Author of California Drunk Driving Law, recognized by thousands of California DUI attorneys and judges as "The Bible of Drunk Driving Defense"™
WHY HIRE A DUI LAWYER WHO READS THE BOOK WHEN YOU CAN HIRE THE DUI LAWYERS WHO WRITE THE BOOK ON CALIFORNIA DRUNK DRIVING LAW.
Barry T. Simons is the Co-Author of California Drunk Driving Law, which is recognized by thousands of California attorneys and judges as "The Bible of Drunk Driving Defense"™
Mr. Simons leads a "Team" of dedicated professionals who have litigated thousands of DUI case in Courtrooms throughout Southern California and the DMV. All the lawyers of the Law Office of Barry T. Simons have taught and written extensively on the law and science of DUI and collectively represent the most respected and most recognized leaders in DUI Defense throughout the entire State of California.
The team is made up of four (4) top-notch DUI attorneys, each specially trained in DUI Defense, two (2) specially trained paralegals, and a team of investigators, criminalists, and forensic toxicologists. The Law Office of Barry T. Simons has access to the top experts in Forensic Toxicology and Pharmacology, all who work hand-in-hand with the DUI lawyers of the Law Office of Barry T. Simons to analyze and evaluate the important scientific issues and defenses of your Orange County DUI case.
Barry T. Simons is a nationally recognized expert in DUI Defense who has spent over 40 years fighting for DUI suspects' rights in Orange County's Courts. He is a Founding Member, Fellow and the former Dean of the National College for DUI Defense (NCDD). He is one of only a handful of attorneys in the State of California to hold Board Certification in DUI Defense under standards certified by the American Bar Association (ABA). Mr. Simons has served as Vice-Chair of the DUI Advocacy Commission of the National Assn. of Criminal Defense Attorneys. Mr. Simons is on the Board Of Directors of the California DUI Lawyers Association (CDLA) and has qualified as a "Specialist Member". Mr. Simons is rated "Preeminent" by Martindale-Hubbell (a designation limited to the top 5% of law firms in the County) and has been selected to the "Who's Who In American Law".
Mr. Simons has also been awarded the coveted peer review rating of AV® ("very high to preeminent" in legal ability and ethics) by the Martindale-Hubbell International Law Directory. To learn more about this rating, please watch the video below:
In 2010 & 2011, Mr. Simons was selected as a Superlawyer in DUI Defense for Southern California and was listed as a top rated DUI Lawyer by OC Metro Magazine. Mr. Simons is rated 10.0/10.0 in DUI Defense (The Highest Rating) from AVVO Lawyer rating service.
Mr. Simons has been a leader in challenging the DMV with Writs and Appeals. In 1998 he established relaxed standards required at DMV Hearings to challenge alcohol-testing procedures in DUI Cases. (Robertson v Zolin). In 1999 he forced the D.M.V. to announce that they would cancel 4,700 drunk driving suspensions after exposing the OC Crime Lab's use of unapproved breath testing machines (Trautman v DMV). In 2002 Mr. Simons exposed the O.C. Crime Lab's use of unapproved Blood Testing methods between 1996 - 2002 (Bite v Gourley) invalidating blood test suspensions for all of his clients during that entire period.
Mr. Simons followed in 2003 with Baker v Gourley, which established the rule that DMV cannot rely on police opinions of intoxication to suspend drivers' licenses without a valid and legally admissible chemical test. His class action suit against the entire Irvine Police Department for failing to give DUI arrestees a choice between blood, breath and urine tests resulted in the decision of Nelson v. City of Irvine in the Federal Ninth Circuit Court of Appeals, which was upheld by the U.S. Supreme Court. In that case, Mr. Simons established for the first time that a person arrested for DUI has the constitutional right to choose between a breath and a blood test and that the police cannot compel a blood test from a driver who wants a breath test, except under specific circumstances. Mr. Simons has co-authored Amicus Curiae Briefs for the United States Supreme Court in the cases of Illinois v. Lidster challenging police use of "Roadblocks" and Stogner v. California which successfully challenged extending time barred criminal prosecutions.
Mr. Simons has presented his DUI cases and lectured at DUI seminars for DUI attorneys throughout the country on subjects including scientific evidence, legal motions, DMV practices and procedures, and the interstate implications of DUI license suspensions. Mr. Simons's drunk driving cases include successful challenges in both trial and appellate courts to DUI Roadblocks, Preliminary Alcohol Screening (PAS) Devices, DMV procedures and practices and refusals to take chemical tests.
Mr. Simons is the "Co-Author" to California Drunk Driving Law, often considered the "Bible" of DUI Defense. This two-volume treatise on California Drunk Driving Law, which is updated annually, is relied upon by DUI defense attorneys throughout the State of California in the defense of their own DUI clients. Mr. Simons and the DUI Lawyers of the Law Office of Barry T. Simons are the DUI lawyers that DUI attorneys throughout the State of California go to in order to learn how to defend their own clients against DUI charges. So why go to a DUI lawyer who reads the book on California Drunk Driving Law when you can go to the DUI Lawyers who write the book on California Drunk Driving Law? The answer is simple: there is no substitute for the knowledge and experience that the DUI Lawyers of the Law Office of Barry T. Simons can bring to your California Drunk Driving case.
Phone: (949) 497-1729
If you have been charged with Driving Under the Influence in Orange County and are in need of quality DUI representation, we can offer the DUI defense you deserve. Our firm of dedicated DUI attorneys offers decades of experience in successfully defending DUI cases throughout the County of Orange. We not only know the law, we write the book on it. "California Drunk Driving Law"
is often considered the "Bible of DUI Defense" and is relied upon by DUI Lawyers throughout the State of California as the authority on DUI law in the State of California.
The Law Office of Barry T. Simons is a well respected, full service, highly qualified and professional Orange County DUI Defense Team. We are dedicated to the aggressive representation and defense of those accused of driving under the influence of alcohol and/or drugs. Our mission is to provide highly competent and professional DUI defense in Orange County and throughout Southern California. We will aggressively analyze, review and address all of the legal, factual, and scientific issues and defenses that may arise in your DUI case.
Our sole mission is to provide highly competent and professional DUI defense. Our firm consists of four specially trained DUI defense attorneys who work together to provide you with full and competent representation. All of the defense attorneys on our team are members of, or have graduated from, the National College for DUI Defense (NCDD) and are members of the California DUI Lawyers Association (CDLA).
The government's experts and chemical test devices assume that all persons are the same; but if you suffer from any one of the hundreds of medical conditions one may have you may not be a proper candidate for the field sobriety tests that the officer administered to you at the side of the road or for the breath or blood test that you were compelled to take subsequent to your DUI arrest. Our firm has a library of over 2000 scientific and medical articles relating to defenses in DUI cases that we use to determine whether conditions ranging from gum disease to attention deficit disorder may provide an effective defense to DUI. It is therefore important that you find out from a DUI Specialist whether your medical condition can count in your favor in your DUI case. Some simple conditions such as the flu and/or being tested during your menstrual cycle may cause breath testing devices used in Orange County to give false-high readings. Some conditions such as diabetes or low sodium levels can cause a person to appear intoxicated in the total absence of either alcohol or drugs. The Law Office of Barry Simons can provide you with a detailed medical questionnaire to fill out which will help to determine if you have any medical conditions which can assist you in successfully defending your California drunk driving case.
While DUI cases involving alcohol and legal prescription drugs often go well when using skilled attorneys, DUI cases involving illegal substances can be trickier to defend and it is thus imperative that your attorney is experienced in this area if you have been charged with driving under the influence of drugs. We offer specialization in this area and your defense attorney may be able to challenge the legality of the way in which you were tested with success. If you were arrested for driving under the influence of drugs, contact the DUI Defense Attorneys of the Law Office of Barry T. Simons for a free consultation.
If you are charged with a first offense DUI, you stand a good chance of being handed a more lenient judgment with proper legal representation. If you have been previously convicted of DUI, however, it is probable that the prosecution will take a tougher stance and you will be subjected to much more severe consequences, including long term multi-year drivers' license suspensions and mandatory jail time. We have experience in finding alternatives to actual incarceration in the jails of Orange County. We handle the full spectrum of possible DUI cases, from first-time DUI charges to prior conviction cases, as well as cases involving manslaughter and/or murder charges. The graver the charges, the more important it is to use an attorney who is well-versed in DUI law.
If you are a woman there are various biological defenses that can be used in your defense. Women tend to have blood alcohol levels that can read higher than those of men who have consumed exactly the same quantity of alcohol due to differences in the rate at which the body metabolizes alcohol and the manner in which hormonal changes effect the way in which the body processes alcohol. The DUI Lawyers of the Law Office of Barry T. Simons can examine your DUI case to determine whether any of these issues affected your chemical test results or your performance on the field sobriety tests.
If you were subjected to a Field Sobriety Test upon being stopped by an officer there are a number of ways in which this can be challenged by your Orange County DUI Defense Attorney. Because Field Sobriety Tests do not produce any kind of scientific data, (and are often conducted erroneously by officers who have not been sufficiently trained in conducting these tests), this can be a strong component of your defense. Those who are physically disabled may also be unable to perform these tests for reasons other than sobriety. Our Firm's DUI Lawyers have been specially trained on how to conduct field sobriety tests and examinations and have lectured and taught other lawyers on how to challenge these non-scientific field coordination tests. When you are in need of a DUI Attorney, look no further than the DUI Defense Lawyers of the Law Office of Barry T. Simons.
If you are an out of state resident and are charged with DUI in the state of California, there are a number of details of which you need to be informed. One is that if your privilege to drive is suspended in the State of California, you will not necessarily be able to keep your driver's license privileges in your home state. With the careful intervention of a skilled DUI Defense Lawyer, you may be able to keep your driver's license privileges in your home state. A lawyer who is knowledgeable about issues concerning out-of-state residents can provide you with specialized representation in this regard. If you are from out of state and were arrested in California for drunk driving, contact the DUI Attorneys of the Law Office of Barry T. Simons today.
There are certain defenses which have been known to work in a large percentage of cases. For example, if your attorney can establish that the officer in question did not comply with the California Code of Regulations when you were pulled over, this can help you to avoid a driver's license suspension or even a conviction.
There are various ways in which breath testing can be called into question in your trial. There may be an assumption on the part of test conductor that the equipment was working properly and that it had been properly calibrated. Breath tests generally assume that the person being tested has a specific breath temperature and a person who has a higher body temperature due to fever or being seated in a heated car can produce a false-elevated reading. Your OC DUI defense attorney can consider all of the common defenses to see if any of them fit your DUI case.
If you have been arrested for DUI and are in need of legal advice, you can call us for a free consultation at: 949-497-1729, or you can complete the confidential contact form provided in this website to schedule your free consultation. Please remember, however, that you cannot delay as the Temporary License that you got at the time of your release from jail in place of your real Driver's License has a HIDDEN TIME BOMB. You must contact the DMV within 10-days of the date of your arrest to request a hearing to contest the suspension of your driver's license. If you make a timely request, the suspension of your license will be stayed until the final determination of your case by the DMV.
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DISCLAIMER: This website and blog are intended for use by those seeking general information relating to California drunk driving law. The reader should be aware of the fact that California DUI laws and legal procedures such as those presented in this website are constantly changing. Consequently, any statute, law, or procedure discussed herein may have been changed as a result of drunk driving laws, judicial court decisions, or California Department of Motor Vehicles (DMV) license suspension rules, regulations, policies or procedures enacted since similar information was posted on this website.
Moreover, the information provided here is not intended to be legal advice and should not be relied upon as such because there is no substitute for consulting with a qualified DUI Specialist. Accordingly, the reader is strongly advised to consult with a DUI Specialist and anyone with a legal problem should immediately obtain legal representation and advice from an attorney with extensive experience handling California DUI Defense cases.
The Law Office of Barry T. Simons assumes no liability whatsoever for any use of this website or blog as it is provided for informational purposes only and is not intended to be legal advice from this office or from any attorney working for this firm. Rather, the information contained in this website and blog are intended to initiate further, subsequent discussions between the reader having a specific legal problem and a qualified DUI attorney. All readers are informed that no attorney-client relationship is intended nor formed by any use of this website or blog and all readers are advised, in line with the Rules of the State Bar of California, that the only way to form an attorney-client relationship with The Law Office of Barry T. Simons is to execute a binding retainer agreement.