This DUI Attorney
participates in the
International Referral Database of DUI Attorneys and has provided the
following information about DUI Law in California. California DUI Laws are
complex and you should consult a California DUI Attorney
forthwith and before your first attendance in California DUI Court.
Southern California DUI Attorney
18411 Crenshaw Blvd. Suite 417, Torrance Also - -1412 17th Street, Suite 555, Bakersfield CA 93301
CALIFORNIA - STATEWIDE CRIMINAL DEFENSE, CA
Phone: 310-527-4100 and 661-327-7833
Toll-free Phone: 877-213-4453
CALIFORNIA CRIMINAL DEFENSE, DUI/DWI Attorney,Los Angeles, San Luis Obispo and Kern County Drunk Driving Lawyer CAll FOR A FREE CONSULTATION WITH THE ATTORNEY. All Drunk Driving stops and detentions including arrest for DUI and driving under the influence cases. We can help you to avoid jail, save your driver's license and keep your car insurance costs down.
YOU MAY NEVER HAVE TO APPEAR IN COURT! Click the following link to view our Recent DUI Case Results
Why Hire me as your DUI Defense Lawyer?
For starters, I have personally handled well over four thousand DUI cases over the course of my career. I have personally obtained acquittals (Not Guilty after a jury trial) for my clients in virtually every kind of DUI including: Refusals, BAC .15% and higher, Under 21 DUI, open container, public intoxication, 23152(a) and 23152(b) to just name a few. What also differentiates me from other "DUI Law Firms" is that when you retain me as your attorney you actually get me, not some younger lesser experienced "associate" thet is handed the case. You see, when you call some other drunk driving lawyers they put the senior attorney on the phone to sell you then hand the case off to a neophyte young lawyer to go to Court for you, not so when you hire me, you get me with over 15 years of DUi experience, you get my cell number and you have the comfort in knowing I will fight for you personally every step of the way. In addition, unlike some attorneys, I go to trial and fight for my clients when necessary. Because of my reputation for winning at trial it is often possible to negotiate dismissals, reductions, and other favorable dispositions without having to go to trial. In addition, I have the necessary staff and resources to challenge the DMV and the District Attorneys Office.
Over the past fifteen years I have personally represented Lawyers, CHP officers, Court Reporters, police officers, nurses, doctors, engineers, students, actors, musicians, people of all walks of life charged with DUI.
100% of my practice is criminal defense and DUI. For me, your criminal charge is my full time job. I have taught seminars, written articles, trained other lawyers in the area of DUI. Most all of my cases are won by my relentless defense work, I file motions, litigate constitutional issues and press every case for dismissal. I do not believe in pleading my clients guilty unless all other means have been exhausted. I utilize experts, investigators and toxicologists to obtain the best result in every case. It is for the foregoing reasons that other lawyers come to me when they are arrested for drunk driving and subsequently charged with DUI. I can help you too!
Practice for this DUI Attorney in the following Regions, Cities, and Counties:
Sometimes bad things happen to good people, when it does you need an experienced
Description of this DUI Lawyer Practice:
To begin with, let me say I know what you are going through if you have been recently arrested for a DUI or Boating Under the Influence of Alcohol. And we hope that if you, a family member or someone else you care about has been involved a traffic collision, that they are okay. Also, it is very important for us to learn right away if you received a temporary driver license from the arresting officer. On that form you will see that the DMV must be contacted within ten days of arrest to request a hearing to stop your automatic driver license suspension! Otherwise, on a first offense, your driver license could be suspended automatically from 4 months to one year and on a second offense for a one year license suspension! Also, please note that if you are subsequently caught driving on a suspended license, a new law says that in addition to being arrested the car you are driving will be impounded and can even be sold! However, you may still qualify for a restricted driver license! We have been handling DMV license suspension hearings for many years and we are quite successful at representing our clients and eliminating the driver license suspension. Our firm would be happy to contact DMV for you so you can continue to drive. Please call us immediately at 1-877-213-4453
DUI Defense Information
Matthew J. Ruff, Attorney at Law
Toll Free number 1-877-213-4453
Torrance CA and Bakersfield CA DUI and DWI Lawyer, Drunk Driving Lawyer, DUI Defense Lawyer, DUI/DWI Lawyers in the communities of: Los Angeles County: Dui Lawyers Torrance, Dui Lawyer Alhambra, Dui Lawyers Arcadia, Dui Attorney Artesia, Dui Attorney Avalon, Dui Attorney Azusa, Dui Attorney Baldwin Park, Dui Lawyer Bellflower, Dui Attorney Bell Gardens, Dui Attorney Beverly Hills, Burbank DUI Defense Lawyer, , The state of California has a myriad of ways to suspend a person's privilege to drive. Among the most common are those related to the improper use of alcohol and drugs. On the top of that list is the Administrative Per Se suspension hearings, also referred to as "APS" DMV hearings which arise out of a DUI arrest. This area is discussed more fully in our DMV Information page. These hearings are conducted at Driver Safety offices located throughout the state. In Los Angeles County the hearing locations are as follows: El Segundo, Van Nuys, Downtown Los Angeles, Commerce and Inglewood. In Kern County the DMV hearings are held in Bakersfield, and in San Luis Obispo County the driver safety offices are in Oxnard, and downtown San Luis Obispo. The DMV Hearings are very informal and do not involve an actual independent Judge, rather they are presided over by a DMV employee known as a hearing officer. Although these officers are not lawyers they do have training in the proper procedures and relevant law that dictates how evidence is presented and what standard of proof is necessary to sustain a suspension of an individual's drivers license. The "dual role" of the hearing officer as both an impartial judge of the facts and as a prosecutor for the department has created the appearance of a conflict of interest, but the Courts have held this is acceptable, much to the dislike of most attorneys that practice regularly in the area. In addition to APS hearings, some examples of other types of DMV Hearings include: Negligent Operator Hearings that involve cases where a driver has too many points on their driving record; Fraud Hearings involving the misuse of a drivers license to purchase alcohol by those underage; and Medical and Skill Hearings that involve the issue of a person's ability to drive due to age improper use of drugs and various medical conditions. These DMV hearings can very often be beyond the scope of the average person to handle and therefore the services of a skilled lawyer familiar with the rules and procedures can level the playing field and increase a persons chances of prevailing and saving their license. The most important thing to know about DMV Hearings is that there is a time deadline to request a hearing, if that deadline expires you may not have a right to challenge the suspension at all. If you or a loved one is facing a license suspension or pending DMV hearing, call Attorney Matthew Ruff, he has been defending clients at DMV Hearings for well over 15 years and can give you the edge necessary to win the DMV Hearing. Contact him Toll Free at 1-877-213-4453 today, you will be glad you did., Santa Clarita DUI Defense Lawyer, DUI cases are extremely complex and require the services of an experienced DUI Lawyer with knowledge of all statutory and constitutional laws.
Impaired Driving Lawyer Synopsis of the Law Applicable to this Province or State:
When a California driver is arrested for a DUI, California law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a drunk driving or alcohol related incident, the accused has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. This is called the DMV Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days.
If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield.
The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first DUI offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result.
In most cases, due to work overload, the DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered. This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"! The DMV hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A DMV attorney on your side can at the very least level the playing field. Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the DMV hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ". Another way around the DMV APS suspension is to obtain an acquittal in the criminal court on the DUI "B" count.
First Appearance Notes from this Impaired Driving Attorney:
The First thing anyone needs to understand is that the legal system is a very cold, unsympathetic process. Most Judges are not inclined to take the time to ensure that every person before them is getting a fair shake, that is the job of the defense attorney. Therefore, it is extremely imperative for the accused to have a legal advocate on their side. With that being said, here is the basic process with regard to an initial appearance in Court for a drunk driving arrest. At the DUI arraignment in criminal Court, the defendant will be told their rights, often by way of a videotape, and the charges the local District Attorney filed against them. The good thing is that under the Penal Code (Section 977) A local DUI Defense Attorney can make the appearance for them before the Court. During the initial appearance the lawyer can open a dialogue with the District Attorneys office and work towards a favorable resolution to the DWI or drunk driving case.
BAIL is sometimes set during the arraignment, paricularly in aggravated cases involving high blood alcohol levels, accidents, high speed allegations, where priors exist, when kids are in the car and when the person has previously been convicted of a felony or is on probation. Bail is an "insurance policy" that the defendant will appear before the court again. The amount of bail is determined by the seriousness of the offense and by the Judge. Bail can be $0 if the person is released "on their own recognizance (O.R.)", but it can be increased if the Judge feels that the defendant will not appear in court again. If the person fails to appear before the court, a warrant will be issued for their arrest.
During the DUI arraignment or any proceeding in front of the court, the attorney can bring a motion to reduce bail. The judge decides whether to reduce bail and will consider the client's risk of flight and danger to the public. In a felony case, if your attorney is asking for an O.R. release, the court will most likely set the matter over for an O.R. hearing and order an O.R. report on the defendant. This process usually takes a week. Special appearances occur when an attorney appears in court to ask for a continuance because they have not yet been retained by the defendant and the attorney has not been able to prepare their defense. Special appearances can only be made at the first appearance/arraignment. DISCOVERY is given to the defense attorney at the arraignment, Discovery includes, but is not limited to: DUI police reports, medical records, probation reports, photographs, diagrams and viewing of physical evidence. Discovery in criminal cases must be reciprocal, which means that the prosecution must provide the defense with the evidence they are using in the case. Neither the prosecution nor the defense may "hide" evidence and later introduce it during the trial.
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WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.