San Diego DUI lawyers
First Offense Misdemeanor California DUI
Probation for three to five years
Up to six months in county jail
Ranging from $390-$1000 in fines
Three or nine month alcohol education program approved by the court
Six to ten month license suspension which means you are able to drive during the course of your employment, to and from work, school, and California DUI School.
Second Offense Misdemeanor California DUI
Three to five years probation
96 hours to one year in county jail
Ranging from $390-$1000 in fines
18 month or 30 month alcohol education program approved by the court
2 year license suspension (after twelve months, may be converted to a restricted license)
Third Offense Misdemeanor California DUI
Three to five years probation
120 days to one year in county jail
Ranging from $390-$1000 in fines
30 month alcohol education program approved by the court
3 year license revocation (after 18 months, may be converted to a restricted license)
San Diego DUI lawyers
A DUI (Driving Under the Influence) conviction can result in loss of reputation, costly fines, required attendance at alcohol education classes, suspension or revocation of your driver's license, increase in or cancellation of your auto insurance, placing an ignition interlock in your car, and, in some case jail or prison. In San Diego, California, where most commuters travel the freeways, and public transportation is generally lacking, losing the privilege to drive can be devastating to a person's career, as well as one's personal life.
California DUIs are "priorable" offenses. This means that the punishment increases with each successive drunk driving conviction that takes place within a ten year period. Receiving a DUI in San Diego, California can be severe, depending on whether you're facing your first, second, third, or subsequent driving under the influence conviction. Most drunk driving cases are prosecuted as misdemeanors, although certain offenses will rise to the level of California felony DUI.
San Diego DUI lawyers
Driving Under The Influence
Being arrested or cited for Driving Under the Influence can happen to anybody at anytime and I know this from my personal experience of having been arrested (but not convicted) for drunk driving before becoming a lawyer.
Let me begin by saying that although the laws in California regarding DUI are very tough, it is possible to retain your driving privilege and to even get the court charges against you reduced or dismissed because the rules that must be followed by the police, prosecutors, judges and Department of Motor Vehicles, during and following your arrest, are very specific and these rules can often times be used to your advantage.
Time, however, is working against you.
A DMV hearing must be requested within Ten days
While I highly suggest that you retain counsel as early in the process as you can, if you cannot, it is imperative that you request a hearing with the DMV as soon as possible. You can contact the DMV by calling (858) 627-3901.
If you call I suggest requesting an in-person hearing in the afternoon, a copy of the police report and an extension of your driving privilege.
You cannot, however, rely on a Public Defender to represent you at this hearing.
Public Defenders and The DMV
By law a public defender may not represent you in front of the DMV. Therefore, without retaining counsel you will not be represented at your DMV hearing.
San Diego DUI lawyers
Arraignment
Arraignment is the first step in the pre-trial court process and depending on the charges, the location of appearance and the retention of counsel you may or may not have to appear.
At this hearing we will enter a not guilty plea on your behalf and set future court dates. This not only preserves your right to a jury trial but also allows us time to gather all the evidence, perform legal research and confer with you.
The Pre-Trial Process
During this process we will discuss the specifics of your case with not only the prosecutor but also the Judge.
Prior to any discussions a supervising prosecutor will review your arrest report and based on the contents of that report and also any other evidence they believe would be presented at trial he or she will determine what the initial pre-trial offer will be in your case. The supervising prosecutor does this without knowing who you are represented by and without speaking to your lawyer.
After meeting with the in-court prosecutor to discuss this offer and presenting our evidence we will appear in front of the judge to obtain an indicated sentence should you eventually decide to accept the negotiated offer. The Judge will also set another court date so that we have sufficient time to discuss all of your options.
The better prepared we are for plea bargaining the better offer to resolve your case you will receive.
Plea Bargaining
Plea bargaining could resolve the court case against you because it is during this process that both you (as well as your counsel) and the prosecutor will each fully realize the strength of the evidence that might be presented at trial.
San Diego DUI lawyers
Evidence that exonerates you or raises reasonable doubt about even the smallest detail can convince the prosecutor that his/her case against you is compromised and that you should be offered a reduced charge or even that the entire case against you should be dismissed.
Comprehensive, detailed case preparation is an absolute requirement in order to find and present evidence that raises reasonable doubt.
Case Preparation
Immediately after being arrested for DUI in San Diego all of the evidence to be used, both for and against you, is NOT available.
Every available Arrest Report, Calibration Log, Computer Automated Dispatch (C.A.D.) Report, audio recording; video recording, etc., needs to be reviewed before an aggressive, realistic defense can be formulated.
San Diego DUI lawyers
Attorney Cost
Having personally represented well over 1000 individuals arrested for DUI in San Diego County I can tell you that every attorney must go through the same exact pre-trial process and follow the same rules of court, the same rules of evidence and the same rules of law.
I can also tell you that aggressive, quality DUI representation in San Diego for a first arrest with no accident or injuries should cost you about $2,000.00 because, fundamentally, you are paying for the lawyer’s time and these cases do take a significant amount of time to prepare properly.
In fact, Abraham Lincoln said: “A lawyer’s time and advice are his stock in trade.”
If you recieve estimates of representation significantly above or below this amount you should consider that a warning sign because attorneys offering representation for significantly less could be shortcutting preparation while those attorneys quoting significantly could be charging you for procedures, like jury trial, that most defendants do not utilize.
Jury Trial
George F. Cole’s 2004 study, conducted in the San Diego Superior Court over a one year period, revealed that less than 3% of all drug related cases (alcohol is a drug) actually went to trial.
Typically a defendant will base his or her decision to go to trial on the facts of the case, the pre-trial offer, license status, the cost of experts and the advice provided by your attorney. Unfortunately, however, none of these factors are known prior to representation.
San Diego DUI lawyers
With or against the advice of your attorney you will decide if you are going to take your case to trial. You decide – not the judge, not the prosecutor and not your defense attorney.
This is why attorneys charging you fees for representation that includes jury trial at the outset of your case should be carefully questioned.
Selecting Counsel
You should be able to speak to the supervising attorney during your initial phone call and should be able to easily discern the lawyer’s experience, qualifications, philosophy and pricing all before setting an in-office appointment.
If you do set an in-office consultation you should be able to meet with the senior attorney in the office.
Consider whether or not an attorney can actually prove claims like “Most jury trial victories,” or “More cases won.” These claims cannot be substantiated. To do so would violate the privacy rights of previous or current clients.
Finally, consider whether or not an attorney handles cases other than DUI because if they do not only could they be lesser qualified, but they might also be more focused on a case where they stand to make more money.
San Diego DUI lawyers
Exclusively DUI Defense
Attorneys with extensive experience in all aspects of DUI defense including but not limited to: search and seizure, field sobriety testing, breath testing, due process, illegal interrogation, denial of counsel, and evidentiary issues requiring a basic understanding of anatomy, biology, chemistry, physiology, and toxicology are best suited to help you obtain a dismissal or reduction.
An exclusively DUI defense attorney, like myself, can help you gather the evidence the prosecution can’t or won’t; evaluate the strength of the known evidence (both for and against); apply the most current law to your specific situation; present your case to the DMV; and negotiate your case in court all with the singular purpose of obtaining the best possible result.
San Diego DUI lawyers
Use the resources in this site for further information
First Offense Misdemeanor California DUI
Probation for three to five years
Up to six months in county jail
Ranging from $390-$1000 in fines
Three or nine month alcohol education program approved by the court
Six to ten month license suspension which means you are able to drive during the course of your employment, to and from work, school, and California DUI School.
Second Offense Misdemeanor California DUI
Three to five years probation
96 hours to one year in county jail
Ranging from $390-$1000 in fines
18 month or 30 month alcohol education program approved by the court
2 year license suspension (after twelve months, may be converted to a restricted license)
Third Offense Misdemeanor California DUI
Three to five years probation
120 days to one year in county jail
Ranging from $390-$1000 in fines
30 month alcohol education program approved by the court
3 year license revocation (after 18 months, may be converted to a restricted license)
San Diego DUI lawyers
A DUI (Driving Under the Influence) conviction can result in loss of reputation, costly fines, required attendance at alcohol education classes, suspension or revocation of your driver's license, increase in or cancellation of your auto insurance, placing an ignition interlock in your car, and, in some case jail or prison. In San Diego, California, where most commuters travel the freeways, and public transportation is generally lacking, losing the privilege to drive can be devastating to a person's career, as well as one's personal life.
California DUIs are "priorable" offenses. This means that the punishment increases with each successive drunk driving conviction that takes place within a ten year period. Receiving a DUI in San Diego, California can be severe, depending on whether you're facing your first, second, third, or subsequent driving under the influence conviction. Most drunk driving cases are prosecuted as misdemeanors, although certain offenses will rise to the level of California felony DUI.
San Diego DUI lawyers
Driving Under The Influence
Being arrested or cited for Driving Under the Influence can happen to anybody at anytime and I know this from my personal experience of having been arrested (but not convicted) for drunk driving before becoming a lawyer.
Let me begin by saying that although the laws in California regarding DUI are very tough, it is possible to retain your driving privilege and to even get the court charges against you reduced or dismissed because the rules that must be followed by the police, prosecutors, judges and Department of Motor Vehicles, during and following your arrest, are very specific and these rules can often times be used to your advantage.
Time, however, is working against you.
A DMV hearing must be requested within Ten days
While I highly suggest that you retain counsel as early in the process as you can, if you cannot, it is imperative that you request a hearing with the DMV as soon as possible. You can contact the DMV by calling (858) 627-3901.
If you call I suggest requesting an in-person hearing in the afternoon, a copy of the police report and an extension of your driving privilege.
You cannot, however, rely on a Public Defender to represent you at this hearing.
Public Defenders and The DMV
By law a public defender may not represent you in front of the DMV. Therefore, without retaining counsel you will not be represented at your DMV hearing.
San Diego DUI lawyers
Arraignment
Arraignment is the first step in the pre-trial court process and depending on the charges, the location of appearance and the retention of counsel you may or may not have to appear.
At this hearing we will enter a not guilty plea on your behalf and set future court dates. This not only preserves your right to a jury trial but also allows us time to gather all the evidence, perform legal research and confer with you.
The Pre-Trial Process
During this process we will discuss the specifics of your case with not only the prosecutor but also the Judge.
Prior to any discussions a supervising prosecutor will review your arrest report and based on the contents of that report and also any other evidence they believe would be presented at trial he or she will determine what the initial pre-trial offer will be in your case. The supervising prosecutor does this without knowing who you are represented by and without speaking to your lawyer.
After meeting with the in-court prosecutor to discuss this offer and presenting our evidence we will appear in front of the judge to obtain an indicated sentence should you eventually decide to accept the negotiated offer. The Judge will also set another court date so that we have sufficient time to discuss all of your options.
The better prepared we are for plea bargaining the better offer to resolve your case you will receive.
Plea Bargaining
Plea bargaining could resolve the court case against you because it is during this process that both you (as well as your counsel) and the prosecutor will each fully realize the strength of the evidence that might be presented at trial.
San Diego DUI lawyers
Evidence that exonerates you or raises reasonable doubt about even the smallest detail can convince the prosecutor that his/her case against you is compromised and that you should be offered a reduced charge or even that the entire case against you should be dismissed.
Comprehensive, detailed case preparation is an absolute requirement in order to find and present evidence that raises reasonable doubt.
Case Preparation
Immediately after being arrested for DUI in San Diego all of the evidence to be used, both for and against you, is NOT available.
Every available Arrest Report, Calibration Log, Computer Automated Dispatch (C.A.D.) Report, audio recording; video recording, etc., needs to be reviewed before an aggressive, realistic defense can be formulated.
San Diego DUI lawyers
Attorney Cost
Having personally represented well over 1000 individuals arrested for DUI in San Diego County I can tell you that every attorney must go through the same exact pre-trial process and follow the same rules of court, the same rules of evidence and the same rules of law.
I can also tell you that aggressive, quality DUI representation in San Diego for a first arrest with no accident or injuries should cost you about $2,000.00 because, fundamentally, you are paying for the lawyer’s time and these cases do take a significant amount of time to prepare properly.
In fact, Abraham Lincoln said: “A lawyer’s time and advice are his stock in trade.”
If you recieve estimates of representation significantly above or below this amount you should consider that a warning sign because attorneys offering representation for significantly less could be shortcutting preparation while those attorneys quoting significantly could be charging you for procedures, like jury trial, that most defendants do not utilize.
Jury Trial
George F. Cole’s 2004 study, conducted in the San Diego Superior Court over a one year period, revealed that less than 3% of all drug related cases (alcohol is a drug) actually went to trial.
Typically a defendant will base his or her decision to go to trial on the facts of the case, the pre-trial offer, license status, the cost of experts and the advice provided by your attorney. Unfortunately, however, none of these factors are known prior to representation.
San Diego DUI lawyers
With or against the advice of your attorney you will decide if you are going to take your case to trial. You decide – not the judge, not the prosecutor and not your defense attorney.
This is why attorneys charging you fees for representation that includes jury trial at the outset of your case should be carefully questioned.
Selecting Counsel
You should be able to speak to the supervising attorney during your initial phone call and should be able to easily discern the lawyer’s experience, qualifications, philosophy and pricing all before setting an in-office appointment.
If you do set an in-office consultation you should be able to meet with the senior attorney in the office.
Consider whether or not an attorney can actually prove claims like “Most jury trial victories,” or “More cases won.” These claims cannot be substantiated. To do so would violate the privacy rights of previous or current clients.
Finally, consider whether or not an attorney handles cases other than DUI because if they do not only could they be lesser qualified, but they might also be more focused on a case where they stand to make more money.
San Diego DUI lawyers
Exclusively DUI Defense
Attorneys with extensive experience in all aspects of DUI defense including but not limited to: search and seizure, field sobriety testing, breath testing, due process, illegal interrogation, denial of counsel, and evidentiary issues requiring a basic understanding of anatomy, biology, chemistry, physiology, and toxicology are best suited to help you obtain a dismissal or reduction.
An exclusively DUI defense attorney, like myself, can help you gather the evidence the prosecution can’t or won’t; evaluate the strength of the known evidence (both for and against); apply the most current law to your specific situation; present your case to the DMV; and negotiate your case in court all with the singular purpose of obtaining the best possible result.
San Diego DUI lawyers
Use the resources in this site for further information
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