Saturday, August 4, 2012
What is the Difference Between a DUI and a DWI?
This is a very common question and can be answered very succinctly. The difference between the two is just in wording or semantics. A DUI is a Driving under the Influence. A DWI is a driving while intoxicated. Both terms equate to the same thing which is the crime in California of driving while impaired or Vehicle Code section 23152(a).
How Does Bail Work In A DUI Case?
Once a person is arrested on a DUI the officer brings them to the police station for processing. When the booking and processing is completed the suspect is placed in a cell to "dry out" if the case involved alcohol or drugs. When sober the person can be released with a ticket or be required to post bail. If bail is set the individual will have to contact a bail bondsman who can post a surety bond to guarantee the appearance in court. Bail in DUI cases in California can range anywhere from $5000 up to $100,000 depending on the severity of the charges and the history of the suspect. The fee paid to a bail company is usually 10 percent. Most cases in Los Angeles County are handled with an O.R. release which means no bail is required. In Torrance and Redondo Beach DUI cases for example, the O.R. is usually done within 24 hours of the arrest, but can take as long as 48 hours if the agency is busy or the person is extremely impaired. In conclusion, bail in a DUI case is discretionary and the factors that will dictate the requirement depend on the background of the accused and the seriousness of the criminal allegations.
An even larger question regarding bail is the issue of how long can a bond stay active on a case? Most bond insurance companies have a clause written in the agreement that allow them to cancel after one year. This means if the case remains ongoing after 12 months of the arrest the bonding agent can demand a renewal fee to keep the bail current. According to one DUI Attorney in San Luis Obispo, this can be a real problem, particularly in DUI cases where the case is being heavily litigated. It may take a year to get a case to trial on a drunk driving arrest, says the lawyer, and having a bail bond expire can be a real problem. In those cases, most lawyers will ask the California Superior Court to exonerate the bond and grant an O.R. release. After all, the accused will have likely demonstrated a good record of appearances and will be a candidate for this relief. Strong family ties and roots in the community also help.
An even larger question regarding bail is the issue of how long can a bond stay active on a case? Most bond insurance companies have a clause written in the agreement that allow them to cancel after one year. This means if the case remains ongoing after 12 months of the arrest the bonding agent can demand a renewal fee to keep the bail current. According to one DUI Attorney in San Luis Obispo, this can be a real problem, particularly in DUI cases where the case is being heavily litigated. It may take a year to get a case to trial on a drunk driving arrest, says the lawyer, and having a bail bond expire can be a real problem. In those cases, most lawyers will ask the California Superior Court to exonerate the bond and grant an O.R. release. After all, the accused will have likely demonstrated a good record of appearances and will be a candidate for this relief. Strong family ties and roots in the community also help.
Tuesday, July 31, 2012
I Didn't Get a Pink Paper About My License, Can The DMV Still Suspend?
It is well known that the court and the dmv are separate when it comes to a dui in california. The process starts with the officer handing the arrested person a pink paper that outlines the suspension process and serves as a temp license pending the formal suspension. But what about those individuals that never got a pink temporary license and notice of suspension? Can the DMV take action against the person without this crucial step?
The answer to this inquiry involves first understanding the purpose of the document. It is an actual "notice of intent" to suspend and under california law the suspended driver must be given notice of the action in order for the suspension to have any real teeth vis a vis a later arrest for driving on a suspended license (VC14601). Therefore, the short answer to the question would be, no, it would be improper to take a license without that step. However, two things could occur. One, the officer may lie and tell the DMV that he gave the notice. Two, the DMV can cure the defect by mailing a subsequent notice to the licensee and the right to requesting a hearing starts from the mailing of that notice. Either way the bottom line is that the accused must receive some type of notification in order for the suspension to be used against the person down the road.
The answer to this inquiry involves first understanding the purpose of the document. It is an actual "notice of intent" to suspend and under california law the suspended driver must be given notice of the action in order for the suspension to have any real teeth vis a vis a later arrest for driving on a suspended license (VC14601). Therefore, the short answer to the question would be, no, it would be improper to take a license without that step. However, two things could occur. One, the officer may lie and tell the DMV that he gave the notice. Two, the DMV can cure the defect by mailing a subsequent notice to the licensee and the right to requesting a hearing starts from the mailing of that notice. Either way the bottom line is that the accused must receive some type of notification in order for the suspension to be used against the person down the road.
Saturday, July 28, 2012
How Long Can The California DMV Take My License For a DUI?
All punishments for DUI involving a person's drivers license are handled through the DMV. There is a range of consequences that apply to drunk drivers within the state, here is an overview: For a 1st time offender who takes a test and is over 21 the maximum term of suspension is 6 months, but this is how that breaks down. The APS suspension part is a max of 4 months but only a 30 day "hard" suspension because you can get a restricted license for work after a month. the Court suspension if you are convicted for the VC23152 (DUI) or VC23152b (Driving with .08 or more) is a max of six months, this is where that number comes in.
For second time offenders the California DUI Laws come down much stiffer. The max suspension is 2 years, however, if you get an IID in your car and the offense did not involve drugs, than you can get a license back after 90 days of hard time. the law gets tougher for third or more offenders since the new DWI laws allow for a judge to revoke a license for up to 10 years. Commercial drivers face a tough time as well with most CDL licenses being confiscated for a minimum of one year. California is hard on driving under the influence cases, so be careful when drinking and driving within the state.
The good news, if there is any, is that every person who is facing a loss of license in California can and will get a full fledged hearing to contest the suspension or revocation. Most attorneys who practice in DMV defense can help you do everything possible to save your precious driving privilege.
For second time offenders the California DUI Laws come down much stiffer. The max suspension is 2 years, however, if you get an IID in your car and the offense did not involve drugs, than you can get a license back after 90 days of hard time. the law gets tougher for third or more offenders since the new DWI laws allow for a judge to revoke a license for up to 10 years. Commercial drivers face a tough time as well with most CDL licenses being confiscated for a minimum of one year. California is hard on driving under the influence cases, so be careful when drinking and driving within the state.
The good news, if there is any, is that every person who is facing a loss of license in California can and will get a full fledged hearing to contest the suspension or revocation. Most attorneys who practice in DMV defense can help you do everything possible to save your precious driving privilege.
How Long Can The Police Hold My Car In Impound For A DUI?
California Law permits police agencies to impound a car following an arrest of the driver for a DUI. The duration of that impound depends on a combination of many factors. For example, if the driver has prior DUI convictions the impound can be indefinite pending a hearing before a judge. This type of hold presumes that the vehicle poses a danger to the public since it was being driven by a person who shows a reckless disregard for the safety of the motoring public.
The most common type of impound is that of a first offender. In these cases the hold will often last only as long as the person is in custody and can pick up the car upon release, assuming he or she has a valid California drivers license. This scenario contemplates an arrest where the officer uses his discretion to have the vehicle towed if the vehicle was involved in the DUI. The costs of this type of example can be anywhere from $100 to $500 depending on the distance towed and the number of days the car is held.
The most common type of impound is that of a first offender. In these cases the hold will often last only as long as the person is in custody and can pick up the car upon release, assuming he or she has a valid California drivers license. This scenario contemplates an arrest where the officer uses his discretion to have the vehicle towed if the vehicle was involved in the DUI. The costs of this type of example can be anywhere from $100 to $500 depending on the distance towed and the number of days the car is held.
Monday, July 23, 2012
How Can I Erase A DUI In California?
Once a DUI is on your record it can stay there for many years, but how can it be removed? Believe it or not, a DUI can be removed from your record, at least your criminal record. California DUI law states that a conviction shall be deemed dismissed if the person takes the steps to have the case expunged under Penal Code 1203.4. That statute authorizes a Court to remove a criminal case from a defendant's record as if it was dismissed in the first place.
The steps to be taken are: First, get the proper forms from the court clerk or have a lawyer prepare them for you; Second, serve a copy of the petition on the prosecutor that charged you in the first place (note, this step is important because the judge will not consider a request to expunge without the D.A. or other agency being notified of the request); Third, set the case for a hearing at which time the court will either grant or deny the motion.
The cost for filing an expungement in California is $120. having an attorney handle it will probably set you back anywhere form $500 to $1000. When selecting a law firm to take care of a petition for expungement remember you get what you pay for. Most cheap firms will take a long time and can mess up the process by not taking the time to research the case and see to it that the proper steps are taken.
Once a DUI has been expunged it will no longer appear as a conviction on your records, however, the DMV will continue to show the case for up to 10 years.
The steps to be taken are: First, get the proper forms from the court clerk or have a lawyer prepare them for you; Second, serve a copy of the petition on the prosecutor that charged you in the first place (note, this step is important because the judge will not consider a request to expunge without the D.A. or other agency being notified of the request); Third, set the case for a hearing at which time the court will either grant or deny the motion.
The cost for filing an expungement in California is $120. having an attorney handle it will probably set you back anywhere form $500 to $1000. When selecting a law firm to take care of a petition for expungement remember you get what you pay for. Most cheap firms will take a long time and can mess up the process by not taking the time to research the case and see to it that the proper steps are taken.
Once a DUI has been expunged it will no longer appear as a conviction on your records, however, the DMV will continue to show the case for up to 10 years.
Sunday, July 22, 2012
How To get a Free Consultation or Second Opinion on a California DUI
Information is king, and when it comes to a pending legal matter it can be a lifesaver. But where does one go to get vital info and advice for such matters as criminal cases and DUI arrests? The best resource for a consultation is the Internet. There are a number of attorneys that have listings on this site for example and each one of them will grant you a free consultation about you matter if you request it.
What about a second opinion on a drunk driving case? Well, most lawyers will agree to review your case and offer their advice on possible approaches and potential defenses. It is well understood that California DUI Laws are complex and it is unreasonable to think that every attorney will understand all the nuances of the various penalties and consequences. Therefore, it may behoove you to get a second opinion or even a third since the ramifications of a CA driving under the influence conviction are very long lasting.
What about a second opinion on a drunk driving case? Well, most lawyers will agree to review your case and offer their advice on possible approaches and potential defenses. It is well understood that California DUI Laws are complex and it is unreasonable to think that every attorney will understand all the nuances of the various penalties and consequences. Therefore, it may behoove you to get a second opinion or even a third since the ramifications of a CA driving under the influence conviction are very long lasting.
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