A simple DUI becomes a felony DUI when the same is attended by aggravating circumstances. These would include the following situations:

• The DUI offense led to the injury or death of another person.
• The offender has committed three or more prior DUI convictions within a ten-year period.
• The offender already had at least one prior felony DUI conviction.

These enumerations are not exclusive. In other words, you may still be cited for a felony DUI instead of just a misdemeanor DUI in other cases. One example is when you committed an additional vehicle code violation when you were charged with the DUI offense or when you have been driving negligently. However, any of the following circumstances must also concur:

• You were caught driving under the influence and causing injury in the process.
• You committed DUI vehicular manslaughter.
• You committed DUI second degree murder or otherwise known as “Watson Murder.”

Now when we talk of “prior offenses” to classify them as “prior convictions within a ten-year period,” the offender must have committed either a California DUI, a California “wet reckless,” or an out-of-state conviction which would still be the equivalent of a DUI had it been committed in the state of California. So what is a “wet reckless” DUI? Under pertinent legislation, a California “wet reckless” is generally the first level of DUI reduction that the prosecution will offer. The term “wet” signifies that the offender was indeed driving under the influence of alcohol or maybe even drugs in some cases. Now here’s something quite important to keep in mind: a California wet reckless is not really a charge for which one can be arrested but rather, it can be offered as a plea bargained settlement in place of a DUI. It goes without saying that in all these circumstances, seeking immediate legal assistance from an experienced DUI defense attorney is definitely vital.

First off, the so-called “excessive moving violations” is one of the more popular causes for you to have your California license suspended. Note that in the state of California, it observes what is known as a point system. What is this all about? With the point system, drivers accumulate points on their license for every moving violation they commit. This is how it works: in the event that you accumulate 4 points within a span of just one year; 6 points in two years; or 8 points in 3 years, your license will be suspended. If you committed even more number of points, then you will be placed on driving probation for a year and there is a great chance that your license may be revoked.

The next is of course, the more familiar DUI violations. Whether it’s drugs or alcohol, once you are arrested for driving under the influence, the arresting officer will suspend your license immediately. He will then send the suspension and report to the DMV (Department of Motor Vehicle) who will either uphold the suspension or dismiss the same depending on the offender’s defense. This is why it is imperative that the moment you are arrested for DUI, you have to schedule an administrative hearing with the DMV within 10 days from the time of such arrest. Otherwise, the DMV will base its decision on just the report of the arresting officer and will most likely uphold your suspension.

There are still number of other causes that may give rise to the suspension of one’s driving privileges in the state. One is when you fall under the Negligent Operator Treatment System Program or NOTS. Essentially, this program is based “on a series of negligent operator points which are added to your driving license over a specific period of time.” Some more causes include:

• Refusal to take a mandatory alcohol or drug test or it qualifies as a failed test
• Driving an uninsured vehicle
• Driving without a license or a suspended license or an expired restricted license
• Non-driving violations such as failing to pay traffic tickets or other fines

If you encounter any of these situations, contact an experienced DUI defense attorney immediately. You cannot afford to remain complacent because it could mean the complete loss of your driving privileges.

When you are charged with a DUI offense in California, you basically face two types of cases. One is a criminal case filed before the regular courts which deal with the DUI violation per se. In other words, it deals with the criminal aspect of the case and the imposition of the proper penalties for the same. The other is in the nature of an administrative charge filed with the Department of Motor Vehicles (DMV). This now focuses on the sanctions against one’s driving privileges. Keep in mind that the moment the arresting officer cites you for a drunk-driving violation, he will immediately confiscate your license. A temporary license will be issued in lieu of your original one. However, this will be good only for a duration of 30 days which is generally non-extendible.

This is the part where every holder of a California driver’s license should be sufficiently aware of. From the moment the arresting officer charges you and confiscates your license, you have a period of 10 days to schedule an administrative hearing with the DMV. If you do not take swift action, the chances of the DMV in still granting you another hearing date are quite nil. Worse, it will base its decision solely on the report of the arresting officer and most probably uphold the same. Hence, your driving privileges will be greatly endangered and there’s an even greater chance for a mere suspension to become a total revocation of your license. On the other hand, if you schedule the administrative hearing appropriately, you have all the chances to disprove the report of the arresting officer and contest even the breath, blood, or urine test conducted.

This is where you can see how vital it is that you should secure the services of a highly competent DUI defense attorney the moment you are arrested. Your attorney will take charge in requesting for the administrative hearing and overthrowing the evidence of the arresting officer. Thus, you are able to keep your driving privileges until the court decision for your criminal case is concluded.

Now what defines “abuse” under the pertinent legislation? Essentially, it is considered as domestic abuse when any or all of the following acts have been committed against the victim:

• Physically hurting or trying to hurt someone, intentionally or recklessly;
• Sexual assault;
• The act of making someone feel afraid that they or someone else are about to be seriously hurt such as making threats of violence; and
• Exhibiting unreasonably aggressive behavior such as harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.

Given such a comprehensive definition, it should be remembered that “abuse” is not limited to the physical aspect. Aggressive verbal, emotional, or psychological behaviour that is intended towards damaging the other party’s self-worth or destroying his reputation to an almost irreparable extent also constitute “abuse” as defined under the law. In some cases, there is even no sign of physical violence at all but the partner-victim has been subjected to the harsh control of the partner-abuser. Not only are his movements and decisions being unnaturally restricted, his self-esteem, pride, and overall personality is being manipulated to such a severe extent.

If you are a victim of domestic abuse, the very first thing you need to remember is the fact that you can actually secure a restraining order from the proper court to protect you from further harm. This also applies when the abuse is being exhibited on your child or other immediate family members. For this purpose, you should seek legal assistance as soon as possible in order for the appropriate remedies to be pursued. You might also need to undergo counseling and other similar programs to help you cope with the emotional and psychological trauma especially once the case is filed against your partner. Note, nonetheless, that with a restraining order, not only would you be sheltered from further violent acts of your partner but the necessary financial support will also be mandated by the court from the abusive party.

I am, however, a Hollywood defense attorney, and as such I’ve seen more of these cases than you realize, spoken to families going through this tragedy, and I have a broader understanding of the issue.  As you dig deeper into these cases you realize that the perpetrators are often victims of violence themselves, and/or come from dysfunctional families.  As gross as their crimes may be, they are also victims.  Weston Cage has his own demons.  In my mind there is absolutely no doubt about that.

The day after the violent incident is a chaotic day for everyone.  The abuser is filled with remorse and regret.  The victim is hurt and drowning in depths of sadness.  There may be charges to deal with, public scrutiny…it is a difficult time for everyone involved.

In the State of California, the penalties for domestic violence are incredibly severe.  If you have been charged you are looking at jail time.  How you conduct yourself in the wake of domestic violence will determine if you go to jail, if you receive treatment, and your permanent record.  As a Hollywood defense attorney I work with families every day to provide relief for their immediate situation and point them to avenues of healing.

If you or a loved one has been involved in a domestic violence dispute, call me or come by my office.  You will find a sympathetic ear and shoulder to lean on.

Image via Wikipedia

I Stumbled Upon an article a few weeks back about “celebrity lawbreakers”.  It was a blog that was obviously meant to be humorous regarding those celebrities who have either been caught driving while under the influence of drugs and/or alcohol or caught with their proverbial knickers down in an undercover prostitution sting.  There is something about watching the rich and famous tumble from great heights that really grabs the attention of the American public.  Here in Hollywood, even with celebrity sightings everywhere, Los Angelinos are still gripped to the television when celebrity criminal cases go to court.

As a Hollywood defense attorney I don’t really make a distinction between celebrities and the “average” citizen–mostly because I know better.  As a former prosecutor I have seen it all.  I’ve seen people at their best, their worst, and their most vulnerable.  When I see celebrity mugshots like those in the blog I was describing I don’t smirk.  I don’t smile.  I see someone who made a mistake, an error in judgment, or (in many cases) someone with some serious inner demons they are battling.

Celebrities are no different than anyone else when it comes to legal issues.  They face the same set of consequences as you or I.  The only difference is that they have more people “advising” them on how they should handle their court case.  And as you can see from certain Not To Be Named starlets their advisers don’t always give them the best advice.  A good Hollywood defense attorney, someone like myself who also worked in the prosecutor’s office, uses the same tools and techniques as the more high profile attorneys.  When you hire an attorney like myself you are getting the same exact service as celebrities get with their higher priced attorneys.  Don’t look at an attorney’s rate or office location to determine who should represent you, look at their track record.  How successful has he or she been?  Does he or she treat you with respect?  Do you get a good vibe from him or her?

An attorney’s rates do not necessarily correlate with their abilities.  There are some cheaper attorneys with no experience and some higher priced attorney’s who can’t offer any better service than the moderately-priced attorneys.  The fact is that certain starlets who we won’t name didn’t get preferential treatment by the courts.  It was neither better nor worse than what you might receive on your DUI case.  She just paid her lawyer a whole lot more than you would.

Courts City of Los Angeles

The other morning I was surfing the Net over coffee when I happend upon a blog post instructing individuals as to how they might successfully “self represent” in a court of law.  It went over all of the “whys”, “hows”, and “whens” someone should represent themselves in court.  When I got to the part of the blog where they explained how to defend a DUI I almost fell out of my chair!  It was grossly inaccurate and cavalier in its advice that I had to present a counter argument–I am a lawyer, after all– lest anyone out there actually consider going before a judge after they were pulled over with a California DUI and think that they are going to convince the courts that they should be exempt from mandatory penalties imposed by our state legislature.

California has gotten very tough on DUI offenses.  Your vehicle can be impounded and sold, you can lose your license, do jail time…this is not something to be taken lightly.  When it comes to Hollywood DUI offenses the worst thing you can do is to represent yourself in court.  Take it from this Hollywood defense attorney, no good ever comes from representing yourself in a DUI case.  There are far too many penalties that are associated with DUIs today for you to take such a chance.  This isn’t traffic court.  You didn’t just get a speeding ticket.  You have the potential for a felony on your record.

When you get a Hollywood DUI you absolutely want a lawyer on your side that knows how to mitigate the circumstances of your arrest, who can negotiate with the prosecution for better terms prior to a judge having his or her say.  The prosecutor needs to already be in your corner on what the terms of the case will be.  A good Los Angeles defense attorney is already working for you before you even hear the words: “All rise…”

Take if from me.  If you are going to represent yourself let it be in traffic court or small claims.  Never in a DUI defense.

Image via Wikipedia

Even in an instance where there were no injuries involved in the DUI, the courts see a second offense as an indication of a behavioral pattern and will definitely raise the stakes on a defendant.  This where you definitely will need a good LA DUI attorney on your side.

The courts can decide (but usually don’t) to make the second offense a felony even in the case of a non-injury DUI.  If there was property damage, for example, the court might decide that the DUI merits being a felony.  Your Hollywood criminal attorney can help to keep this possibility from becoming a reality by mitigating the circumstances of the case and relating the incident from your perspective in such as way as to move the courts towards keeping the case a misdemeanor.

All of the same penalties as with a first-time DUI are still applicable, only this time the terms are broader and longer:

• Jail Time–the sliding bar moves from 48 hours to 6 months for a first offense to 90-120 day mandatory (but no more than a year)
• Fines–$390 to $1000
• Vehicle Impound–vehicle can be seized and disposed of (yes, disposed of)
• Driving school–time in school is also raised to 18-30 months
• Probation–this time you will be assigned a probation officer
• Community Service–10 days are mandatory for a second offense as an alternative to jail time
• License Suspension–2 year suspension

As you can see the potential for jail time is quite high for a second offense.  You will need a good lawyer, someone like me who has been on the other side of the court as a prosecutor, to help you get the lowest possible sentencing for your DUI conviction.  The State of California takes DUIs very seriously.  Even celebrities like Paris Hilton, Lindsay Lohan, and Nicole Ritchie saw jail time for their DUI offense. If you’ve been involved with a second offense DUI come see us today.

In a situation where there were no injuries, where you were just pulled over by a police officer, the charge is usually that of a non-felony, misdemeanor offense.  However, when an injury does occur this can (and does quite often) be become elevated to “felony” status.

In the first example, that of a typical first offense, non-injury DUI, the judge has many options for punishment that are all out there on the table which is why it is best for anyone facing a DUI case–even if it is their first offense to contact an LA DUI attorney or Hollywood defense attorney like me.

Fines

Fines are probably the most benign penalty the courts can bestow.  They are also the most common.  Fines range from $390 plus penalty assessment to over $1000 plus penalty assessment.

Jail

Unfortunately, this can be a result of a first time DUI.  Jail time can be anywhere from 48 hours to 6 months for a first offense.  Avoiding jail time is probably the biggest reason someone would want to choose a Hollywood criminal attorney like myself.  There are ways of getting around jail time, and having been a prosecutor prior to my life as an LA defense attorney I know all of them.

License Suspension

Another tool utilized by the courts is a 6 month license suspension–1 year if you are under the age of 21.  This one hits hard since most of us use our own vehicles to get to and from work.  The courts can restore driving privileges for work after 30 days if hardship is proven.

Vehicle Impound

Yes, they can and often do impound your vehicle even on a first offense.

Ignition Interlock Device

You could also be ordered to install an ignition interlock device.  These are devices that must be breathed into before the vehicle can be started that can prevent the inebriated from driving the vehicle.  If the court mandates that you must have an IID installed on your vehicle you will also be required to present paperwork to the DMV.

DUI School

How long you are mandated to attend has a lot to do with your age and BAC (Blood Alcohol Content) at the time of the arrest.  Under 21 and you will be attending a DUI school, over 21 and you may still be required to attend for 3-6 months.

Community Service

Most Hollywood DUI lawyers will try and work with the courts to have their clients get community service.  Not only is it less punitive (especially for the first time DUI offender) but it is also restorative.  Helping others is always good for the soul.

Probation

In a first time DUI case with no injuries the probation one might receive is usually informal (meaning without a probation officer).

All of these are approaches to dealing with non-felony, first time DUI offenders in the state of California.  As you can see, the punishments are wide-ranging which is why you need a good Los Angeles DUI attorney to help you to mitigate the circumstances and reduce the penalties surrounding your DUI.