ALBANY — New York State would make it a felony to drive while intoxicated with a child in the vehicle and would require first-time convicted drunken drivers to buy a device that prevents them from driving their cars if they have been drinking, under a bill passed by the State Assembly on Tuesday.
The measure, which would significantly toughen penalties for drunken driving, could be passed by the Senate and sent to the governor this week. It would make New York the second state, after Arizona, in which drivers under the influence of alcohol could be charged with a felony if they have children as passengers.
New York would also be one of only a dozen states that force drivers convicted for the first time of drunken driving to install what is called an interlock device, which measures the alcohol content of a driver’s breath and prevents the engine from starting if it detects too high a level.
The push for harsher drunken-driving penalties follows two recent crashes in New York in which children were killed while traveling with adults who had been drinking.
In July, a Long Island woman drove the wrong way on the Taconic Parkway in Westchester County and killed eight people, including her 2-year-old daughter and three young nieces. The driver, who also died, had a blood alcohol content of 0.19 percent, more than double the 0.08 percent that qualifies as being intoxicated while driving, and had marijuana in her system.
And in October, an 11-year-old girl, Leandra Rosado, was killed after the mother of one of her friends, who has since been charged with vehicular manslaughter and driving while intoxicated, flipped her car on the Henry Hudson Parkway in Manhattan. The new law was named in honor of the girl.
Leandra’s father, Lenny Rosado, wept on Tuesday as he stood with lawmakers in the State Capitol to announce an agreement on the new stricter laws.
“Everyone who takes a drink and gets behind the wheel is going to think twice about driving whether there are children in the car,” Mr. Rosado said. “My daughter’s name and her death will make a difference.”
Under the measure, which Mr. Paterson has said he supports, drivers convicted of being drunk while carrying passengers 15 years or younger could face up to four years in prison.
Though the proposal was expected to get overwhelming support in the Legislature, some warned that the measure was not being given a thorough study.
“This bill has floated through so quickly, and I believe there are a lot of voices who would like to be heard,” said Assemblyman Vito J. Lopez, a Democrat from Brooklyn. “They will never be heard, and the reason they will never be heard is because there’s too much emotionalism.”
Courts in New York convicted 37,695 people for drunken driving last year, and across the country people who drink and drive kill about 13,000 people a year.
Source
Monday, December 28, 2009
Tuesday, December 15, 2009
KESTENBAUM, EISNER & GORIN, LLP ANNOUNCE MAJOR LOS ANGELES DUI LAW CHANGES
Kestenbaum, Eisner & Gorin, LLP, a premier Los Angeles DUI defense law firm, is working to make the public aware of new state legislation involving new DUI laws impacting Los Angeles, Southern California and the rest of the state.
Governor Schwarzenegger recently signed into law major changes to Los Angeles DUI legislation which require certain drivers with prior DUI convictions to pass sobriety tests before driving. The first bill, proposed by Democratic Assemblyman Mike Feuer, established a pilot program requiring a breathalyzer to be installed in vehicles owned/operated by “first-time DUI offenders.” The breathalyzer will not allow the car to start until the driver measures a blood-alcohol concentration under the legal limit of .08% in California.
A second Los Angeles DUI law allows repeat DUI offenders to apply for a restricted driver’s license if they allow breathalyzers to be installed in their vehicles.
The Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin, is determined to provide top-notch legal representation for anyone charged with or arrested for DUI in Southern California. Drunk driving is a serious offense, and only a qualified Los Angeles DUI defense attorney can assist those who are facing serious consequences.
Los Angeles DUI Consequences
For anyone convicted of a DUI crime in Los Angeles, he or she can expect the following punishments:
· Hefty fines
· Potential jail time
· Restricted driving privileges
· Loss of driver’s license
· And long probationary periods
To properly defend against these consequences, contact the Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin. Their Los Angeles DUI Law Firm has a long track record of successfully defending people facing life-changing DUI consequences.
About Kestenbaum, Eisner & Gorin
The Los Angeles DUI attorneys at Kestenbaum Eisner & Gorin LLP specialize in the aggressive defense of DUI (driving under the influence of either drugs or alcohol) charges resulting from drunken driving arrests throughout Southern California. The attorneys at Kestenbaum, Eisner & Gorin are Former Senior Los Angeles Prosecutors with more than 50 years experience litigating DUI charges in court and at DMV hearings. This Los Angeles DUI defense firm has been recognized as a Top 5% U.S Law Firm year after year, receiving a “Preeminent” rating from Martindale-Hubbell, a nationally-recognized lawyers’ review company. The firm specializes in defending DUI cases in Los Angeles Superior Courts including in the San Fernando Valley, the Santa Clarita Valley, Pasadena, Metro Court on 1945 S. Hill Street and throughout Southern California.
Source
Governor Schwarzenegger recently signed into law major changes to Los Angeles DUI legislation which require certain drivers with prior DUI convictions to pass sobriety tests before driving. The first bill, proposed by Democratic Assemblyman Mike Feuer, established a pilot program requiring a breathalyzer to be installed in vehicles owned/operated by “first-time DUI offenders.” The breathalyzer will not allow the car to start until the driver measures a blood-alcohol concentration under the legal limit of .08% in California.
A second Los Angeles DUI law allows repeat DUI offenders to apply for a restricted driver’s license if they allow breathalyzers to be installed in their vehicles.
The Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin, is determined to provide top-notch legal representation for anyone charged with or arrested for DUI in Southern California. Drunk driving is a serious offense, and only a qualified Los Angeles DUI defense attorney can assist those who are facing serious consequences.
Los Angeles DUI Consequences
For anyone convicted of a DUI crime in Los Angeles, he or she can expect the following punishments:
· Hefty fines
· Potential jail time
· Restricted driving privileges
· Loss of driver’s license
· And long probationary periods
To properly defend against these consequences, contact the Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin. Their Los Angeles DUI Law Firm has a long track record of successfully defending people facing life-changing DUI consequences.
About Kestenbaum, Eisner & Gorin
The Los Angeles DUI attorneys at Kestenbaum Eisner & Gorin LLP specialize in the aggressive defense of DUI (driving under the influence of either drugs or alcohol) charges resulting from drunken driving arrests throughout Southern California. The attorneys at Kestenbaum, Eisner & Gorin are Former Senior Los Angeles Prosecutors with more than 50 years experience litigating DUI charges in court and at DMV hearings. This Los Angeles DUI defense firm has been recognized as a Top 5% U.S Law Firm year after year, receiving a “Preeminent” rating from Martindale-Hubbell, a nationally-recognized lawyers’ review company. The firm specializes in defending DUI cases in Los Angeles Superior Courts including in the San Fernando Valley, the Santa Clarita Valley, Pasadena, Metro Court on 1945 S. Hill Street and throughout Southern California.
Source
Saturday, November 28, 2009
Man pleads no contest to killing rabbi in 2007 Long Beach DUI crash
LONG BEACH - A 30-year-old Los Angeles man pleaded no contest Wednesday to a charge that he killed a 61-year-old rabbi while driving drunk two years ago.
Willie Norton Jr., 30, entered his plea - considered the same as a guilty plea in criminal court - as jury selection was slated to begin in his trial Wednesday, said Long Beach Police Sgt. Hans Kohnlein.
After entering his plea Norton was promptly sentenced to 17 years in prison, said Kohnlein, who is in charge of the Accident Investigations Detail.
The victim, Gilbert Shaffer, was visiting from Brooklyn, New York, on March 7, 2007, when the fatal crash occurred.
The car Shaffer was driving - a white 2007 Saturn Ion - was hit by Norton's gold 1990 Cadillac Fleetwood and Shaffer was pronounced dead at the scene.
Investigators said then that Norton's Cadillac spun out of control after he was hit by a Los Angeles Metro bus near Pacific Coast Highway and Long Beach Boulevard.
Investigators said Norton appeared to be drunk and the cause of the crash. He was eventually arrested and charged with the rabbi's death in October of 2007.
Relatives of Shaffer said the rabbi - who lived in the Crown Heights neighborhood of Brooklyn, New York - was in Long Beach on a business trip at the time of his death.
The driver of the Metro bus, a 24-year-old Whittier man, was never charged in the fatal crash.
Source
Willie Norton Jr., 30, entered his plea - considered the same as a guilty plea in criminal court - as jury selection was slated to begin in his trial Wednesday, said Long Beach Police Sgt. Hans Kohnlein.
After entering his plea Norton was promptly sentenced to 17 years in prison, said Kohnlein, who is in charge of the Accident Investigations Detail.
The victim, Gilbert Shaffer, was visiting from Brooklyn, New York, on March 7, 2007, when the fatal crash occurred.
The car Shaffer was driving - a white 2007 Saturn Ion - was hit by Norton's gold 1990 Cadillac Fleetwood and Shaffer was pronounced dead at the scene.
Investigators said then that Norton's Cadillac spun out of control after he was hit by a Los Angeles Metro bus near Pacific Coast Highway and Long Beach Boulevard.
Investigators said Norton appeared to be drunk and the cause of the crash. He was eventually arrested and charged with the rabbi's death in October of 2007.
Relatives of Shaffer said the rabbi - who lived in the Crown Heights neighborhood of Brooklyn, New York - was in Long Beach on a business trip at the time of his death.
The driver of the Metro bus, a 24-year-old Whittier man, was never charged in the fatal crash.
Source
Sunday, November 15, 2009
Families of drunk driving victims giving back in MADD fundraiser
Hank Alvarez has learned to cope with the pain of losing a child since his son was killed in an accident caused by a drunken driver more than seven years ago.
Steven Alvarez, a 20-year-old wrestling coach at West High School, was driving along Western Avenue in April 2003 when he was broadsided by Ricardo Pena, 22.
Steven Alvarez was taken off life support the next day, while authorities said that Pena's blood-alcohol level was over the legal limit.
"The hardest thing about losing someone is learning how to live with the pain," said Alvarez, a longtime Torrance resident. "You move on, but it's still not easy."
Through the most difficult times, Alvarez relied on support from families who had experienced similar losses.
Now he's giving back by participating in Saturday's "Walk Like MADD" fundraiser in Long Beach, sponsored by the Los Angeles-Ventura chapter of Mothers Against Drunk Driving.
The event will start at 9 a.m. at the Queen Mary Events Park, 1126 Queens Highway.
Alvarez has participated in the charity event for the last six years to honor his son's memory. His team, "Alvy 59," has already raised nearly $900.
"I can still picture how it happened, when the officers told me he got hit," he said. "To this day, I can picture it in my mind."
Several other South Bay families, including Palos Verdes Estates resident Marlene Young, also are participating in the event.
Young organized a team in memory of her daughter, Whitney Young, who died in a drunken driving accident in January 2006.
In her third year walking, Young has put an extra emphasis on finding children and teenagers to participate for her daughter's team, "Whitney's All Stars."
"That's what we want, young people talking to young people to create positive peer pressure against drunk driving," she said.
Young has channeled her pain by volunteering for MADD. To her, every person educated is a person saved. She has also enlisted the support of the Palos Verdes Estates Police Department, which signed up a team of virtual walkers to raise funds.
"My reason for doing it every year is just to try to impact one person," she said. "Someone could be spared the tragedy that we've had to experience."
MADD's goal for the walk is to raise $800,000 to help local volunteers who organize community support groups and preventative programs to combat drunken driving.
Statistics show that 41 percent of fatal crashes are alcohol related.
Cheryl Matasso, a Harbor City resident who will walk Saturday, volunteers for MADD by speaking to the community about ways to prevent these accidents.
Source
Steven Alvarez, a 20-year-old wrestling coach at West High School, was driving along Western Avenue in April 2003 when he was broadsided by Ricardo Pena, 22.
Steven Alvarez was taken off life support the next day, while authorities said that Pena's blood-alcohol level was over the legal limit.
"The hardest thing about losing someone is learning how to live with the pain," said Alvarez, a longtime Torrance resident. "You move on, but it's still not easy."
Through the most difficult times, Alvarez relied on support from families who had experienced similar losses.
Now he's giving back by participating in Saturday's "Walk Like MADD" fundraiser in Long Beach, sponsored by the Los Angeles-Ventura chapter of Mothers Against Drunk Driving.
The event will start at 9 a.m. at the Queen Mary Events Park, 1126 Queens Highway.
Alvarez has participated in the charity event for the last six years to honor his son's memory. His team, "Alvy 59," has already raised nearly $900.
"I can still picture how it happened, when the officers told me he got hit," he said. "To this day, I can picture it in my mind."
Several other South Bay families, including Palos Verdes Estates resident Marlene Young, also are participating in the event.
Young organized a team in memory of her daughter, Whitney Young, who died in a drunken driving accident in January 2006.
In her third year walking, Young has put an extra emphasis on finding children and teenagers to participate for her daughter's team, "Whitney's All Stars."
"That's what we want, young people talking to young people to create positive peer pressure against drunk driving," she said.
Young has channeled her pain by volunteering for MADD. To her, every person educated is a person saved. She has also enlisted the support of the Palos Verdes Estates Police Department, which signed up a team of virtual walkers to raise funds.
"My reason for doing it every year is just to try to impact one person," she said. "Someone could be spared the tragedy that we've had to experience."
MADD's goal for the walk is to raise $800,000 to help local volunteers who organize community support groups and preventative programs to combat drunken driving.
Statistics show that 41 percent of fatal crashes are alcohol related.
Cheryl Matasso, a Harbor City resident who will walk Saturday, volunteers for MADD by speaking to the community about ways to prevent these accidents.
Source
Wednesday, October 28, 2009
DUI, murder suspect pleads not guilty
SAN FERNANDO - A 20-year-old Canyon Contry man pleaded not guilty Wednesday to charges he drunkenly plowed his pickup truck into a group of bicyclists in a canyon north of Saugus, killing one and injuring at least three others.
Marco Valencia wore a beard and a green county jail jumpsuit to his arraignment in San Fernando Superior Court, remaining relatively quiet after loudly answering "present" when the judge called his name.
Valencia was on probation with a suspended driver's license at the time of the crash, having two prior DUI convictions. He faces life in prison if convicted.
Los Angeles County sheriff's deputies arrested him July 11, after he fled the scene of a crash that killed 43-year-old Stevenson Ranch resident Joe Novotny and injured at least three other bicyclists riding on a winding stretch of Bouquet Canyon Road.
Novotny, a Minnesota native, was an avid and experienced bicyclist who recently moved to Stevenson Ranch to become the general manager of a Valencia-based liquid-filter company.
Witnesses and investigators told The Signal earlier this month that Valencia had been driving erratically through Saugus miles before the fatal crash - he drifted across lanes, drove up onto curbs and ran into a chain-link fence.
Valencia was most recently convicted of driving under the influence last year after he ran into a power pole in Canyon Country, knocking out power to nearby residents for hours.
The then-teenager received his first DUI conviction in 2007.
In the current case, he faces 12 felony counts, including one of murder, gross vehicular manslaughter while intoxicated, felony hit-and-run and several other charges.
Source
Marco Valencia wore a beard and a green county jail jumpsuit to his arraignment in San Fernando Superior Court, remaining relatively quiet after loudly answering "present" when the judge called his name.
Valencia was on probation with a suspended driver's license at the time of the crash, having two prior DUI convictions. He faces life in prison if convicted.
Los Angeles County sheriff's deputies arrested him July 11, after he fled the scene of a crash that killed 43-year-old Stevenson Ranch resident Joe Novotny and injured at least three other bicyclists riding on a winding stretch of Bouquet Canyon Road.
Novotny, a Minnesota native, was an avid and experienced bicyclist who recently moved to Stevenson Ranch to become the general manager of a Valencia-based liquid-filter company.
Witnesses and investigators told The Signal earlier this month that Valencia had been driving erratically through Saugus miles before the fatal crash - he drifted across lanes, drove up onto curbs and ran into a chain-link fence.
Valencia was most recently convicted of driving under the influence last year after he ran into a power pole in Canyon Country, knocking out power to nearby residents for hours.
The then-teenager received his first DUI conviction in 2007.
In the current case, he faces 12 felony counts, including one of murder, gross vehicular manslaughter while intoxicated, felony hit-and-run and several other charges.
Source
Thursday, October 15, 2009
Westminster City Councilman Facing Possible DUI Charges
LOS ANGELES (KNX 1070 NEWSRADIO) -- A Westminster City Councilman is facing possible DUI charges, after smashing his Mercedes into a power pole over the weekend and knocking out electricity to more than 300 homes. Andy Quach says he takes full responsibility for the crash and is ready to face the consequences... although he's not admitting to being drunk.
He says he must've drifted off to sleep while driving. Quach was hurt in the accident - but nothing major. He didn't take a breathalyzer test, but did take a blood test...those results could take a couple of weeks.
Source
He says he must've drifted off to sleep while driving. Quach was hurt in the accident - but nothing major. He didn't take a breathalyzer test, but did take a blood test...those results could take a couple of weeks.
Source
Monday, September 28, 2009
LOS ANGELES PRIVATE INVESTIGATOR PROVES CHILD NEGLECT AND ENDANGERMENT ISSUES THROUGH LAW ENFORCEMEN
Increasingly, allegations of child neglect and endangerment are viewed as “child custody disputes” within the jurisdiction of family law courts. Accordingly, it is becoming more common for a parent to levy allegations of abuse and report such claims to the Department of Social Services to initiate a formal investigation.
Many concerned parents get a rude awakening when Child Protective Services’ reports turn up “Unfounded” results and they learn no further action will be taken. This can be a nightmare to any parent who has intimate knowledge of the abusive parent’s potential to harm the child.
In reality, most such cases are treated as “Child Custody Disputes” by family court. A contested child custody dispute can be a financially and emotionally frustrating endeavor. Many times the case can be reduced to legal theatrics by ambitious attorneys prolonging the legal agony for profit. Most cases will be invariably predicated on unsubstantiated facts and the implied consequences on the child. These cases will lack direct evidence to support the allegations to materially implicate the bad parent.
The child custody experts at Lead Investigation Group, Inc. specialize in handling such custody cases by introducing direct and relevant evidence. The agency consults and investigates complex custody cases private clients and Certified Family Law Specialist attorneys. The agency employs all its resources including use of law enforcement assistance when necessary to properly document and investigate criminal offenses (ie: DUI arrests, narcotics possession, domestic violence, or money laundering and financial crimes.) The investigations supplement the routine investigation conducted by the agency (ie: documentation of alcohol or drug dependency, relationship with or cohabitation with a new partner who is unfit, or through documentation of any pattern of behavior indicative of emotional abuse or neglect.) These efforts generate overwhelming evidence that would otherwise remain undiscovered.
In a recent case, Lead Investigation Group's Orange County private investigators documented a subject's alcohol intake during a weekend visitation with the minor child. The investigators noted the mother's impaired motor functions, as she drove to the babysitter's house to pick up the child. While transporting the child, the mother was detained and arrested for DUI by the Orange County Sheriff's Department. The evidence of the mother's alcohol intake was presented by the investigators and a conviction for willfull child endangerment and a DUI was sustained. Accordingly, custody was turned over to the father of the child, as the mother was deemed a potential threat to the minor child.
Lead Investigation Group’s investigators are subject matter experts and testify to these findings and present legally admissible audio and video recorded evidence to bolster the case. The findings are usually the key to a favorable custody ruling or modification.
The agency’s private detectives have leveraged hundreds of cases in nearly every Family Court venue in California. Since October 2008, the agency has had a 100% success rate in Ex-Parte motions filed in Orange County, Los Angeles, San Diego, Riverside and San Francisco County.
Source
Many concerned parents get a rude awakening when Child Protective Services’ reports turn up “Unfounded” results and they learn no further action will be taken. This can be a nightmare to any parent who has intimate knowledge of the abusive parent’s potential to harm the child.
In reality, most such cases are treated as “Child Custody Disputes” by family court. A contested child custody dispute can be a financially and emotionally frustrating endeavor. Many times the case can be reduced to legal theatrics by ambitious attorneys prolonging the legal agony for profit. Most cases will be invariably predicated on unsubstantiated facts and the implied consequences on the child. These cases will lack direct evidence to support the allegations to materially implicate the bad parent.
The child custody experts at Lead Investigation Group, Inc. specialize in handling such custody cases by introducing direct and relevant evidence. The agency consults and investigates complex custody cases private clients and Certified Family Law Specialist attorneys. The agency employs all its resources including use of law enforcement assistance when necessary to properly document and investigate criminal offenses (ie: DUI arrests, narcotics possession, domestic violence, or money laundering and financial crimes.) The investigations supplement the routine investigation conducted by the agency (ie: documentation of alcohol or drug dependency, relationship with or cohabitation with a new partner who is unfit, or through documentation of any pattern of behavior indicative of emotional abuse or neglect.) These efforts generate overwhelming evidence that would otherwise remain undiscovered.
In a recent case, Lead Investigation Group's Orange County private investigators documented a subject's alcohol intake during a weekend visitation with the minor child. The investigators noted the mother's impaired motor functions, as she drove to the babysitter's house to pick up the child. While transporting the child, the mother was detained and arrested for DUI by the Orange County Sheriff's Department. The evidence of the mother's alcohol intake was presented by the investigators and a conviction for willfull child endangerment and a DUI was sustained. Accordingly, custody was turned over to the father of the child, as the mother was deemed a potential threat to the minor child.
Lead Investigation Group’s investigators are subject matter experts and testify to these findings and present legally admissible audio and video recorded evidence to bolster the case. The findings are usually the key to a favorable custody ruling or modification.
The agency’s private detectives have leveraged hundreds of cases in nearly every Family Court venue in California. Since October 2008, the agency has had a 100% success rate in Ex-Parte motions filed in Orange County, Los Angeles, San Diego, Riverside and San Francisco County.
Source
Tuesday, September 15, 2009
LA DUI Lawyers' False Promises of Dismissal
You have just been arrested for a DUI in Los Angeles. Naturally, you are concerned. You need help so you decide to meet with an LA DUI lawyer who tells you that your case can be dismissed. Ahh, dismissal, the magic word. Or is it? Was that Los Angeles DUI lawyer being honest with your or just making an empty promise of a dismissal?
As an LA DUI lawyer, it's easy to tell someone arrested for a DUI that you can get their case dismissed. After all, it's only natural for someone charged with a DUI to want to avoid a conviction. They are concerned about going to jail, their job, their driver's license. They want good news. Unfortunately, a dismissal is not a realistic option on all DUI cases. What's even more unfortunate is that many Los Angeles DUI lawyers know this yet still use words like "dismissal" in an effort to get you to hire them.
An experienced LA DUI lawyer should know how to draw out the necessary information from a potential DUI client to thoroughly evaluate their case. To that end, it is the duty of any credible LA DUI lawyer to be able to advise a client as to what they can reasonably expect to happen on their case. This would include breaking down both the best and worst case scenario.
Now while a "dismissal" would always be the best case scenario on any criminal case, not just a DUI, it is not always a realistic option. For example, let's say you have a Los Angeles DUI case in which your blood alcohol concentration is extremely high, above a .20% for example. Then, absent some glaring violation of your rights or technicality, the likelihood of a dismissal of your DUI case is not too realistic. Your case will most likely be one about damage control such as avoiding jail or a license suspension in which case an experienced LA DUI lawyer is still of great value to you.
If an LA DUI lawyer is talking dismissal for a DUI case as described above, they are doing nothing more then praying upon your emotions in hopes of getting your money. It is unfair and misleading and will certainly lead to a confrontation when the client figures out that their Los Angeles DUI lawyer has made nothing more than a false promise.
It's sad but true. Many LA DUI lawyers know you are in a position where you want to hear something extremely positive and they are relying on this to get you to hire them.
So what can you do to protect yourself against the false promises of "dismissal" for LA DUI lawyers more concerned about getting your money then truly helping you? The following is a list of tips that will assist you in making sure you hire the right Los Angeles DUI lawyer:
Source
As an LA DUI lawyer, it's easy to tell someone arrested for a DUI that you can get their case dismissed. After all, it's only natural for someone charged with a DUI to want to avoid a conviction. They are concerned about going to jail, their job, their driver's license. They want good news. Unfortunately, a dismissal is not a realistic option on all DUI cases. What's even more unfortunate is that many Los Angeles DUI lawyers know this yet still use words like "dismissal" in an effort to get you to hire them.
An experienced LA DUI lawyer should know how to draw out the necessary information from a potential DUI client to thoroughly evaluate their case. To that end, it is the duty of any credible LA DUI lawyer to be able to advise a client as to what they can reasonably expect to happen on their case. This would include breaking down both the best and worst case scenario.
Now while a "dismissal" would always be the best case scenario on any criminal case, not just a DUI, it is not always a realistic option. For example, let's say you have a Los Angeles DUI case in which your blood alcohol concentration is extremely high, above a .20% for example. Then, absent some glaring violation of your rights or technicality, the likelihood of a dismissal of your DUI case is not too realistic. Your case will most likely be one about damage control such as avoiding jail or a license suspension in which case an experienced LA DUI lawyer is still of great value to you.
If an LA DUI lawyer is talking dismissal for a DUI case as described above, they are doing nothing more then praying upon your emotions in hopes of getting your money. It is unfair and misleading and will certainly lead to a confrontation when the client figures out that their Los Angeles DUI lawyer has made nothing more than a false promise.
It's sad but true. Many LA DUI lawyers know you are in a position where you want to hear something extremely positive and they are relying on this to get you to hire them.
So what can you do to protect yourself against the false promises of "dismissal" for LA DUI lawyers more concerned about getting your money then truly helping you? The following is a list of tips that will assist you in making sure you hire the right Los Angeles DUI lawyer:
Source
Friday, August 28, 2009
California DUI Lawyer Explains What to do if You're Stopped for a DUI
LONG BEACH, Calif., July 29 /PRNewswire/ -- Nationally-known California DUI attorney Lawrence Taylor, author of Drunk Driving Defense, offers this advice:
"What should I do if I'm stopped for suspicion of DUI?"
First, don't flunk the "attitude test": Be pleasant and cooperative with the officer. But that doesn't mean to do everything you're asked. For example, you're not required by law to take the DUI field sobriety tests, and frankly I'd advise you to decline them. In Los Angeles, Orange County, San Diego, San Francisco and other parts of California, you may be asked to take a DUI handheld breath test during the DUI investigation; again, you're not required by California law to take it and you should politely decline.
"Should I answer the officer's questions?"
Decline to answer potentially incriminating questions, such as "How much have you had to drink?" or "How do you feel?" Remember: whatever you say that can hurt you will be put in the officer's DUI report - and whatever will help you will be left out. A good answer is, "I would prefer not to answer any more questions until I can see an attorney."
"Should I take a breath or blood test?"
If you're offered a test after you're arrested for DUI, you should probably take it. If you refuse, the possible license suspension and jail time will be longer and a refusal can be used in evidence as an implied admission of intoxication. The blood test is potentially more accurate than the generally unreliable breathalyzer, so if you're confident that your blood-alcohol level is under .08%, take it.
"How serious are the consequences of a California DUI conviction?"
Initially, the possible legal consequences of a DUI conviction depend upon many factors, such as the blood-alcohol level, any prior DUI record, presence of children in the car, etc. Penalties include jail, fines, license suspension, DUI schools, probation and possibly more. But the indirect damage can be considerable: including a criminal record, increased car insurance, employment problems, professional licensing issues, security clearance -- even possible consequences in divorce or child custody cases.
"What is the most important thing for me to know if I'm arrested for DUI in California?"
DUI is the most difficult crime for an attorney to defend correctly, due to the complex criminal DUI laws and scientific blood-alcohol issues, as well as separate California DMV administrative hearings. Recognize that it's usually the unreliable breath machine that largely determines guilt or innocence. It's crucial that you retain a California DUI attorney with at least 10 years experience, preferably a lawyer who specializes in DUI defense exclusively in Los Angeles, Orange County or wherever you were arrested.
Source
"What should I do if I'm stopped for suspicion of DUI?"
First, don't flunk the "attitude test": Be pleasant and cooperative with the officer. But that doesn't mean to do everything you're asked. For example, you're not required by law to take the DUI field sobriety tests, and frankly I'd advise you to decline them. In Los Angeles, Orange County, San Diego, San Francisco and other parts of California, you may be asked to take a DUI handheld breath test during the DUI investigation; again, you're not required by California law to take it and you should politely decline.
"Should I answer the officer's questions?"
Decline to answer potentially incriminating questions, such as "How much have you had to drink?" or "How do you feel?" Remember: whatever you say that can hurt you will be put in the officer's DUI report - and whatever will help you will be left out. A good answer is, "I would prefer not to answer any more questions until I can see an attorney."
"Should I take a breath or blood test?"
If you're offered a test after you're arrested for DUI, you should probably take it. If you refuse, the possible license suspension and jail time will be longer and a refusal can be used in evidence as an implied admission of intoxication. The blood test is potentially more accurate than the generally unreliable breathalyzer, so if you're confident that your blood-alcohol level is under .08%, take it.
"How serious are the consequences of a California DUI conviction?"
Initially, the possible legal consequences of a DUI conviction depend upon many factors, such as the blood-alcohol level, any prior DUI record, presence of children in the car, etc. Penalties include jail, fines, license suspension, DUI schools, probation and possibly more. But the indirect damage can be considerable: including a criminal record, increased car insurance, employment problems, professional licensing issues, security clearance -- even possible consequences in divorce or child custody cases.
"What is the most important thing for me to know if I'm arrested for DUI in California?"
DUI is the most difficult crime for an attorney to defend correctly, due to the complex criminal DUI laws and scientific blood-alcohol issues, as well as separate California DMV administrative hearings. Recognize that it's usually the unreliable breath machine that largely determines guilt or innocence. It's crucial that you retain a California DUI attorney with at least 10 years experience, preferably a lawyer who specializes in DUI defense exclusively in Los Angeles, Orange County or wherever you were arrested.
Source
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