Question: When getting arrested for a DUI, do you have to be read your miranda rights?
I was arrested for a DUI in Tarzana, CA and agreed to do the breathalyzer. They brought me to jail where I was processed then sat in the drunk tank and was released 5 hours later. I was never read my Miranda rights though and was wondering if it was required by the officers.  Does this mean that the DUI charges will be dismissed and the arrest is not lawful?

Answer:   If you are not read your Miranda rights, then statements that you made after getting arrested potentially can be suppressed.  It does not mean that your DUI charges will automatically be dismissed, but it can be helpful.

Sincerely,

Phil Hache,
DUI & Criminal Defense Attorney
www.1DUILawyer.com
Handling DUI and Criminal matters throughout Courts in Southern California including Los Angeles County, Ventura County, and Orange County Courts.

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Any knowledge will be greatly appreciated. I believe this is a first DUI offense for me.  Roughly 20 years ago when I was a minor I was caught for drinking and driving. It was so long ago I don’t even remember the details, but if I can remember correctly, they said it would not show on my adult record (that it would be sealed)…is this true? This is in Van Nuys, California.

Answer: If convicted, it will only count as one DUI against you on your record, even if you were to go to trial and be found guilty on both charges. The two charges are just two different ways for the prosecutor to attack you on the DUI charges.

Attorney Phil Hache

Even if you had a DUI conviction as an adult, but was over 10 years ago, the current charge would still be charged as a first offense DUI. That being said, if it was a DUI as an adult, the prosecutor could use it against you during plea negotiations, although it would still be a 1st DUI.

You should contact a DUI attorney in your area to discuss your case in more detail. It may be possible to beat the DUI charges and/or get the charges reduced to a lesser offense.

I handle DUI cases in Van Nuys, CA all the time.  The Van Nuys Court is up the street from my office.  Feel free to call me at 818-336-1384 for a free consultation if you would like to discuss your case further.

There is more information about here about:  DUI Info

Sincerely,

Phil Hache, Attorney At Law

DUI Attorney in Van Nuys, CA; Los Angeles County, Orange County, Ventura County

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Answer:  I would recommend that you speak with an attorney in your area as soon as possible to discuss this situation further.  You say a minor criminal matter….are you charged with a misdemeanor, infraction….????  Generally it is best to clear the FTA’s as soon as possible.  Depending on whether the case is an infraction or misdemeanor, and which court your case is in, will make a difference on how the fta is handled, and whether there is a bench warrant, or hold on your drivers license.

What court is her case in?  If her case is in Los Angeles or a surrounding county, I can advise you better about her situation. If you have further questions, feel free to contact me at 818-336-1384

Sincerely,

Phil Hache, Attorney At Law

DUI Attorney, Expungement / Traffic Ticket Attorney

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In February  2007 (BEFORE my court date for DUI) I was stopped for driving on a suspended license in California. The charge was ultimately plead down to a VC 12500 driving without a license as a misdemeanor and the court date was in August, 2007.

This year I filed a petitions to have both charges dismissed under section 1203.4.  I did the DUI dismissal myself, and had an attorney for the VC 12500 driving without a license, which was done first.   The VC 12500 driving without a valid license has now been dismissed under 1203.4 but the  D.A. for the dismissal I filed is arguing that the second violation was a probation violation so the dismissal should not be granted.  Now that there is a dismissal challenge, what should I do?

Should I refiled for 1203.4 dismissal?  Should I have a DUI Attorney take it from here for me?  I am frustrated that I just didn’t hire a DUI attorney to file it in the first place to save me time, frustration, and perhaps would have gotten it dismissed the first go around.  Is it too late?

Answer:  You may want to retain an attorney to handle the 1203.4 that is still pending. If prosecutor is arguing the motion, it is generally better to have an attorney argue your case and potentially file a rebuttal to any motion the prosecutor submits.

DUI and Criminal Defense Attorney

Argument being what you pointed out, that the incident in question occurred prior to the date of your conviction on the first offense. Thus, you were not on probation at the time the incident in occurred (even though you were convicted of that charge while you were on probation). Thus, while you were on probation, you did obey all laws as the other incident occurred pre-probation.

The reason to get an attorney to help make that argument, is things don’t always go the way you feel they should in court, and it is better to have an attorney to fully fight the situation in the event the Judges intuition is to go the other way on the matter. An attorney familiar with court procedures, and perhaps that can have a better shot at talking to the prosecutor prior to a hearing on the issue would be a good idea.

What court is her case in?  If her case is in Los Angeles or a surrounding county, I can advise you better about her situation. If you have further questions, feel free to contact me at 818-336-1384

Sincerely,

Phil Hache, Attorney At Law

DUI Attorney, Expungement / Dismissal Attorney

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Question:   Is it possible for my daughter-in-law to be brought after a DUI blood test? My daughter-in-law is a habitual liar and abuses prescription drugs but my son believes everything she says. My son has a car in our name as it isn’t paid for yet and my husband got the loan for him.

I have told my son that I don’t like his wife driving that car because she has wrecked several cars and most likely under the influence, but never got caught. Unfortunately for them, we are out of town on vacation and my son couldn’t get the car out without us faxing a driver’s license and permission to get it or we wouldn’t have known this happened. She drove the car a few days ago and was supposedly cited for a driving under the influence according to the person at the impound. My son told us that the police officer took her to the local hospital for a blood test and then the officer brought her home.

Answer:  I am not clear what your question is.  Are you wondering if the officer would bring your daughter home after having her take a blood test?  If so, generally, that would not happen.  At least not in Los Angeles or surrounding counties that I have dealt with.  If someone is arrested for DUI and then does a blood test, they would not test the blood immediately, and would thus be unaware of any levels of alcohol or drugs (based on that blood test). Usually what they would do at that point is keep that person in custody for a certain amount of hours, then potentially release them on O.R. release, or make them post bail, or keep them in custody until the arraignment depending on the seriousness of the alleged crime if O.R. is not granted and bail not tendered.

Sincerely,

Phil Hache, Attorney At Law

DUI Attorney  

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Answer:  If one gets arrested for a new charge while on probation, the court where the prior conviction for which you are on probation for, can set a probation hearing. Even if the case you were arrested for gets dismissed, you still may have to deal with a probation violation hearing matter, and be found in violation of probation even though the new charge was dismissed.   If you are convicted of a new charge, then the likelihood of additional punishment on a It is possible to win the probation violation hearing, or the Judge reinstate probation without further penalty.

Attorney Phil Hache

Note that a probation violation hearing has different standards and process than an underlying criminal charge.   For example, probation violation hearings are in front of a Judge, no right to a jury like misdemeanor or felony charges.  Also, the burden of proof is preponderance of the evidence, unlike beyond a reasonable doubt for a misdemeanor or felony charge.

You should speak to an attorney in your area to discuss your new charge and your probation violation issue in more detail.

Feel free to call me at 818-336-1384 to discuss your situation further.  Also, there is more information about probation violations on 1DUILawyer.com .  I handle probation violation cases in Orange County, Ventura County and Los Angeles County.    There is some statutory language about probation here:  PC 1203

Sincerely,

Phil Hache, Attorney At Law

DUI Attorney, Criminal Defense Attorney

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Answer:  A case can settle even during trial (before a jury reaches a decision). But, it is possible for a prosecutor to pull an offer, or give a better offer prior to trial they they would once the matter is set for trial or a jury is picked. It is also possible that a deal can get better on the eve of trial.

DUI and Criminal Defense Attorney

You should be speaking to your DUI attorney about your situation so you fully understand your options. I am assuming you have one at this point. If you don’t have one, I would recommend finding one as soon as possible. A DUI attorney would need to know more about your specific situation before they could advise or give opinions on how you should proceed, and give more full explanations of the potential risks, costs and rewards of going to trial .

Are there other issues on top of your DUI? Were you on probation at the time of your 2nd DUI arrest?

Feel free to call me at 818-336-1384 to discuss your situation further.  Also, there is more information about DUI’s on 1DUILawyer.com .  I handle DUI cases in Orange County and Los Angeles County.

Sincerely,

Phil Hache, Attorney At Law

DUI Attorney, Criminal Defense Attorney

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Question:  What can I do if I can’t complete my DUI class because of lack of fund?  I have complied with most of my the parts of my DUI. Except I am still enrolled in the classes I needed to take and I have paid my fine off. I have been making payments but still have quite a bit of the debt left. I had to do 30 hours of alcohol classes. I already have half that done. Obviously the lack of funds is what is holding me but I am trying

Answer:  The court may grant an extension for your alcohol program.  If you miss too many classes before it is complete, you may have to get an order of re-enrollment from the court.  It is better to make this request prior to the due date of completion, and before your probation is violated (by not completing the course in the time required by the Court as originally sentenced).  If you had an attorney handle your case, you should check with him or her about your situation.

If your case is in Los Angeles County, feel free to call me at 818-336-1384 to discuss your situation further.  Also, there is more information about DUI’s on 1DUILawyer.com

Sincerely,

Phil Hache, Attorney At Law

DUI Attorney, Criminal Defense Attorney

The post DUI classes appeared first on DUI Attorney & Criminal Defense Van Nuys, Sherman Oaks, San Fernando, Encino, Woodland Hills, DUI Lawyer, Traffic Ticket, Criminal Defense.

Question:  Would leaving your blinker on to long be bad driving?  Would leaving your turn signal on to long after you made your turn be considered bad driving bad enough to be pulled over?  I was pulled over because I left my blinker on after taking a turn.  I then had to do DUI tests and was arrested for a DUI.  Should I have been pulled over?

Answer:  I would like to know more about your case. Best for you to contact a DUI attorney in your area. May be a 1538 suppression motion here if the only reason of getting pulled over was blinker on. Then, depending on what’s in report, that can help determine the likelihood of potentially winning on a suppression motion.  How long after the turn did you get pulled over?  Was it a few seconds after?  Or were you driving for several minutes with your blinker on before cops pulled you over?

Did the officer tell you the reason why he pulled you over after he stopped you?  Or are you assuming he pulled you over because your blinker was on too long?

If your case is in Los Angeles or a surrounding county, call me at 818-336-1384 to discuss your situation further.   There is also more information at:  1DUILawyer.com

Sincerely,

Phil Hache, Attorney At Law

DUI Attorney, Criminal Defense Attorney

The post Pulled over arrested for DUI appeared first on DUI Attorney & Criminal Defense Van Nuys, Sherman Oaks, San Fernando, Encino, Woodland Hills, DUI Lawyer, Traffic Ticket, Criminal Defense.

Answer:  If you are convicted of a VC 23103, and your VC 23152 charges are dismissed, then yes, you would write “VC 23103″ when asked if convicted of a misdemeanor or felony. Although you may have been initially charged with a VC 23152….if you are not convicted of that crime…then you are not convicted of that crime. 

Also, in the event you end up being convicted of a misdemeanor,  you may want to speak to your attorney about a 1203.4 dismissal which can be beneficial to you and job applications in the future.

If your case is in Los Angeles or a surrounding county, call me at 818-336-1384 to discuss your situation further.   There is also more information at:  1DUILawyer.com

Sincerely,

Phil Hache, Attorney At Law

The post DUI and job applications appeared first on DUI Attorney & Criminal Defense Van Nuys, Sherman Oaks, San Fernando, Encino, Woodland Hills, DUI Lawyer, Traffic Ticket, Criminal Defense.