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Whether you are pulled over for going 100 miles per hour in a 35 miles per hour zone or for expired tags on your vehicle, it’s never an experience that people enjoy. If you abide by all traffic laws, however, you can prevent getting pulled over by law enforcement. This isn’t to say that every time you are pulled over is warranted, but you should do everything you can to follow the rules of the road. 
A common statement that many people make following an arrest includes, “the police officer had no reason to pull me over”. If by chance, you were pulled over illegally, it’s best to consult an attorney to find out what can be done about law enforcement’s complete disregard for the 4th amendment to the United States Constitution. The following 4 tips could help you better understand your rights as a United States citizen who drives a motor vehicle.
1. Law enforcement officers are not all-powerful.
Many people believe the common misconception that a police officer can pull you over for whatever reason he deems fit. Fortunately, the fourth amendment to the United States’ Constitution bars police officers from unreasonable search and seizure. This isn’t to say that there aren’t a few officers out there that can be a little overzealous, however. Regardless of the reason, you may have been pulled over, the police officer must have probable cause. If you believe you were pulled over without probable cause, it’s wise to consult an experienced attorney like Max Gorby to discuss your case.
2. Sufficient reason based on acquired facts are mandated by state law
Regarding DUIs, “probable cause” is considered to be sufficient reason based upon known or acquired factual information to believe that someone is not legally equipped to be operating a motor vehicle. There are numerous ways that a police officer could justify claiming probable cause in order to pull over a vehicle. This includes, but is not limited to, driving in multiple lanes at once, swerving from lane to lane, speeding, driving excessively slowly, slamming on the brakes, or hesitating prior to going through a green light. Though these driving actions aren’t traffic violations, they provide a police officer with enough information to pull you over for suspicion of driving under the influence of alcohol and/or drugs.
3. Law enforcement officers can pull you over for one simple traffic violation.
A police officer can pull you over for any of a number of traffic violations. Some of them could be as petty as a burnt out license plate light or even a dull tail light. Regardless of the reason, you are getting pulled over, in most cases, a police officer is turning on his red and blue flashing lights for a legitimate reason. So do yourself a favor and make sure that everything on your car is in accordance with the DMV guidelines to ensure that you aren’t breaking laws that you don’t know you are breaking.
4. Traffic violations can be left to the law enforcement officer’s discretion.
When a police officer makes the decision to pull you over for something like a burnt out license plate light, it is his sole discretion on whether to do so or not. In the same way, they can also pull you over (per their discretion) for having your tint too dark, for having your music blasting too loud, for your engine being too noisy, or for not stopping long enough at a stop sign. Things such as these provide the police officer with enough reason to pull you over. They have to make sure that you are aware that you are not within the law’s barriers. In addition, they have to make sure that you aren’t committing any other crimes. So before you try to make small talk with the cop asking you for your license and registration, keep in mind that he’s there because he made the discretionary call to be there at your car window. And before you ask him why he pulled you over, know that he definitely didn’t do it for no reason.
*Don’t break the law!
It’s a good idea to always make sure your car is not breaking the law. Make sure that all of your headlights, tail light, turn signals, and license plate lights are all in working order. Furthermore, you should make sure that your vehicle is routinely maintained by people who know much more than you know about cars and driving laws. Probable cause is just the first of multiple steps that could have you finding yourself in a position you never thought you would be in. The moment they pull you over is the moment that they feel they have (or think they have) probable cause to do so.
Here at the Law Offices of Max Gorby, we specialize in determining exactly what constitutes probable cause. If, for any reason, you get pulled over and arrested for a DUI and you feel like the police officer had no right to pull you over in the first place, give us a call and we can investigate to see if the officer abided by the 4th Amendment to the U.S. Constitution. If the police officer had no rhyme or reason to pull you over in the first place, he had no right to arrest you for anything either.
Please give us a call (323) 447-2819 at if you have any additional questions or concerns about your case or the case of loved one. We would be happy to have a sit-down and talk about what we can do for you.
Attempting to drink alcohol and drive is never a good idea. The moment that you make that ill-advised decision to put your keys in the ignition of your vehicle after consuming alcohol is a moment that could haunt you forever. There are many negative consequences for getting behind the wheel of a car intoxicated: you could permanently injure or kill yourself or a loved one, or you could permanently hurt or kill someone else. Below you will find a few facts about DUIs that are not common knowledge.
1. Only time can make you sober again
Contrary to popular belief, eating food and drinking water will not make you sober. Though eating and drinking non-alcoholic beverages will prevent you from continuing to drink alcohol, your blood alcohol content will remain unchanged. The only thing that can sober you up is time. Depending on your body type, approximately one ounce of alcohol will leave your system every hour. One ounce of alcohol is equal to 1 shot of liquor 70 proof or higher, a 5-ounce glass of wine or one 12 ounce beer. So if you happen to drink two shots of Jagermeister in an hour, a hamburger will not help you pass a breath, blood, or urine test. However, if it takes you an hour and a half to eat that burger, your body may have disposed of the alcohol in your blood to drive legally. It’s smart just not to drink and drive if you’ve had anything to drink at all, however. But in the event that you know you are intoxicated, do anything besides drinking more. If you have to, order an Uber, Lyft, or taxi. There’s no need to put yourself or anyone else at risk just because you felt like having one too many gin and tonics at dinner.
2. You can get a DUI in anything that is motorized.
That’s right. People are arrested for DUIs on ATVs, lawnmowers, mopeds, snowmobiles, Power Wheels, and even motorized wheelchairs. If it has a drive-train, it can get you arrested for a DUI. Though many people believe that DUI’s can only be given to people in cars, vans, trucks, and motorbikes, there have been cases where people have been arrested for a DUI from driving a motorized bar stool.
On a side-note, bicycling under the influence of alcohol is also a crime. Though it doesn’t come with the same criminal repercussions as a DUI does, if you are caught pedaling a bicycle, and you happen to be found under the influence of alcohol, you will be hit with a CUI and a fine of not more than $250.00. Furthermore, a CUI can result in a driver’s license suspension. The administrative hearing surrounding a CUI is very similar to that of a formal DUI. So it’s essential that you do not drink and ride a bike on the street or the highway. It’s also important to note that a “Drunk in Public” charge could also be added to your CUI.
3. Sobriety Checkpoints are legal in California
In the event that you ever have to drive through a sobriety checkpoint, know they do not (yet) violate the 4th amendment to the United States Constitution in the state of California. The California Constitution allows for the sobriety checkpoint to be carried out as long as it meets certain guidelines. There are quite a few guidelines that need to be met for the stop to be legal, and if you ever find yourself being detained by law enforcement officers at one of these stops, it would be smart to consult an attorney and hire him to find out if those officers dotted their I’s and crossed their T’s. In more times than not, an experienced attorney can reduce or dismiss your charges solely on the fact that there was a tiny discrepancy in the manner at which law enforcement set up their sobriety checkpoint.
4. You are not required to perform a field sobriety test
If you are ever pulled over by a law enforcement officer and he has concerns as to whether or not you were drinking, you are not obligated by law to perform a field sobriety test. In most cases, these tests are designed to allow a police officer to gauge whether or not they have enough evidence to arrest you for a DUI. By simply not performing the field sobriety test, however, you are taking away some of the power that the officer has in arresting you. Performing circus acts on the side of the street will not earn you a get-out-of-jail-free card, it could earn you a visit there, though.
5. First-time DUI offenders can still receive time in jail
Depending on the circumstances of why you were pulled over, your calculated blood alcohol content, and other aggravating factors, you could still receive jail time regardless of whether or not it was your first arrest for a DUI. In many cases, the prosecutor will give you the same deal that they give most first-time offenders which include, but is not limited to, fines, classes, community service/work release, an ignition interlock device installation, and probation. However, if you happen to have had a child in the vehicle, blew more than twice the legal limit, or damaged your or someone else’s vehicle, you could be facing a stint in the county jail. Moreover, if you injure or kill someone, you will be facing much harsher penalties than just jail regardless of whether you were a first time DUI offender or not.
The best case scenario is that you get pulled over by the police before you cause harm to yourself or anyone else. The sad fact of the matter is that if you did happen to make it home safely while drinking and driving, it would only encourage you to do it again. The DUI laws that our state and federal constitutions implement may seem a bit harsh when dealing with DUI convictions, but the alternatives to the classes, fines, ignition interlock devices, community service and jail time are much more stringent.
In an attempt to make you more cautious about ever considering to drink and drive, the following are a few reasons of why it should never be considered.
1. DUI’s are very expensive
If you get arrested for a DUI, you need to prepare to spend some money. In addition to the fines, some classes require payment every week, there is an ignition interlock device that needs to be paid for and installed, and you have to pay for administrative fees, court fees, and DMV fees. In many cases, a DUI will cost you thousands of dollars. For this reason, it is usually the better option to consult an experienced DUI lawyer like Max Gorby to weigh out the pros and cons of your case. In many instances, it’d be ultimately much cheaper to hire an attorney because it gives you a fighting chance to get your case reduced or dismissed. By pleading guilty, you are throwing yourself at the mercy of the court who will provide you with what they offer first time DUI offender: fines, mandatory ignition interlock device, DUI classes, license suspension, and work release ever. If you calculate the time it takes for just your classes and your work release, you are looking at approximately 100 hours of time spent away from things you enjoy doing. Besides, you have to pay for each class and pay to sign up to work for someone else for up to 40 hours. By not drinking and driving, you will prevent spending money you don’t have altogether.
2. DUI’s can ruin your career
As most people know, getting a DUI can play a significant role in preventing you from pursuing life goals. These can include careers and degrees. In fact, there are many career positions that you can get terminated from if you receive a DUI charge. Due to the impact that a DUI conviction can have on your life, it’s smart to retain an attorney to fight the charges for you. An experienced DUI lawyer like Max Gorby could not only prevent a criminal record; they can also prevent a ruined life.
3. DUI’s can destroy your relationships
Being convicted of a DUI changes everything. In addition to your wallet, and your reputation, a DUI can detrimentally affect your relationships with loved ones. It’s challenging to spin your character in a positive light with an alcohol-related crime tied to your background. Whether it be a parent, a child, or a partner, your mistake could detrimentally affect those closest to you as well.
4. Driving under the influence of alcohol can kill you or someone else
There isn’t much that needs explaining for this reason. You could kill yourself, your family, someone else, someone else’s family, a neighbor’s dog, or your hopes and dreams.
So…Don’t ever drink and drive!
*You’re innocent until proven guilty
It’s important to note that just because you were arrested for a DUI does not mean that you will be convicted of the crime. There are many reasons why you could be falsely accused of drinking under the influence of alcohol, and the Law Offices of Max Gorby aim to assure that justice is served.
Though it may feel overwhelming, there are steps you can take in the right direction to make sure that your life isn’t completely ruined by an unfortunate lapse of judgment. Taking on the court system can be a daunting task for someone who is not experienced or qualified to participate in matters of the court. From the moment you are released from jail following your DUI arrest, your primary concern is to have never to go back to that dirty place ever again. You’re not a criminal; you just happened to have made a poor judgment call. You are innocent until proven guilty, so it is imperative that you know your rights.
Going to court to prove that you are a good person to the judge and jury is not an easy job. The nervous feeling you have sitting in the courtroom awaiting your name to be called can make a lot of people sick to their stomachs. It’s not completely necessary to do this, however. There are plenty of experienced and qualified attorneys in your area that can help you beat your DUI in court. Professional DUI lawyers like Max Gorby have proven time and time again that just because you were arrested for a DUI, doesn’t mean you will have a DUI on your record.
The California implied consent law states that ” A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.” If a blood or breath test, or both, are unavailable, then a chemical test of urine will be used. Not everyone knows everything about the California implied consent law, so below you will find some important tips about chemical tests and this law.
1. You must submit to a chemical test if you are arrested
Some states across the US, including California have implied a consent law requiring drivers to submit to a chemical testing if they are arrested on suspicion of a DUI. Though field sobriety tests do not have to be taken, including a breathalyzer, if the law enforcement officer arrests you because he feels he has enough evidence to do so, you will have to submit to a chemical test or face losing your license for a year. If this does happen to you, it’s wise to contact an experienced attorney who specializes in DUI laws.
2. You have three options of tests
Due to the California implied consent law, you are obligated to submit to one of these three tests or you could face harsh consequences. If you are subjected to chemical testing, you have the option of choosing a breath, blood, or urine test to confirm that you were under the influence of alcohol upon arrest. Usually, a breath or blood test is offered immediately following your arrest, and a urine test is usually issued as a last resort. Urine testing can prove to have many discrepancies compared to the blood or breath tests, but know that all three of these tests can be proven to be inconclusive. For this reason, it’s not a bad idea to contact a DUI lawyer like Max Gorby to fight for you and attempt to throw out the chemical tests given to you at the police station.
3. There can be harsh penalties for refusal
If you are caught but refuse to take the chemical test, there will be penalties attached to you. The minimum penalty for the first time refusal will be a minimum of a 1-year license suspension. If you have already been convicted of DUI within 10 years, your license suspension could last up to two years or more. In addition, a violation of Vehicle Code § 14905, could also cost you up to $125 in fines.
4. Sickness or Illness are no exception
The test will be taken after you are arrested by the law enforcement officer. The officer will then offer you two initial choices – a breath test or blood test. Due to medical conditions and illnesses, some people may be limited in their capacity to comply with chemical testing. People with a respiratory disorder, those who are taking the anticoagulants for heart conditions or people who have hemophilia could be exempt from taking any of the alcohol tests. This does not mean they are off the hook, however. It’s smart to consult with a knowledgeable attorney to determine the next steps to take when combating your DUI case.
5. DUI Lawyers can help tremendously
An attorney like Max Gorby who specializes in DUI law can help you get your case reduced or dismissed regardless of what your blood alcohol content may or may not be. There are many factors that play a role in a conviction of a DUI, and with a smart attorney on your side, you can use the police officer’s tactics and protocols against them!
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5 Things to Know About Getting a Past DUI Case Expunged
Facing the consequences of a DUI conviction is a horrible feeling. No one enjoys knowing that they now have a DUI on their record. In some of the worst case scenarios, you could lose your job, create a strain on your personal life, have difficulty finding more work, or have problems getting into schools. Though some states don’t allow the DUI charges to be expunged, California does. In fact, having your criminal record expunged is important after you have finished probation, especially if you plan to continue to progress in your personal and professional lives. No one wants to have a paper trail of criminal wrongdoings on their public record, so getting a DUI expunged is a great option to try to move on with your life.
For those that don’t know, an expungement is when you make a petition to the judge requesting the complete removal of the DUI case from your records. If the motion for the expungement is passed, your DUI will be erased from all public records. Here at the Law Offices of Max Gorby, we understand that some people make mistakes, and we will do everything in our power to help you move forward with your life after your unfortunate lapse of judgement.
1. Waiting Period
A DUI record is not very easy to be erased. Like with most cases, you have to wait once your petition has been filed in the court system. Keep in mind that if you have the right attorney, you can expedite the process of an expungement. No one enjoys waiting for anything, but it is something we all must accept.
2. Court Priorities
Expungement cases are usually not a top priority in court due to the fact that there are much more pressing matters at hand. Requesting a mistake be erased from your past is probably not as important as most of the other cases that judges have to deal with on a daily basis.
3. Finishing Probation
When you are convicted of a DUI, your license will be suspended for up to one year, and you will serve up to three years of probation as penance for your crime. However, as long as you have complied with the courts probationary terms from the moment you were convicted of a DUI (attended all classes, paid your fines, finished your probation, etc.), you will have a legitimate chance to get your criminal record expunged.
4. No New Crimes
A surefire way to make sure you can’t get anything expunged from your record is to continue to commit crimes. No judge in his right mind will erase a crime from the public record if you committed the same crime 3 separate times since the first one. If you happen to have a traffic violation or some kind of minor violation that has nothing to do with a DUI, it would be smart to contact an experienced attorney to make sure that blasting your music too loud in a residential area (or something of the sort) doesn’t hurt your chances of getting a DUI expunged.
5. What to Expect
The moment you hire an attorney to start working on getting your past record expunged, he will need to know a couple facts pertaining to your case. Let him know about your past conviction cases, your driving history, and whether or not you are off probation. He will ask these questions in order to determine whether you are wasting your time, his time, and the court’s time. This is yet another reason why you should hire the professional services of Max Gorby to get the results you are looking for.
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Getting arrested for a DUI is usually one of the last things on anyone’s bucket list. The amount of time, money and inconvenience you will face following a DUI arrest is enough to give anyone a headache. Many people know that after your arrested for a DUI, you will go to jail and go to court, but there is a lot more to it than that. Below we will share 5 things about a California DUI arrest that are not common knowledge. If you are not familiar with what happens after you are arrested for a DUI, please take the time and read the following article.
1. Your license will be confiscated upon arrest
After you are arrested for a DUI, the arresting police officer will confiscate your driver’s license. Though you can retrieve your driver’s license if proven that you are innocent in the DMV hearing, the arresting officer will hold the license until the process for the criminal proceedings have finished. If you lose your DMV hearing, your license will be suspended for a year. Following that year, your license will be given back if you pay the $125 fee to get it reinstated.
2. You will obtain solicitations from lawyers because your DUI is public knowledge
Since the court system can sometimes prove to be a legal circus, lawyers will surely bombard the mailing address that you gave to them with all the needed information regarding their services. Since your name is on the database for DUI offenders now, lawyers in your area will try to capitalize on your circumstances. Sifting through qualified attorneys, it’s smart to choose one with experience and a specialty in DUI law.
3. You (or your lawyer) will have to participate in two different legal proceedings
The moment you are arrested for a DUI in California, you will have to battle two different courts: an administrative hearing and a criminal hearing. The administrative hearing, or DMV hearing, that involves your driver’s license whereas the criminal hearing determines whether or not you will have to serve time in jail. You would improve your chances of reducing or dismissing your case greatly if you hired an attorney to represent you at both of these legal proceedings. A qualified and experienced DUI lawyer like Max Gorby could take care of these legal proceedings for you, and in some cases, you wouldn’t have to even show up.
4. If you are convicted, DUI schooling is required.
There are “DUI education programs” in California that exist in order to deter people from drinking and driving again. In other words, these classes are simply to educate DUI drivers who commit violations. To avoid these classes, it’s wise to contact DUI lawyer to spare you the time, money, and inconvenience of these classes. An experienced attorney can reduce your charges allowing you to avoid any kind of DUI school.
5. There are two types of license suspensions
Hard suspensions and restricted license suspensions are the two types of driver’s license suspensions. If you fail to win your appeal at your DMV hearing, your license will be suspended for a year, but you are eligible for a restricted license following 30 days, but you must also enroll into an alcohol program and provide proof of insurance. This restricted license is limited to driving to work and to your DUI classes, however.
Getting a DUI is never a fun experience. The more you know about the process of the court, the better your chances will be when you fight it. Though you can attempt to tackle the court system by yourself, it’s wise to consult a knowledgeable DUI lawyer to fight along your side.
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The easiest way to prevent getting a DUI charge is simply not drinking and driving. By doing so, you are putting yourself and others at risk for harm, bodily injury or worst. To be blunt: DO NOT DRINK ALCOHOL AND OPERATE A MOTOR VEHICLE!
That being said, it is very hard to beat a California DUI charge regardless of if you are guilty or not, but with the help of a qualified attorney you can greatly improve your chances of getting your case reduced or dismissed.There are a number of different ways to beat a California DUI charge, and we have a list of 5 below to give you an idea of some tactics used in court to get a case reduced or dismissed.
1. Mouth Alcohol
Mouth alcohol is an important DUI defense. Some of the DUI breath testing instruments can detect mouth alcohol. Just by using a mouthwash or Chloraseptic spray that contains alcohol could mess up the results of the breathalyzer test. For this reason, you can challenge the result of your breathalyzer test if you had been using mouthwash the night your were arrested for a DUI.
2. Blood Test Mistakes and Errors
Human error is not a rare occurrence. Moreover, errors can also occur during a blood test and blood test results. No test is 100% accurate, including blood alcohol concentration testing. Though the margin of error is only approximately .005%, that margin could prove to be just enough to get DUI case reduced or dismissed.
3. Lack of Probable Cause
The Fourth Amendment of the United States Constitution bars law enforcement officers from unreasonable search and seizure. In other words, a cop can’t pull a person over without a solid reason. In the event that a police officer does pull you over without probable cause, you and your counsel can file a motion to suppress. In short, everything that would occur after the illegal stop would be inadmissible in court rendering the case dismissed.
4. Explanation for Physical signs of DUI
Upon being stopped by an officer, the officer will claim that you exhibit odor of an alcoholic drink, red and watery eye and a flushed face. But, it doesn’t mean that you are already a DUI. This is not an enough proof that you will be charged for a DUI case. You can have some additional innocent explanations such as allergies, illness or even physical injury. This can explain the physical signs and symptoms that are associated with the violation.
5. Bad Driving
Police officers often associate erratic driving and bad driving with people who are under the influence of alcohol. Though there are many cases where this may be true, bad driving is not illegal. If a bad driver turns reckless, it is illegal however. But though it may surprise you, it is not a crime to be a horrible driver. There are many reasons that you may have been driving around erratically, which include distractions by passengers, an emergency in your vehicle, eating in your car, spilling something in your car, or being distracted by loud music. If you do get pulled over for a DUI for bad driving, consult an attorney and let him sort out the best defense for you.
It’s not easy to beat a DUI case in the state of California. Make sure you consult an experienced and qualified DUI lawyer like Max Gorby to hold your hand through the court process.
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If you have recently been charged with a DUI, the next few months of your life could prove to be difficult. For this reason, it is best to hire a quality DUI lawyer to help guide you through this difficult time in your life. No one wants to battle the court system by themselves, so having an experienced attorney like Max Gorby on your side is extremely beneficial. He can help to share some of the do’s and don’t’s during your pending court appointments as certain behaviors or actions might complicate or negatively influence your case by casting doubt on reliability, intent and credibility.
1. Driving With a Suspended License
When your driver’s license is confiscated by the authority throughout your ongoing case, you are prohibited from driving your vehicle. In the event that you appeal and win your DMV case, your license will be returned to you. But if you lose your DMV appeal hearing, your license will be suspended for up to a year. Furthermore, your license will be suspended for 30 days before you can apply for a restricted license that allows you to drive to school and work.
If you happen to decide to drive anyways and violate the license suspension or any of the terms the court has imposed, you may face monetary fines that range from hundreds to thousands of dollars. In addition, you can be subjected to an increase of time in jail . For this reason, it is in your best interest to refrain from using your vehicle while you have a pending DUI case until you talk to your DUI lawyer in Los Angeles before taking any action.
2. Failing to Attend the Court at the Given Time and Date
Make sure you attend all of your scheduled court appointments to avoid harsh consequences. For instance, if you miss you arraignment date, the judge could put out a bench warrant for your arrest. In most cases however, if you obtain a DUI lawyer prior to your arraignment date, he could go in your place to let the judge know that you will be fighting the charges.
3. Publicizing Your DUI Case on Social Sites
It’s never wise to talk about your DUI case on social media sites like Twitter or Facebook. This act could just sink your case. Besides, it’s not too smart to put your personal business online for the world to see. The prosecution could try to use your words against you by taking them out of context.
4. Partying
Binge drinking and partaking in illicit drugs is not the best idea when you have a pending court case. Prior to your court hearing and trial, your goal should be to draw less attention to yourself in order to avoid the manifestation of public intoxication and other activities or displays, which will effectively influence the discretionary decisions of the court. So be smart and try to put a limitation on drinking and partying while your DUI case is still ongoing.
5. Not Retaining an Attorney
Though you have the ability to handle the case yourself, you may also need to ask for attorney’s assistance so your case won’t sink so quickly. With a DUI lawyer like Max Gorby, you are given an informed voice for argument. He can even assist you with the license suspension, driving restrictions, court dates and local traffic codes. It’s best to have an experienced and competent lawyer on your side to walk you through the court process. Refraining from obtains one could prove to a be horrible decision.
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Driving a vehicle intoxicated is never a good idea regardless of how “fine” you may or may not feel. Though this sermon is likely being read by the choir, driving drunk puts yourself and others at risk for serious injury or even death. The laws put in place to prevent this may seem a little harsh, but they are implemented in order to keep everyone safe on the road. Who knows, maybe a DUI prevent you from killing yourself!
That being said, there are a couple crucial things you have to do if you want to successfully combat a DUI charge in court. If you are guilty of illegally driving a vehicle while drunk, it’s best to accept the punishment that you rightfully deserve. If you feel that you are undeserving of a DUI charge however, the following tips could help you prove your innocence in court.
#1. Document everything
By documenting everything that occurred the night of your arrest, you are, in a sense, creating your own police report. An experienced attorney will use this information to combat the police officer’s report. Jotting down anything you can remember could assist your case effectively. Things like the location of where you were pulled over, the time of night you were pulled over, and any details regarding what happened following you getting pulled over could prove crucial in your case. It only takes a couple of minor details that law enforcement may have missed or miscalculated for an experienced attorney like Max Gorby to get your case reduced or even dismissed.
#2. Talk to witnesses
If there happened to be anyone watching during your detainment or arrest, they may be able to recall the event better than you could. If there happened to be a friend or family member in your vehicle at the time of your arrest, their testimony could prove key to getting you out of your DUI case. Law enforcement officers are burdened with following strict protocol during your detainment and arrest. If they happen to neglect to follow state or federal law during any moment of your arrest, you could be exonerated completely. For this reason, it’s wise to gather testimonies from anyone who could have been there.
#3. Take pictures
Depending on the road on which you were arrested, the law enforcement officer may not have had probable cause to pull you over. The term “almost” doesn’t necessarily count in a court of law when it comes to committing a crime. For instance, if you almost hit a curb and that curb happens to be the lane divider, “almost” wouldn’t count in a court of law due to the curbs proximity to your tires. By taking a picture to prove this, an experienced attorney like Max Gorby could file a motion to suppress rendering everything that happened after getting pulled over inadmissible in court. In other words, case dismissed.
#4. Plead Not Guilty
Though many people would think this is an obvious tip, it’s not. Many people get intimidated by the court system and simply plead guilty in order to end the process. But pleading guilty to a DUI charge is rarely the correct route to take. By doing this, you are technically just throwing in the towel and tarnishing your criminal record. By pleading “not guilty”, you are giving yourself a fighting chance. Even if you get represented by the state, your public defender may be able to help you get your case reduced or dismissed.
Either way, it’s smart to have someone on your side when it comes to battling a DUI. Though these three other tips can greatly assist you if you choose to fight the case yourself, it’s recommended that you talk to someone qualified and experienced to take on the court system. Attorneys like Max Gorby can help you build and win your case.
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The most common question heard by DUI attorneys from their clients is “what type of defensive options do I have for my DUI case?” Being charged of DUI or Drunk under the Influence is a stressful, frightening and embarrassing experience. Apart from the emotional & financial costs of fighting your DUI charges, you also need to consider all possible physical costs of losing freedom if you’re incarcerated because of DUI conviction.
The good news is that there are quite a few defensive strategies that can be used to potentially gain reduce sentencing, negotiate lesser charges, obtain not guilty judgment from the jury or even a getting your case dismissed entirely. For you to know the best defense strategy for your DUI case and truths of your drunk driving charges, you really need to look for reliable and experienced DUI lawyers in Los Angeles. Here at the law offices of Max Gorby, we have enough knowledge and experiences necessary to formulate your DUI defense strategies. Not only will provide you the best defense strategy for your DUI case, but also give you the big chance to receive favorable result in your case.
When you are charged with DUI offense, there are many ways you could respond. The only thing you shouldn’t do is ignore that matter. DUI charges are not only additional traffic ticket. They are criminal offenses that carry severe and serious penalties, suspension of driving license, privileges, significant fines and even jail time. The best key to reduce the possibility of obtaining the most serious penalties or charges for your DUI case is to obtain a DUI lawyer who can highlight the weaknesses of trial’s case.
A person who had been accused of DUI crime is innocent until he or she is proven guilty. It’s not your duty to prove to the court that you are innocent. The state has the burden of trying to prove that you’re guilty beyond a reasonable doubt. One of the very first things that you or your attorney will do is plead that you’re not guilty at your arraignment.
The main job of the accused is to raise the issue of doubt through highlighting weaknesses and mistakes in the prosecution’s case. In introducing doubt to the case, the accused should make it more difficult to the state in proving that he or she is driving while intoxicated. In doing so, you will be able to prove to the court that your innocence. When you have a solid dui lawyer, you can also rest assured that they can help you to make your statements stronger and more reasonable to the courts.
First and foremost, an experienced DUI attorney will challenge the fact that you were pulled over and arrested legally in the first place. Without probable cause to pull you over, the case could be dead in the water before it even starts. If you didn’t commit a traffic violation or give the police any reason to pull you over in the first place, a competent DUI lawyer will file a motion to suppress sighting that the 4th amendment to the constitution was violated.
Another defensive strategy that can be used for your DUI case is by questioning the reliability and validity of the field sobriety test. History has shown that these tests aren’t reliable whatsoever. For the reason, the test could prove to be inaccurate and show positive result under specific circumstances. Say for example you have medical condition, causing your eyes to jolt or jerk. You can also say that the test is conducted while the oncoming traffic headlights are shining to your eyes.
These DUI defense strategies can be very helpful to your drunk driving case. Though we can’t (or won’t) share all of our defensive strategies with the world on a website, our job at the Law Offices of Max Gorby is to give you an ease of mind.
Go to sleep tonight knowing that everything has finally taken care of. Give us a call today to
schedule a free 1 on 1 appointment.
Choose an option below: