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What You Must Know Now If You Are Arrested for DUI in Orange County:

What You Must Know Now

 

What You Must Know Now To Save Your Drivers License

The DMV will suspend you driver's license from four months to four years depending on priors and other aggravating facts unless you take immediate action!

  • 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 YOUR ARREST AND 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. You also have the RIGHT TO APPEAL a decision against you to a REAL JUDGE
  • If you are going to hire an attorney, do so prior to contacting DMV. Your attorney will be able to push your hearing date back, to ensure that you are prepared for your DMV case. Furthermore, your attorney will need to coordinate your hearing date with your defense in Court. If you are approaching the 10 day limit, call the DMV immediately to request an in-person hearing and advise them that your attorney will be contacting them to set up a date. Request a stay and take note of the person you speak with. You must request a hearing through a Driver Safety Office; do not call a DMV Field Office.
  • DMV CASES CAN BE WON. Many people think that if their blood or breath test was 0.08% or more they will automatically loose their license. THIS IS NOT TRUE. There are many technical/scientific defenses including the failure to strictly comply with the California Code of Regulations, which can and do result in suspensions being set aside. Our Office has focused on finding systematic failures of government agencies to follow the rules set forth in Title 17 of the California Code of Regulations which has resulted in successful challenges to DMV suspensions in a majority of our cases over the last ten years.
    ( Learn more about Successful Challenges to DMV)
    • An Attorney who specializes in DUI Defense can also guide you through the process in ways that will reduce any suspension imposed by 50-75%.
  • DMV Driver Safety Offices

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What You Must Know Now About Your Charges

What you have been charged with:

  • 23152(a): It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
  • 23152(b): It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
  • 23153(a): It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
  • 23153(b): It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
  • 20002(a)(Hit & Run) : The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.
  • 23577: Refusal To Submit To A Chemical Test Enhancement.
  • 23582: Excessive Speed Enhancement.
  • 23572: Passenger Under Age of 14 In Vehicle Enhancement.

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What You Must Know Now About Penalties

What consequences you face

How an attorney can help

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What You Must Know Now About Your Court Appearance

If you fall within any of the following categories you should consult a DUI SPECIALIST:

  • Drivers Who Injure Or Kill Others
  • Drivers Who Were In An Accident
  • Drivers With Prior Convictions
  • Drivers Who Have Refusals Alleged
  • Drivers Who Have Levels Of + .20%
  • Drivers Who Hit And Run
  • Drivers On Probation
  • Drivers Under The Age Of 21
  • Drivers Who Were Speeding In Excess Of 30 Mph Of The Posted Speed Limit
  • Drivers Who Have Children Under 14 Years Old In The Vehicle
  • Who Have A Low BAC (.12% Or Lower)

Judges in many Orange County Courts will treat these drivers differently, from their initial appearance in Court through the final sentence that is imposed. Some of these differences are required by law, such as mandatory minimum jail sentences for certain offenses or for multiple convictions; others are at the discretion of the individual judge. Many judges will set additional bail for multiple offenders and remand them into custody until a bond is posted. Drivers who are currently on probation will have their probation revoked and a probation violation hearing will be set. A probation violation for a prior offense could lead to additional jail time. Drivers with high levels may be required to attend Alcoholics Anonymous Meetings (1-7 Meetings per Week) as a condition of release until the case is over. If you fall within any of the above categories you should consult a DUI SPECIALIST.

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What You Must Know Now About Police Procedure

Why were you stopped?
Police must establish that they had reasonable suspicion to detain you in the first place. They must establish that you committed a violation of the Vehicle Code justifying the stop. The National Highway Traffic Administration has published a Guide For Law Enforcement For Observations Of Vehicles In Motion.

Checkpoints
If you were stopped at a checkpoint, the police must establish that they complied with Supreme Court guidelines for checkpoints. Click link below to review Mr. Simons' Brief filed in the latest checkpoint case to be reviewed by the United States Supreme Court in Illinois v. Lidster.

Refusal To Take Chemical Test
If you Refused to take a test or failed to compete a test, you face a ONE to THREE YEAR SUSPENSION from the DMV. If you are convicted of DUI and the allegation that you willfully refused to take a test is found to be true, there is a mandatory JAIL SENTENCE, you will be required to attend a 9 month alcohol program and may be compelled to have an ignition interlock device on your vehicle. Some Police Departments will force you to take a blood test even if you refuse and then use the results against you in Court. This is the worst of all possible scenarios since you will be subject to penalties for refusals and the results of the blood test still comes in at your trial. There are many successful ways to defend a Refusal Case. The officer is required to properly advise you of the consequences if you refuse - many officers fail to give the required admonition correctly or confuse a driver. Officers will also improperly deny a driver the right to take and complete a breath test. Our office established that a driver has the Constitutional Right to take a breath test and not be compelled to take a blood test in the landmark case of Nelson v Irvine. Because of the many serious consequences that flow from a charge of willful refusal, drivers are advised to seek the aid of a DUI Specialist even for a 1st offense.

Call (949) 497-1729 for a free consultation.

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Lawyers Court
260 St. Anns Drive
Laguna Beach, CA 92651

Phone: (949) 497-1729

   info@simonslaw.com


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