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.
Monday, July 23, 2012
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.
Tuesday, July 17, 2012
Does California Give Jail Time On a First DUI?
For anyone facing a driving under the influence charge in California, many questions exist. Perhaps the most important question is whether a defendant is facing automatic jail time as a first offender. The answer to the interrogatory depends on the county and city you are arrested in. For example, in some areas of Kern County a person who is convicted of a first time DUI has to do 48 hours in jail, and no time is given for the time spent in the jail when arrested. However, on average, most persons sentenced for a DWI or drunk driving who have no record are given no incarceration, at most some community service or jail alternative.
Sunday, July 15, 2012
Will My Employer Know I Got A DUI in California?
Many things happen when a person is arrested for a DUI in California. Among them are the fact that the DMV is notified almost immediately via the APS process, but what about your employer? Are they told? The answer is yes if they are part of the "employer pull program" administered by the California DMV. This program allows companies to be notified immediately if a driver gets a DUI or some other ding on their DMV record. This program is a voluntary one and usually only those who drive company cars will participate. The one sure way to know if your boss is part of this program is to get a copy of your MVR record and it will say if your employer should be told about any action pending on your driving record.
Saturday, July 14, 2012
Can I get A DUI In California If I Wasn't Driving?
The short answer is no. The law in CA is that you must have drove when you were impaired. However to better answer the question it is important to understand that California DUI Laws allow for the state to prove driving with the use of what is known as circumstantial evidence. Here's an example: The person arrested was found drunk passed out on the side of the road in his car with the engine running. Can this person be convicted of DUI? Possibly. You see, the prosecutor can prove that he was driving at a time he was impaired due to circumstantial evidence such as the fact he was alone in the car, he was drunk, he had to be the driver and he must have driven there when he was drunk. This type of case is common where the person admits that he drove to the location. The burden then shifts to the defendant to provide some other scenario that may point to his innocence such as the fact that someone may have drove him there and then left. If no alternative explanation is proffered then the person will likely get convicted.
Therefore, you see that it does not take direct evidence of driving to prove someone was DUI, the CA laws allow for this to be proven in many different ways. If the circumstances indicate beyond a reasonable doubt that you were driving at some point when you were impaired, you can get a DUI.
Saturday, June 30, 2012
I Got a DUI But Live in Another County, Can I Have The Case Moved?
Under California DUI Laws, a person who is arrested in one county but lives in another can ask for what is called a change of venue. This principle applies in reality only to the DMV hearing but can also be requested for the criminal case, but with little chance of success. The request for a change of venue is rooted in the California Vehicle code and permits an out of county driver to have a DMV hearing held in the county in which they reside. There are limitations to the request and the DMV has the right to object to the move if it presents an undue hardship on their case, such as if there are witnesses needed to testify at the hearing that live where the incident ocurred.
What are the benefits to requesting a change of venue for the administrative hearing in a DUI case? First, it is likely going to be much more convenient for the licensee to travel and appear at the hearing if necessary. Second, in many cases moving the hearing to a distant field office has the advantage of taking the "home town" advantage away from the arresting officer. Let me explain: If you are arrested in a locale where the arresting officer does many hearings, the hearing officer will know the cop and may feel less inclined to rule against him or her on a close case due to the fact that they will likely see each other again. So, the reason is one based in human nature. If the hearing officer does not know the cop, he or she will presumably be more objective, fair and unbiased. Now, this must be tempered with the prospect that by moving the hearing to a new county you may get a hearing officer that is worse than the one set to hear the matter in the county of arrest. This can be dealt with by the attorney and make the call as appropriate and should be balanced against all other factors.
One other advantage to requesting a change of venue is that the hearing will usually be delayed due to the process of having the case file transferred form one county to another. This is always a good thing, a delay in any case nearly always benefits the licensee and allows more time to prepare, plan and strategize the hearing in relation to the criminal case.
What are the benefits to requesting a change of venue for the administrative hearing in a DUI case? First, it is likely going to be much more convenient for the licensee to travel and appear at the hearing if necessary. Second, in many cases moving the hearing to a distant field office has the advantage of taking the "home town" advantage away from the arresting officer. Let me explain: If you are arrested in a locale where the arresting officer does many hearings, the hearing officer will know the cop and may feel less inclined to rule against him or her on a close case due to the fact that they will likely see each other again. So, the reason is one based in human nature. If the hearing officer does not know the cop, he or she will presumably be more objective, fair and unbiased. Now, this must be tempered with the prospect that by moving the hearing to a new county you may get a hearing officer that is worse than the one set to hear the matter in the county of arrest. This can be dealt with by the attorney and make the call as appropriate and should be balanced against all other factors.
One other advantage to requesting a change of venue is that the hearing will usually be delayed due to the process of having the case file transferred form one county to another. This is always a good thing, a delay in any case nearly always benefits the licensee and allows more time to prepare, plan and strategize the hearing in relation to the criminal case.
Thursday, June 28, 2012
What's Going On In The Mind Of A DUI Cop
For many, the process of a DUI arrest is a very foreign concept. But wouldn't it be nice to know what is actually going through the mind of a cop during a DUI arrest. According to one top DUI Lawyer in California, Hieu Vu, the thought process derives from his or her training and goes something like this:
A police officer is trained to take notes during the evidence gathering stage. However sometimes an officer will make a mental summary of the evidence collected during 1) vehicle in motion stage, 2) personal contact stage, and 3) pre arrest screening. The amount of information an officer has to record is overwhelming. An officer is specially trained to look for people who drive under the influence. When police officer gather evidence to determine if a person should be arrested for a DUI violation they ask themselves three questions. Should I stop the car? Should the driver exit? Is there probable cause to arrest the suspect for DUI? Today, we will cover the first of three stages.
First an officer will ask himself “should I stop the car?” This is also known as phase 1: vehicle in motion. This involves the initial observation of vehicle and operation. This means they are looking for certain symptoms of impairment to manifest itself in your driving. These things can include failure to maintain proper lane position which manifests itself in weaving, weaving across lanes, straddling a lane, swerving, turning with wide radius, drifting, and almost striking an object or another vehicle. The officer is also trained to look for speed and braking problems. These problems can manifest itself in stopping too far, or jerky stop. The office officer is also trained to look for rapid acceleration or deceleration, whether a person is alternating between speeding up, slowing down and also if they are going too slow. (10 miles under the limit.) Vigilance problems in driving are also an issue. These problems manifest itself in driving in the opposite lane, going down the wrong way street, a slow response to traffic signals, a slow or failure to respond to an officer signals, stopping in the lane for no apparent reason, driving without headlights at night, and failure to signal or signal inconsistent with action. Judgment problems are also an issue. These can manifest itself in a driver following another car too closely, improper or unsafe lane change, illegal or improper turning (meaning turning too fast). An officer is also trained to look for improper response when he signals for you. When an officer signals for you to pull over stopping inappropriately will also count against you. For example, stopping in a prohibited zone, or at a crosswalk. Drinking in the vehicle, urinating at roadside, arguing without cause and other disorderly actions are also visual cues that the officer is trained to look for.
An experienced DUI cop in the state of California is also trained to look for people who appear impaired when driving. This could include eye fixation on the road, tightly gripping the steering wheel, slouching in the seat, gesturing erratically or the infamous face close to the windshield. A lot of these cues can occur when a person is tired or distracted. For example when a person uses a cell phone and gets distracted, this will result in weaving or drifting or striking another vehicle. Also when a person realizes there is a police officer behind them, they may keep their eye on the rearview mirror, which results in drifting and weaving because the eyes are off the road. It is perfectly natural to feel uncomfortable when a police officer is behind you. This is also known as black-and-white fever. Some people are cautious drivers and drive below the speed limits quite often, or some of us make snap decisions and go for U-turn at the last minute; this does not mean a person is impaired. These cues are part of a calculus the police officer would use in deciding whether or not to stop you.
A police officer is trained to take notes during the evidence gathering stage. However sometimes an officer will make a mental summary of the evidence collected during 1) vehicle in motion stage, 2) personal contact stage, and 3) pre arrest screening. The amount of information an officer has to record is overwhelming. An officer is specially trained to look for people who drive under the influence. When police officer gather evidence to determine if a person should be arrested for a DUI violation they ask themselves three questions. Should I stop the car? Should the driver exit? Is there probable cause to arrest the suspect for DUI? Today, we will cover the first of three stages.
First an officer will ask himself “should I stop the car?” This is also known as phase 1: vehicle in motion. This involves the initial observation of vehicle and operation. This means they are looking for certain symptoms of impairment to manifest itself in your driving. These things can include failure to maintain proper lane position which manifests itself in weaving, weaving across lanes, straddling a lane, swerving, turning with wide radius, drifting, and almost striking an object or another vehicle. The officer is also trained to look for speed and braking problems. These problems can manifest itself in stopping too far, or jerky stop. The office officer is also trained to look for rapid acceleration or deceleration, whether a person is alternating between speeding up, slowing down and also if they are going too slow. (10 miles under the limit.) Vigilance problems in driving are also an issue. These problems manifest itself in driving in the opposite lane, going down the wrong way street, a slow response to traffic signals, a slow or failure to respond to an officer signals, stopping in the lane for no apparent reason, driving without headlights at night, and failure to signal or signal inconsistent with action. Judgment problems are also an issue. These can manifest itself in a driver following another car too closely, improper or unsafe lane change, illegal or improper turning (meaning turning too fast). An officer is also trained to look for improper response when he signals for you. When an officer signals for you to pull over stopping inappropriately will also count against you. For example, stopping in a prohibited zone, or at a crosswalk. Drinking in the vehicle, urinating at roadside, arguing without cause and other disorderly actions are also visual cues that the officer is trained to look for.
An experienced DUI cop in the state of California is also trained to look for people who appear impaired when driving. This could include eye fixation on the road, tightly gripping the steering wheel, slouching in the seat, gesturing erratically or the infamous face close to the windshield. A lot of these cues can occur when a person is tired or distracted. For example when a person uses a cell phone and gets distracted, this will result in weaving or drifting or striking another vehicle. Also when a person realizes there is a police officer behind them, they may keep their eye on the rearview mirror, which results in drifting and weaving because the eyes are off the road. It is perfectly natural to feel uncomfortable when a police officer is behind you. This is also known as black-and-white fever. Some people are cautious drivers and drive below the speed limits quite often, or some of us make snap decisions and go for U-turn at the last minute; this does not mean a person is impaired. These cues are part of a calculus the police officer would use in deciding whether or not to stop you.
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