San Jose DUI Attorney Gets 0.17 BAC DUI Case Dismissed.

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Our San Jose DUI Attorney, Mr. Young, recently won a very contested Suppression hearing resulting in a dismissal of his Client’s DUI Case. Our client was accused of driving with blood alcohol level of 0.17. Our client was pulled over after the officer alleged that our client hesitated at a green light. The officer proceeded to run our client’s license plate number. The office claimed that when he ran the license plate the car was listed as being affiliated with a male parolee. Our client was subsequently pulled over, despite the fact that no male passengers were in the car and despite the fact that the car was registered to our female client.

Under the 4th Amendment of the Constitution, people are to be free from unreasonable searches and seizures by the government. The remedy for the violation of the 4th Amendment by the police, is for all evidence obtained as a result of the violation of the 4th Amendment must be suppressed, or in other words, kicked out of court. In a DUI case, once the evidence is suppressed, the state’s case quickly falls apart, and the district attorney has little choice but to dismiss the criminal charges. This is what happened in our case as well. Our San Jose DUI attorney saved our client from severe criminal penalties by demonstrating to the court that the office had no reasonable basis to conclude that the driver of the car was a male parolee, and therefore that this was an illegal traffic stop.

If you are charged with DUI it is critical that you do not assume that you must plead guilty. An experienced DUI Attorney can effectively analyze your case and determine if there are weaknesses in the police’s case against you. Fortunately, this client had the good sense to hire an experienced San Jose DUI Attorney to represent him on his San Jose DUI case. In this case, our San Jose DUI attorney took a case in which his our client had a BAC of 0.17 and made the case go away. This is why you should always consult with an experienced DUI Attorney / Criminal defense attorney, when you are facing criminal charges.

Riverside Criminal Defense Attorney Saves Client from Jail

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Our Riverside criminal defense attorney, Mr. Davitt, was in court today with a typical sticky situation. We were defending our client on a relatively easy hit and run case, when it came to the attention of the district attorney that our client was on probation for a Riverside DUI in 2011. The District Attorney began to immediately threaten jail time as a result of the violation of probation resulting from the Hit and Run. At times like these that your want a skilled criminal defense attorney representing you.

Wanting desperately for our client to avoid jail, criminal defense attorney, Davitt, broke the case down through careful analysis. After scouring the evidence carefully, our Riverside criminal defense attorney was able to find a hole in the state’s case against our client. Mr. Davitt was able to point out to the D.A. that he was unable to positively identify our client as the driver of the vehicle. Mr. Davitt was able to point out 2 other potential drivers. Our criminal defense attorneys in Riverside, used this weakness in the State’s case to negotiate for a plea bargain that avoided jail entirely for our client.

If you ever find your self facing criminal charges in Riverside County, you will want to hire an experienced attorney who understands how to analyze cases and create a defense that will help you avoid jail. This exactly what we do. Don’t trust just any defense attorney, contact the Riverside Criminal defense attorney at the Law Office of Earl Carter.

The Rancho Cucamonga DUI Attorney Who Is Willing to Fight for You, Is The One You Should Hire

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Our firm concluded a DUI case in Rancho Cucamonga court house this week, that illustrates an important point. Namely, this case demonstrates that the great results we seek for our clients will not come easily, and the DUI Attorney who gives up too easily will rarely achieve the desired result.

This particular DUI case was one in which the evidence against our client was fairly light. There was no evidence of bad driving. The stop occurred late at night near a bar for a very minor (probably fabricated) traffic code violation. The officer approached our client, who was not impaired, but who was honest with the officer that he had been at a club, and the DUI investigation commenced. My client gave a preliminary breath test at the scene and blew a 0.08 the first time, and a 0.07 the second time. My client was arrested and taken to the station where he blew a breath test of 0.07.

Our San Bernardino DUI Attorneys began fighting this case immediately. Our position on the case was that there was no impairment and that our client’s case should be dismissed. Upon meeting with the DA assigned to the case it was clear they had no intention of being reasonable. The District Attorney refused to make us an offer on the case that included a dismissal and a reduction of any kind. Our client’s position was that he was willing to plead guilty to a reckless driving charge (wet reckless), but not to a DUI charge.

Once it became clear to our DUI Lawyers in Rancho Cucamonga that the DA assigned on this case was not going to cooperate, we decided to prepare to take this case to trial. We felt confident that we could convince a jury that the facts of this case did not support a conviction for DUI.

To make a long story short, after a year long fight on this case, on the eve of trial, the district attorney finally agreed to reduce the charges to a dry reckless driving offense. This was better than our client had ever hoped for, and rather than expose himself to any risk of conviction at trial, our client agreed to a plea bargain for a reckless driving charge (dry reckless).

Again, this is one of those cases in which a less determined Rancho Cucamonga DUI attorney would have given up when it became clear that the District Attorney had no intention of working out a fair deal. But the fantastic outcome our client deserved was not going to come without a fight.

If you are being charged with a DUI in Rancho Cucamonga or any court in Southern California, do not give up with out a fight. Call Us. We know how to fight for you.

Field Sobriety Tests – Can I Deny Field Sobriety Tests?

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Field sobriety tests are conducted under difficult and nerve racking conditions right after you have been pulled over for suspicion of drunk driving. Typically, the driver is asked to submit to physically demanding tests, including:

Walking in a straight line, heel to toe and toe to heel – frequently on gravelly, uneven pavement.

Stand on one leg for a period of time, balancing in the darkness of night or heat of day; ladies must do so in their high heels if they are wearing them. Professional athletes and gymnasts

Follow the beam of a flashlight that is pointed in your eyes at a close distance.

You cannot be required or forced by authorities to take field sobriety tests. The officer often uses these tests in an effort to gather damaging evidence against you. DUI attorneys vehemently advise against taking roadside sobriety tests.

What Happens if You Refuse to Take a Blood, Breath or Urine Test?

If you refuse to submit to a blood, breath or urine test your driver’s license will be suspended.

In California, as an example, the driver’s license suspension is one year.

The refusal to take the test is a violation of the implied consent law: every driver gives their consent when they receive their driver’s license.