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DUI

When someone asks me where I work, and I answer I always get the same reaction. Once I reply that I am a criminal lawyer, the person who asked the question tells me that happily is not criminal and will not need my services.  


It amazes me that most people think they're just criminals who need criminal lawyers . This is a common mistake because not all people who have problems with the law, they are criminals. What's more, ud. has a better chance of receiving a charge of driving under the influence, to win the lottery. The DUI / DWI is the most common charge that the prosecution presented against ud people like me. If you have been charged with a DUI / DWI in California, the decisions you make now can affect your future. Their defense should be assessed by an attorney who understands the unique details of your case and who knows how the law applies to your circumstances. 


If you have been arrested for suspecting that you. is driving under the influence of alcohol and / or drugs (DUI / DWI), the officer will ask you to undergo certain tests. You will be asked to submit to some field sobriety tests, including blow into the PAS (Preliminary Alcohol Screening). Once you are at the station, is required by law to submit to a breath, blood or urine if they suspect drug use. 


If you are over 21 years old and is not on probation, ud. not have to submit to field sobriety tests or PAS. These tests are voluntary. Have to undergo examination by law to breath, blood and / or urine in the commissary. If it is submitted to the Commissioner, then the court and the DMV will suspend the driver's license for a year and not be entitled to obtain a restricted license during this time. 


If you are under 21 years do not have to undergo the tests to determine sobriety, but if you have to submit to the PAS. You will also have to undergo a test of breath, blood or urine if they suspect drug usenbsp;


You also have to know that a DUI / DWI are two different cases. First, you have the criminal case in court. Second, is the DMV civil case against him began. That includes a criminal case and a civil case in the wake of the indictment of DUI / DWI. That is why you need a lawyer who will represent him in the two cases of DUI / DWI.  


Moreover, the lawyer must examine CHOOSE give details of your case. For a police officer stops him, the officer must have probable cause to stop him. The probable cause may be something as minimal as a traffic violation. The lawyer should review all the evidence the prosecution has against you to determine whether the arrest was legal. If after examining the details of your case, I am of the opinion that there was no probable cause, then lodges a petition with the court to suppress the evidence against him and that the court turning away the case. 

Crimes Committed by Minors

                       
If your son or daughter has been charged with a crime, it is important to get proper representation in court. The judicial system concerning minors is different from an adult criminal system. The terminology and the procedure is different and even until the laws are different. Being awarded an underage crime is very serious and can seriously affect the child the opportunity to obtain employment, driver's license and a prosperous future. Criminal cases involving lower imensamente vary. The first thing you should do is try to make the minor is under the custody of CYA or Juvenile Hall. What we have to do is that the child stays at home with their parents, continue in school and in the community where they belong. Then you have to try to get the charge or the charge is not in the child's record because eventually this will harm the future. The most important thing is to try the minor does not keep taking the wrong decisions and provide the help you need. It is important to talk to a lawyer as soon as possible.


CALIFORNIA TAKES NEW MEASURES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND / OR DRUGS, DUI

Beginning July 1, 2010, the State of California has dramatically changed the laws for those who are arrested for driving under the influence of alcohol and / or drugs.
Besides the ruling force for a first DUI arrest, which includes 36 months probation (probation) program reception of spirit and a fine of approximately $ 2,000, the Court and the Department of Vehicle ordered by law to install a mechanism in your vehicle, known as "Ignition Interlock Device" (IID) for an average of not less than five months. This equipment should be installed on all vehicles driven by the affected person. Before a person can start the vehicle, you need to blow this instrument, which serves as a gauge reception of spirit, that is, a breathalyzer. The result is saved in the IID. This information will include all the times that one blow, including the time that does not pass the test or had a failure in the mechanism.
Such instruments will be reviewed periodically to verify the performance and to check if it has been tampered with. Any changes will be detected by the IID and evidence will be sent to the authorities for appropriate sanctions. Fines and severe punishment will be imposed on persons who have manipulated the instrument, or others who have helped this offense, so also those who have not passed the test.
Implementing this tool will have a drastic effect for those which by the nature of their work, have to drive vehicles of their employers. This new measure could cost you your job. Most employers will not allow you to install this tool in their vehicles, because to start the vehicle has to blow into the IID, which in itself, it's embarrassing.


Finally, the cost is $ 2.50 per day plus approximately $ 500 for installation, will be borne by the person involved.
Such measures are only for people who commit the first offense of driving under the influence of alcohol and / or drugs. In case of recurrence over a period of 10 years, the sentence will be more severe and can be sent to jail.




NEW CONSEQUENCES FOR DUI  

As of last July 1, 2010, the law in California for being arrested for driving under the influence of alcohol and / or drugs, have been changed drastically.
Besides the usual sentence for a first DUI arrest, which includes 36 months probation, alcohol program for three months and fined about $ 2,000.00, the court and the Department of Motor Vehicles now impose the implementation of a mechanism in your car, known as Interlock Ignition Device (IID) for about 5 months.   
This equipment will have to be put on any vehicle that the person driving. Before a person can start the vehicle will have to blow into the instrument. The instrument serves as a breathalyzer and the results will be maintained in the mechanism. The information is kept in the instrument will include all the times you blow into the breathalyzer, including all the times you pass the exam or not there is a fault with the mechanism. All instruments shall have maintained periodically to confirm operation and to see if someone has tampered with the instrument. All this evidence will be collected and sent to the authorities. Fines and more severe penalties will be imposed on those who have tampered with the instrument or have not passed the breathalyzer. Even a person who helps to tamper the instrument will also be punished by law. The IID has a serious effect on those people who have jobs that include handle. For example, this law could make it in that work Hechen. Not many employers who consent that their companies are vehicles fitted with this instrument so that the car can turn. This is in addition to the embarrassment of having to blow into a breathalyzer to make the car turn. Finally, the cost of implementing this instrument is your responsibility. It costs about $ 2.50 per day plus $ 75.00 to $ 100.00 for installation to keep the instrument in your car. All of the above is for a DUI for the first time. More than a DUI arrest a 10-year period, will result in a more severe sentence, and even jail.