our society often contradicts itself in a number of ways. For instance alcohol and tobacco are both readily available on just about every corner and people can drink or smoke cigarettes at just about any time. On the other hand, marijuana, which is far from being just as dangerous and detrimental as the above-mentioned substances, is deemed as an illegal drug and is prohibited in most of the states. With that said, some people, who may be suffering from certain diseases and illnesses, are often eligible for cannabis usage and get special medicinal marijuana cards that permit them to buy pot for personal usage. These people often want to know if they are going to be arrested for driving under the influence if some dosage of cannabis still remains in their blood. Even though it may seem absurd, in a situation when you were not driving while being high on pot, you can still be arrested for DUI if a certain percentage of cannabis will be found in your blood or urine samples. No medicinal marijuana card will help you in a situation like this one.

It is quite strange how some marijuana in your blood could be equal to drinking a couple of beers on your way home. Consuming alcohol and driving is the most dangerous thing imaginable. Alcohol makes you completely lose control over your actions and changes your behavior in an incredibly drastic way. Marijuana may produce some mental effects that may affect your driving. Getting behind the wheel while being high is also a very unwise idea. Nevertheless, cannabis can be found in one’s blood or urine samples even days after the actual usage. This basically means that you could be taken into custody and accused in driving under the influence even if you are not technically high.

So what are the legal consequences of such an arrest? Well, to begin with, in case it is your first DUI situation, it is going to be considered a misdemeanor. Should you break that law for the second time within 7 years after the first arrest, the crime will be considered a genuine felony. As for the misdemeanor, you can avoid jail time in case you are going to follow the court’s orders, such as DUI school, a certain sum in fines, Victim Impact Panel, driver’s license suspension for 3 months and so on. Nevertheless, if someone was severely injured or killed in an accident that was produced due to your actions and they found some cannabis in your blood, be prepared to face dire consequences, as your crime will be considered a felony.

Still, if it is your first time breaking the law and you did not cause any accident whatsoever, you can count on a much softer verdict, especially if you have a qualified lawyer by your side. That is right – only an experienced attorney, who had to deal with similar cases in the past, will be able to help you avoid any legal consequences whatsoever. After all, the DUI law is far from being perfect and many people get actual sentences for nothing. A qualified criminal lawyer in Los Angeles will not let something like this happen to you, so do not hesitate to get in touch with an actual expert, who actually knows what he is doing and who will support you in legal terms at all time.

January 31, 2015

Practical DUI Advice That Can Save You From Jail

If you wish to avoid any confrontation with the law enforcement officers, who may attempt to arrest you, due to the fact that you have been driving under influence, it is best to avoid consuming alcoholic beverages before getting behind the wheel. Nevertheless, official statistical data clearly indicates that most drivers in our fair nation tend to neglect this valuable advice on recurring basis. The police is already used to catching thousands of people, who were driving, while being drunk, so it is very difficult to fool them.

With that said, some of us do not really care about the police and the DUI charges and next thing you know you are searching for the Los Angeles criminal defense attorney. Some people think that they will never be caught. Yet, if you really intend to drink and drive home afterwards, at the very least control your drinking and do everything you can in order to remain as sober as possible. This means that you should eat plenty of food and drink more water. This is pretty much the basic rule that most of us often neglect or disregard. Not eating properly, while consuming alcoholic beverages is actually a big issue. If you are not going to drink some water and fill your stomach with food, you will more likely get wasted and will most certainly get into some sort of trouble, while being behind the wheel. Hence, do not forget to eat and you will reduce the risks of being pulled over for a DUI inspection and then looking for Los Angeles criminal defense lawyer later on.

In addition, if you plan to drink along with your buddies at some bar or perhaps a night club, plan your exit preliminary, prior to actually consuming alcohol. After all, do you not think that it is only natural for police officers to wait for their “victims” near such drinking establishments. The law enforcement is practically moving their precinct to near the clubs and bars on weekends and holidays. They know that people will not be able to resist and will get behind the wheel after drinking plenty of alcohol. Well, if you were unfortunate enough to park your vehicle near such a bar or night club, prepare for a long and unpleasant chat with the police on your way to the car. Therefore, park your automobile somewhere else, as far away from the place you are going to drink at, as it is possible.

Finally, do not forget to plan your exit thoroughly. After all, the last thing you will want would be to become lost. Besides, if you will not know where you are going, your chances of getting into an accident or committing some traffic violations right in front of the DUI checkpoint increase significantly. Also, do not forget about the speed limit. Unfortunately, this is the major problem in most cases. Speeding will not only expose you for every police officer around you – it will additionally put other people’s lives at risk. Speeding, while driving under influence is a serious crime and in case you will be caught, you risk being sentenced to jail, so think twice before doing anything you are going to regret later on.

In the end, it is very important for you to understand that Los Angeles DUI is a very dangerous risk and you may never know what will be waiting for you around the corner. Even if you are going to a party, where all your friends will be drinking alcohol, just have the courage to say no. After all, you will have to drive home and it is best to drive safe, without being concerned about DUI checkpoints or getting into an accident. Although you may not believe everything you read, just check out the official statistics and discover how many people die in DUI accidents and how many drivers are sentenced to jail time. Indeed, this is the cruel reality, so do not make yourself and people around you a part of the statistical data. Avoid drinking before getting behind the wheel, show that you have some will power to resist the urge and you will have absolutely nothing to worry about. Otherwise, at the very least, follow the above-mentioned recommendations from top Los Angeles criminal lawyer to reduce the risks to the minimum. Click here to go back to lawyers homepage.

January 13, 2015

What Are The Ways To Make Through A DUI Checkpoint Without Even Opening Your Window

Driving under influence of alcohol or drugs can get you in trouble. After all, an intoxicated driver does not only endanger his own life – in addition, he or she puts at risk lives of all other people on the road as well. Hence, you should think twice before drinking and getting behind the wheel.

With that said, there are also pretty harmless situations. For example, you were invited to your best friends’ wedding party. Of course, you simply cannot miss such an exciting event. You take your car and drive to the place of celebration. Seeing how you will have to drive back home, you are not planning to drink at all. However, all your friends are at the party and your best pal is a bit offended because you did not want to join him with one drink. One drink and nothing more, so you figure – a single drink is not going to do any harm. You take a small glass of wine and then party comes to an end. You start driving home, when suddenly you stumble upon a Los Angeles DUI checkpoint, full of vigilant law enforcement officers. Chances are, you will be asked to step out of your vehicle and to handle your papers to the police officer. A simple DUI test will show that you are intoxicated and nothing you say will change that. You are probably going to be arrested and taken to jail. And then you will have to pay a big fine and perform community service. Things can get more ugly if you will not have a professional Los Angeles criminal defense lawyer on your side.

The above-mentioned situation is actually a very real one. People often find themselves in situations like this. Besides, the punishment for driving under influence may be much more severe, depending on what state you are in. For instance, in the state of California, some Los Angeles DUI misdemeanors are punishable with jail time, so it is definitely not something you would like to experience.

Here are some useful suggestions that might help you in case you are pulled over at the DUI checkpoint in Los Angeles. First of all you should know your basic legal rights that will help you avoid any unpleasant complications. Hence, if you were driving back from your best friend’s wedding party, where your drunk a glass of wine and you speed up a bit, do not panic, even though you were stopped by the police officers. When asked to step out of the vehicle, inform the officers that you intend to remain silent and inside your vehicle. If you did break the speed limit, you can always tell the police to put any tickets under your windshield, but you are not obliged to leave your car. In addition, you are not obliged to hand them your driving license. Instead, you are obliged to show it, so you can demonstrate all your papers through your window. In case the law enforcement officers claim that they need to search your vehicle, do not allow them unless they show you a search warrant.

Thus, to summarize the facts – even if you were pulled over for speeding or are suspected in driving under influence of alcohol or drugs, you still have your legal rights that cannot be violated even by the law enforcement officers. You have the right to remain silent as well as to stay inside your vehicle. You are not obliged to give your papers to the police, instead, you can show it to them from the inside of the car. The law enforcement officers have no right to search your car, if you demand to acquire a search warrant. It is very important to understand that some situations at the DUI checkpoint can be resolved nice and easy.

Nevertheless, you should also know that those rights and those rules do not apply for all circumstances. At times, the police officers will have the right to search your car in line with some particular suspicions or due to your violent behavior. They will have the right to demand from you to pass the DUI test, because of your actions and so on. It is quite obvious that driving under influence is very dangerous and you should avoid doing so at all times. However, if you feel that the situation is under control, just remain in your vehicle. That way, you will save your nerves, time and efforts and will be able to act after seeking proper advice from the local Los Angeles attorney. Know your rights and do not neglect to use them.