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Posts Tagged ‘DUI arrest’
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 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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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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Getting pulled over and arrested for a DUI is a traumatizing experience. It’s relatively safe to assume that you know of at least one person who has been pulled over and/or arrested for a DUI as it isn’t as uncommon of an occurrence as it once was. This isn’t to say that it will ever happen to you or a loved one, but in the event that it does, it’s imperative that you are informed on what happens during and after an arrest so you know the necessary steps you are to take to try to prevent a flaw on your record.
Let’s be frank–getting a DUI sucks. The long hours you might have spent in a holding cell waiting to be released could have been some of the longest hours of your life. The entire experience could even make you feel like a dirty criminal that robbed an old lady or punched a baby or worse. In addition to the dirty conditions of the “drunk tank” and the questionable characters you may have been sitting next to while waiting to be released, the idea of having a blemished record for an ugly mistake can make a person feel sick. Here at the Law Offices of Max Gorby, our primary goal is to alleviate you of your stress and fight for you to make sure that your one mistake won’t cost you anything more than it already has.
The second you get out of the holding cell is relieving, but that relief is also short-lived. You are out of a perceived hell, but your car is impounded, your license is gone, and now you have a court date that will determine if you go to jail or not depending on the circumstances of your case (and how good your attorney is). This is no time to sulk or to wait and see what happens however, as there is little to no time to spare getting your life back on track.
One of the first things you should do upon getting out of jail is to handle the time-sensitive matters at hand. These include, but are not limited to, finding an experienced attorney and requesting an APS (DMV) hearing. If you obtain an attorney first, your attorney can contest your license suspension or revocation as long as you speak with your attorney within 10 calendar days from the date of your arrest as your lawyer will need to request a hearing for you. If you or your attorney do not request this DMV hearing within the allotted 10 days, your license will become automatically suspended after 30 calendar days. Here at the Law Offices of Max Gorby, we take care of all of that for you. From the moment you sign us on to represent you, we will contact the DMV to ensure that you don’t lose your license immediately. In fact, we will handle the DMV matter in its entirety allowing you the extra time to handle your normal affairs. You just need to make sure that you contact us without too much delay.
Even though you may feel guilty leaving the holding cell you lived in for numerous hours, keep in mind that an arrest does not make you guilty of anything. When you are released, you will be given a summons to appear in court on a specific date. This appearance is your first date with court and is called the arraignment. At the arraignment, the presiding judge will let you know what charges are against you. At this point, you have three options to respond: guilty, not guilty, or no contest. If you choose to plead guilty, you are giving up your right to fight and taking a plea bargain that could include hefty fines, community service, work release, court fees, and alcohol classes. If you choose not guilty, you are choosing to fight the case and try to get your charges lessened or dismissed. If you choose no contest, you are basically conceding the charge without admitting guilt or presenting a defense. In many cases, a no-contest plea will result in similar terms to the guilty plea.
If you choose the Law Offices of Max Gorby to fight your case for you, we won’t require you to even show up to the arraignment as we will show up on your behalf and enter the plea that you and our offices agreed on per our prior discussions about your case. Following the arraignment, we may file pretrial motions or negotiate a plea bargain (depending on the case). During this time, we will proactively and aggressively work on your case to do whatever we possibly can to either reduce your sentence or get your case dismissed entirely before the first time you even have to show up in court.
If we can’t come to terms with the prosecuting attorney’s office, a trial will be set and held in court. This court is presided over by a judge with the verdict determined by a jury. After both the jury and the judge hear all of the evidence and testimonies from the witnesses of both sides (defense and prosecution), the jury will go into liberation to decide upon a verdict. At this point, we await to hear the jury’s decision on the matter and if the verdict is guilty, the judge will determine the sentencing. If the verdict is not guilty, your case will be dismissed and you will walk out of court free and clear of any and all wrongdoing.
Here at the Law Offices of Max Gorby, we will do everything possible to alleviate the newly added stress to your life. If we can, we will nip your case in the bud and get it dismissed as soon as possible. If your case does happen to go to trial though, Attorney Gorby’s record of trial success will prove invaluable, as he is one of the best in Los Angeles. Mr. Gorby doesn’t hold back any punches when it comes to fighting for you and he will take the gloves off for each and every one of his clients.
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If you have a driver’s license, you know what those flashing red and blue on the top of a marked police car behind you mean–you are getting pulled over. There are many things that could be running through your mind the moment those lights turn on, but one of the first is usually some kind of expletive. Knowing the law is an important advantage you have when it comes to combating a DUI. As professionals, the Law Offices of Max Gorby are here to help give you a few pointers on what not to do when you get pulled over for suspicion of driving under the influence.
First off, the only way to completely avoid a DUI conviction is to simply not drink and drive. There are far too many reasons for police officers to pull over drivers. For instance, if you have a broken tail light at the wrong time of the night, you could even be a victim of a bored, head hunting police officer (even though it’s not extremely common). Furthermore, if you happen to be leaving a bar at 2:02am, there is a possibility that your little license plate light that burnt out a week or so ago may get you pulled over as well. Either way, if you happen to get charged with a DUI, it’s important to consult an experienced DUI lawyer like Max Gorby as soon as you can. Facing jail time is not a fun situation. It’s important to find a DUI lawyer who has been around the block a few times who focuses on DUI’s to help you get the best results possible for your case. No matter how guilty you may think you are, it’s very possible that you’re not.
It’s important for the general public to know the law. People don’t understand how easy it is to get a DUI in today’s world. Technically, you don’t even have to be drunk to be arrested for drunk driving. It takes very few drinks to be considered a “drunk driver” and you may not even feel any different than you did at lunch 5 hours earlier. It doesn’t matter how you feel, though. It matters how the police officer thinks you feel.
The Fourth Amendment of the Constitution protects the public from unreasonable search and seizure. In other words, the police must have a valid reason for pulling you over and detaining you. If not, an experienced DUI lawyer like Max Gorby can effortlessly help get your case dismissed in a suppression hearing. The only way the state can bypass this amendment is by using a DUI sobriety checkpoint where officers can stop any vehicle at their choosing without probably cause in order to see if they are within their legal right to operate a motor vehicle. Though a police officer needs to have probable cause to pull you over, the “probably cause” list is quite long. An officer can pull you over for anything from a broken taillight or dark tint to loud exhaust pipes or a broken license plate light. In short, it’s ultimately up to the officer’s discretion. The moment they do pull you over and ask for your license and registration however, there a few things you need to know.
If you are pulled over for suspicion of a DUI, try to keep your answers limited. You don’t want to talk too much to allow the officer any more “discretionary information” to keep you from going where you are trying to go. A lot of people make the mistake of trying to carry on a casual conversation with the officer with the idea that the cop “is just like me”. By doing this, you are not only burying yourself, but you are also hurting your chances in court if, for some reason, you are arrested for a DUI. Anything you say can affect you detrimentally later on in court. If the officer asks if you have had anything to drink, any answer that is synonymous with “ yes” automatically proves to the officer and the courts that you had been drinking. Regardless of the amount that you tell them that you drank, the next step would be to see exactly how much you’ve had to drink.
This next step usually involves field sobriety tests, which brings us to our next “not to do” item– perform a field sobriety test. Complying with law enforcement is very important as a United States citizen, but field sobriety tests have proven to be largely inaccurate and they aren’t even required by law. By performing a field sobriety test, you are again giving the officer more material to build a case against you. Being unable to lift a leg, touch your nose with the tip of your index finger, or recite the ABCs backwards does not mean you are under the influence, it means you may be a bit uncoordinated. But being uncoordinated isn’t a crime, it could just mean that sports aren’t your thing. So again, refrain from performing circus stunts in front of a small audience to prove your innocence…it likely won’t help.
When the officer’s request for you to perform field sobriety tests fails, he will ask you to blow into a breathalyzer. Again, you are not required to blow into it. This is important to know because in some cases, the police officer had no reason to pull you over in the first place and consenting to a breathalyzer test could show that you are over the limit, which gives the officer cause to arrest you. Keep in mind that it is possible to still be arrested if the officer has enough evidence to arrest you without the preliminary breathalyzer test.
Furthermore, it’s important to note that you are required to provide a chemical test if you are arrested. California has an implied consent law that states that if you refuse to submit to a chemical test, you will be subject to a fine and automatic license suspension. Due to this law, a breath, blood or urine test will be required if the police officer has built up enough evidence to arrest you for drinking and driving. Until the time comes where you are arrested for a DUI, you are within your rights to refuse any sobriety tests, though.
If the police officer has built up enough evidence to convict of you of driving under the influence of alcohol, your best bet is to consult a DUI lawyer who knows the ins and outs of DUI law. Self-incriminating yourself is one of the top ways you can get yourself in trouble with the law. But even if you do, the Law Offices of Max Gorby can help you get out of any jam you find yourself in. In addition to working to keep our clients’ driver’s licenses valid, we’ve also helped thousands of clients stay out of jail and keep them out. We will do the same for you!
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Defense Lawyer Los Angeles
The capability and experience of reputed and knowledgeable defense lawyer can positively help in accelerating otherwise bothersome and uncomfortable legal experiences when individuals are charged with DUI. In cases where you are charged with this kind of offense, a knowledgeable and experienced Defense Lawyer Los Angeles can guide you all throughout the case. This legal expert will be working with you to help you understand all parameters and stages and ensure that your rights are protected. Your life will surely be back on track if you hire and use the services of Defense Lawyer Los Angeles.
If you take time to navigate this website, you will learn what exactly this defense lawyer is doing and how this legal expert can help you succeed.
Defense Lawyer Los Angeles Helps Manage the Process
You do not really have to put your life in a complicated spot while charges are being sorted out. Even if you have already been charged with DUI, you still have works to do and some other jobs that need to be completed. Extra time that you have can’t be completely invested in making calls, filling sheets and attempting to figure out the status of the case. This is exactly where a defense lawyer Los Angeles can help. This lawyer will also be able to handle and take good care of the entire technicalities and handle legal side with efficiency and perfection.
Helps Analyze the Entire Situation
There are instances that some individuals were falsely accused of DUI and might have been pulled over with no solid evidence and without any reason at all. Regardless of what the case is, the outcome is that you actually have a charge against you and this can result to bad image and reputation. In scenarios like these, a defense lawyer can clearly and capably assess the severity or real status of the case. An experienced defense lawyer will also suggest the most suitable alternative measures which can help fight for your rights and prove your innocence. The lawyer will carefully study the case and will use all of his knowledge and experience to come up with the most informed decision.
With 18 years of experience as an attorney, Max B. Gorby is focused and committed toward providing aggressive and experienced representation at both of the firm’s local offices. If your case goes to trial, Attorney Gorby’s record of trial success can be invaluable. His motto “make hard work your ally and not your enemy” explains the firm’s determination, drive, and accountability in obtaining the best possible result for its clients. Mr. Gorby doesn’t hold back any punches when it comes to fighting for you and he will take the gloves off if necessary for each and every one of his clients.
Without the help of the best defense lawyer, you might seem like another law-breaker in the eyes of the legal court and this will surely have complicated consequences as far as the case is concerned. But if you are represented with a good defense lawyer Los Angeles, it would be a completely different picture. Even if this lawyer is unable to significantly influence, he is still capable of proving your innocence with his amazing knowledge and capabilities.
Max Gorby is known throughout the law community for being assertive, quick on his feet, and convincing. He takes an aggressive, proactive approach to each case believing there is not a second to spare. When he meets clients for the first time, he accentuates the importance of meeting with the prosecutor right away in attempt to have charges dismissed or reduced before the initial court date. Every case is unique and must be evaluated on its own facts by an attorney with the training and experience to properly evaluate a case and fight on your behalf.
This entire website is dedicated to provide you with more essential information about what defense lawyers do as well as their field of specializations. You are free to visit this site, browse and discover many other helpful detail about Max Gorby, how to find him and how he will be able to help you with your situations and unique legal needs.
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If you or any member of the family is pulled over for suspicion of driving under the influence, the best thing you can do is to look for DUI lawyer. It’s not a good idea to admit guilt to anyone before talking to an attorney because the guilt you feel may not correspond with the United States Constitution. Getting a lawyer right away could have a remarkable effect on your future. Pleading guilty before you have an experienced attorney look at all of your options could theoretically have you punished regardless of if you are legitimately guilty or not.
Once you retain a DUI lawyer, you have also simultaneously retained a law dictionary on what the best course of action is moving forward. It’s smart to hire a professional for anything that’s important in your life, including your future. It’s safe to assume that you wouldn’t try to perform a surgery on yourself by yourself, right? In most cases, you would hire a professional to do so because he has tens of thousands of hours of experience that you don’t. In the same way, hire a qualified attorney to fight your battle in court for you as he has extensive experience in that area and that arena. Knowing what you should and shouldn’t do before you show up in court is a large part of of getting your case reduced significantly or dismissed entirely. So just do yourself a favor and hire an attorney.
Qualified attorneys like Max Gorby are knowledgeable on all issues concerning DUI charges and are in the best position to provide the best defense. Trying to tackle the case by yourself is bad decision unless you went to law school yourself. The law is complicated so make sure you can locate and acquire a skilled and knowledgeable DUI attorney like Max Gorbey with the know-how to utilize and manipulate the law to your advantage.A DUI lawyer will provide the best guidance and advice on how to proceed based on the circumstances and will provide representation throughout the entirety of legal process starting with the DMV hearing so that you can keep your license valid.
A DUI lawyer like Max Gorby has the needed experience and the know-how to go about getting proof and evidence to assist in you in your DUI case. To make a strong case, a strong DUI attorney will obtain all of the necessary evidence relating to the arrest circumstances. Most situations surrounding a DUI require an investigation regarding the circumstances of your case. For instance, sometimes taking pictures of the the roads you were driving on could impact your case depending on what’s written on the police report by the arresting officer.
A competent DUI lawyer like Max Gorby knows the right questions to ask as well as what evidence to present so as to build a strong case. Their job is to be able to find discrepancies or inaccuracies in the documentations or procedural inadequacies that could assist when building the case. For instance, if you were pulled over for “almost” hitting the curb in your lane, you could get your case dismissed by filing a motion to suppress arguing that the 4th Amendment to the Constitution was breached. “Almost” doesn’t count in a court of law so anything that occurred thereafter would prove irrelevant. Obviously, there are other variables that could play a role in influencing the outcome of the case, so retaining an excellent DUI attorney is crucial to future of your life.
It’s extremely essential to consult a DUI lawyer like Max Gorby as soon as possible to ensure a better chance of keeping your license and staying out of jail. In Los Angeles, there are lots of law firms that offer this kind of service, just make sure to hire one that has years of experience, positive case results, and an excellent track record. It’s very important to find an attorney who knows people just as much as he knows his occupation. Knowing prosecuting attorneys and sitting judges is important in anyone’s case. In addition, it’s important to know the tactics that the opposing side could use against you. Here at the Law Offices of Max Gorby, we have a healthy and strong rapport with many of the attorneys and judges in Los Angeles county. This has proven to be invaluable in a courtroom.
In short, the reason you should retain an attorney is because you do want to go into a battle for your future by yourself. Though the court will appoint an attorney to you if you cannot afford one, these public defenders have a lot on their plate. This isn’t to say that these guys don’t work hard, it’s just that they normally get paid by salary and have such a large workload that they cannot concentrate on each case the way that they wish they could.
For example, would you want an attorney working on your case that has 20 other clients that range from misdemeanor DUI charges to first degree felony charges, or a lawyer with less clients who specializes in the kind of case you are burdened with? The odds are that you would prefer an attorney who will either pick up the phone or call you back every time you try to get ahold of him. Just like any relationship, a good attorney like Max Gorby will not leave you hanging. If you are going to retain an attorney, retain the best.
Contact the Law Offices of Max Gorby and find out what it’s like to have an excellent DUI lawyer on your side. For any additional questions or concerns, feel free to contact us at (323) 447 – 2819.