Reseda DUI Arrests
Most often, DUI arrests in and around Reseda will take place at a traffic stop or checkpoint, but there are plenty of pull-over DUI arrests as well. Suspects will be put through a series of field sobriety tests and then have their BAC tested with a breathalyzer. After you have been arrested, you will probably be asked to submit to a blood or breath test at the police station/jail—and refusal such chemical tests can incur more severe penalties if convicted (including up to a one-year license suspension).
The arresting officer will typically confiscate your license and mail it to the DMV's office. Then, he will hand you a "pink" (temporary) license, along with a DUI citation that bears your arraignment date. For a first-time misdemeanor DUI, most people are released without bail within a few hours of the arrest. For felony DUIs or a second DUI within 10 years of the first DUI, you will have to get out on bail.
At the DMV Hearing
If you don't file for a DMV hearing within 10 days, you lose the right to one and get an automatic license suspension after 30 days. Contact Ross Sobel today, and he can schedule your DMV hearing for you before it's too late. He may even be able to get you more time to prepare before the hearing is held and have some influence over which hearing officer is assigned to your case.
Attorney Ross Sobel can represent you at the hearing, and it is not always necessary that you even attend. He will argue against your license being suspended and muster evidence in your favor. By scrutinizing the maintenance/calibration logs, a history of inaccurate tests could be revealed. By cross-examining the arresting officer, inadequate DUI training and/or failure to adhere to protocol during your arrest may be discovered. It is not at all improbable that your DUI could be dismissed or the charges/penalties reduced.
The purpose of the DMV hearing is simply to determine if you operate a motor vehicle with a blood-alcohol content of .08% or higher, or in the case of a minor, with any alcohol presence at all. The DMV's "verdict" will be mailed out within 30 days' time, and if you were found guilty, your license will be suspended within a fews days of being notified. Otherwise, no suspension will occur, at least not immediately. Regardless of the DMV decision, you could end up going to a jury trial (unless a settlement is reached first).
Attorney Ross Sobel is a skilled negotiator who can often get your charges reduced when they can't be dismissed. If, however, it comes down to a courtroom contest, he is more than able to hold his own against the D.A. or prosecutor. And in a worst-case scenario where you cannot avoid a license suspension, Ross Sobel knows how to work to shorten its length, make it easier to get reinstated, and to get you a temporary license to use for work/DUI classes in the meantime.
Common DUI Defenses
Most people assume that fighting DUI charges is an exercise in futility, but this is simply not the case. A good DUI defense attorney will know where to look to find weaknesses in the prosecutor's evidence. By examining the site of the arrest, challenging test results, and cross-examining witnesses, he may be able to cast "reasonable doubt" on the allegations brought against you.
Some of the most common factors that assist in DUI defense include:
- Arresting officers often fail to follow standard roadside DUI investigation procedures. This may invalidate field sobriety tests and put a question mark on other evidences.
- You may have been stopped and/or arrested without probable cause. You may also have been arrested without first being read your Miranda Rights. These issues can lead to evidence against you being declared "inadmissible."
- The test results may simply be inaccurate. Breath and blood tests are not 100% reliable, and getting an independent lab to retest your blood samples often turns up a lower BAC. It could also be that a medical condition or foreign substance interfered with the test results or that the sample was contaminated.
Contact Us Today
At the Law Offices of Ross Howell Sobel, we have handled literally thousands of DUI cases over the years, and we know how to win yours. Call us toll-free, 24/7 at 818-582-2350 for a free consultation and immediate attention to your case. We will fight to protect your rights, to keep your license valid, and to secure the best possible outcome to your case.
If you are facing DUI charges in Reseda, CA, or anywhere in the Los Angeles area, do not hesitate to reach out to us for help. Remember that you only have 10 days to request a DMV hearing before it's too late.
