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Archive for June, 2010

Will Dismissing Your DUI Criminal Case Prevent the DMV From Suspending Your California Driver’s License?

29 Jun

The short answer is: NO.

In Park v. Valverde, the Defendant was stopped for driving a stolen vehicle, but police information was outdated and the vehicle was not actually stolen.  Cops conducted a stop and noticed objective symptoms of intoxication and the Defendant was arrested for DUI.  The court granted the Defendant’s motion to suppress and dismissed the Criminal Case.  The Defendant lost the DMV Administrative Per Se and appealed.  The Court of appeals upheld the Administrative Per Se ruling because police conduct was not egregious (or that the police did not willfully fail to update stolen vehicle reports).  Continue reading “Will Dismissing Your DUI Criminal Case Prevent the DMV From Suspending Your California Driver’s License?” »

Tags: DUI, DMV, knowledgeable attorney, police conduct, Criminal Defense Articles, Cops, License

Burden of Proof for DMV Administrative Hearings in DUI Cases is Far Less Than in Criminal Cases

19 Jun

In 2009, Auburn v. DMV further lessened the burden of proof in DMV Administrative Per Se Hearings for Driving Under the Influence.  Evidence that the arresting officer had observed the driver weaving in his lane, and almost hit the curb, supported finding of reasonable suspicion to justify a traffic stop, even absent showing of officer’s particular expertise or that weaving occurred over a substantial or considerable distance.

Unlike Criminal Courts, DMV Administrative Hearings/Courts have a different standard of proof.  Continue reading “Burden of Proof for DMV Administrative Hearings in DUI Cases is Far Less Than in Criminal Cases” »

Tags: California, DUI, consultation, dui cases, licensees, Criminal Defense Articles, DMV, DMV

Do You Know Your DUI Rights?

07 Jun

Driving under the influence is a crime. If you are caught driving with a blood alcohol level higher than .08%, you are committing a crime in the state of California and will be charged. Driving under the influence is dangerous and not endorsed in any form. However, even when you are committing a crime, you still have rights. It is the job of a criminal defense attorney to protect those rights and preserve your interest during your case and in your future at work or in the community. Any criminal defense lawyer in Los Angeles would encourage you to understand your rights and work to protect them from the minute you are pulled over for suspicion. Continue reading “Do You Know Your DUI Rights?” »

Tags: Driving under the influence, DUI, criminal defense lawyer, Criminal Defense Articles, Los Angeles, state of california