Should I appoint a advocate for a California DUI?

January 16, 2012

www.shouselaw.com 888.327.4652 Should I hire a lawyer for a California DUI? Yes, if your goal is to beat the case, as this criminal defense attorney explains. Most people arrested for a California DUI charge assume the evidence against them is insurmountable. Most of them are wrong. Fighting a DUI case almost always makes more sense than simply pleading guilty. For example, did you know that… More than 100 interfering substances, medical conditions and equipment malfunctions can cause DUI breathalyzers to generate falsely high readings? DUI blood testing is prone to error. When we re-test clients’ blood samples at independent laboratories, we frequently get different results…and sometimes find that the original sample was contaminated? Police officers are supposed to follow a standardized set of procedures in DUI roadside investigations…and very few of them do? Our team of California DUI attorneys consists of former drunk driving prosecutors, former DUI enforcement officers, and former police toxicologists. We defend clients throughout the state, including the San Francisco Bay Area, Los Angeles, San Bernardino, Riverside, Ventura, San Diego and Orange Counties. We handle cases ranging from simple misdemeanor drunk driving to DUI Causing Injury, California Felony DUI, vehicular manslaughter and gross vehicular manslaughter. Regardless the type of case, we visit the location, study the arresting officers’ training and background, reanalyze blood samples, examine the

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Southern California Drug Crime Attorney

January 5, 2012

Criminal Defense Lawyer Jonathan Rosen discusses drug crimes and alternative sentencing to keep you out of jail. The Law Offices of Jonanthan C. Rosen handles all criminal cases including DUI, Drug Crimes, Sex Crimes, Domestic Violence, Internet Crimes, Violent Crimes, Juvenile Offenses and more throughout Southern California including Burbank, Hollywood, Glendale, Beverly Hills, Los Angeles and the San Fernando Valley. You can contact Mr. Rosen at www. SouthernCaliforniaCriminalDefenseLawyer.com or by calling 800-717-9674.

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Modesto CA DUI Attorneys DRUNK DRIVING Lawyers CRIMINAL DEFENSE

December 31, 2011

Don’t let a DUI arrest ruin your life. Properly defending a DUI case in California can be more complex than defending a murder case. A trial tested DUI attorney can help every step of the way. Call the law office of Ben Roberts today for a free consultation. 209 522 7500 …

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Dealing With a Difficult DUI

February 2, 2011

If you have ever been to a wild party that you were certainly not planning on getting too crazy at, then you know how important it is to either stay put or find someone else who is willing to drive you home. Too many people get into accidents or get into trouble because of drinking too much alcohol and then deciding to drive. A DUI attorney is not the first person that you want to call after that crazy party, but if you end up having to call someone to get some help then DUI attorneys will try their best to get you out of the trouble you are in and back into your normal lifestyle.

When you finally decide to leave that party and you walk to your car, if you are even able to, you should be able to tell whether or not you are capable of driving safely. This is why it can be so important to attend parties with people who are willing to not drink and drive everyone home safely. This has been a general rule of thumb for society for a very long time but it has been difficult for people to generally follow.

When coming home from a fun party, the last thing that you want to do is get pulled over by a police officer who is looking for someone to arrest. When he or she realizes that you are intoxicated, it will not be a very pretty sight and you will have to step out of your vehicle and follow direct protocol with the officer. After they perform the write-up and the necessary tests and see that you are obviously too intoxicated to drive, they will double check by using the breathalyzer and then officially arrest you and take you into custody.

This can be very frustrating for you, your friends, and your family if they have to take care of getting you out of temporary incarceration as well as dealing with your vehicle as well as all of the things that you will have to deal with in court. You will most likely have to have an attorney in front of the judge as most dui charges are looked down upon because of all of the harm that they cause. These fees and all of the other things that you have to take care of can amount to a lot of money.

Is it really worth it to enjoy your night but get caught driving on the way home? To avoid all of this, it is so much easier to just stay the night with a friend or have someone pick you up and drive you home. If you do not want to deal with all of the repercussions of driving while intoxicated, then it is very important to simply avoid it all together. It is honestly much safer and less risky for you because so many people get into accidents all of the time because of intoxicated drivers, so do not be one of those people.

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DUI Expungement Process – Steps to Clear Your DUI Record

January 29, 2011

If you are convicted of DUI, you may want to expunge your DUI record in order to get a job, loan, house, etc. Expungement refers to the process of removing or erasing your DUI records. You are required to petition the court in order to get your records expunged. This article discusses steps to clear your DUI record by covering the whole process from petitioning to obtaining expungement. Each state’s expungement laws vary; therefore, this article gives you a basic idea on the process.

DUI expungement process:

1. Where to file a petition for expungement?

You need to file a petition for expungement in the superior court in the county where your DUI arrest occurred. 

2. What are the grounds for denial of expungement?

You can be denied for expungement:

- if you haven’t completed probation.

- if you didn’t show a good reason to expunge your DUI record.

- if you are convicted of severe felony.

- if a great deal of time has passed since your arrest or conviction.

3. What are the grounds for acceptance of expungement?

You are allowed to expunge:

- if this is the only conviction on your record.

- if you didn’t spend any time in state prison.

- if you have rehabilitated yourself.

4. How to file for an expungement?

- Do you need a Lawyer?

You don’t necessarily need a Lawyer for expunging your records. It’s just that this process involves a lot of paperwork and if you have a Lawyer by your side, he can give you advice regarding that. If you don’t wish to hire a Lawyer, you should learn all the procedures that are required to get this process done.

- How long does it take?

The entire expungement process could take anywhere from 4 to 6 months.

- What is the filing fee? 

The filing fee may vary from $50 to $400 depending on your case and your state.

- What forms do you need to fill and where to get them?

You need to go to your county courthouse and ask the clerk for the expungement forms. As mentioned above the forms may cost around $50 to $400. The clerk may give you the following forms: 1. Expungement petition, 2. Affidavit or proof of service form.

5. What happens after you file the petition for expungement?

After you file the petition for expungement, a copy will be sent to all agencies that have your records like arresting agency, the county attorney, the city police department etc. They may accept or refuse your request. If they accept, the court will grant your petition without hearing. If they refuse, a hearing will be held and you are required to attend. (This law can vary from state to state). You will be notified of hearing date through the mail. In some states, though, the court sets the hearing date, while in others you have to pick the date. You must ask your clerk beforehand regarding how your state’s county court hearing date is set. 

6. The Court hearing and decision:

Your petition for expungement may or may not be granted. If you won the expungement hearing, you must check after 60 days to see for yourself whether your records show up during a criminal record check. The 60 days period is when the court orders all the agencies to seal your record. However, if you lose your hearing, you may need to ask for an expungement once again. 

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