No driver expects to be stopped for Driving Under The Influence (DUI), so most people are unprepared when pulled over by law enforcement. Being stopped for DUI can be a traumatic and embarrassing experience. By reading the information outlined below you can save yourself or a loved one from a very stressful and aggravating experience.
People arrested for DUI are usually taken to a police station and then to the County Jail. There are several jails in Contra Costa County. If you are trying to locate someone who has been arrested, you will need to have that person’s full name and date of birth to make your search easier.
Release Following Arrest
When a person is arrested, he or she may be released on their written promise to appear in criminal court to face their DUI charges. However in some cases, a person will only be released from jail when they post bail. Bail is an amount of money or property posted with the court as security to ensure the arrested person’s appearance.
When a bail is required, finding a bail bondsman is necessary. A bail bondsman provides the bond to ensure the court appearance of the arrested person. DUI attorney has good relationships with bail agents and may be able to obtain the services of a bail agent at a substantial discount. Therefore, it makes sense to contact John Smith prior to contacting the bail bondsman.
Hiring an Experienced Contra Costa County DUI Attorney
Hiring a competent and trustworthy DUI attorney is a crucial step in the criminal process. A Contra Costa County DUI lawyer can protect your rights and inform you of your legal options. DUI attorney John will thoroughly investigate the conditions of your arrest and represent you during your court and DMV case. John will also provide the resources and aggressive DUI defense you will need to successfully fight your DUI charges in Contra Costa County.
Confiscation of a California Driver’s License
When a person is taken into custody for DUI the officer will confiscate his/her driver’s California driver’s license. The officer will give you a temporary permit to drive. A person then only has only 10 days to schedule a hearing with the California Department of Motor Vehicles to contest their license suspension. Do not be in denial about your DUI case! Failure to schedule a hearing will result in an automatic license suspension.
Arraignment in Contra Costa County
Shortly after DUI charges are filed against a driver, an arraignment is scheduled. Additionally, the DUI attorney can appear on your behalf at an arraignment. This will help you save time and possible embarrassment from having to make a personal appearance in court.
At that time the person must enter a plea of “not guilty”, “guilty” or “no contest.” When a person pleads guilty or no contest, a sentence may be immediately imposed by a judge. The judge may also set release terms and set future court dates at the arraignment. Remember, a person is innocent until proven guilty beyond a reasonable doubt. There are numerous defenses available for DUI arrests. By working with a skillful DUI attorney, a person can greatly increase the chances of building a strong defense against a DUI conviction.
Proving Their Case
Most people assume all is lost just because a breath test result is a .12, or a blood test result is a .15, and that your case is not worth fighting.
In the criminal justice system, the prosecution bears the burden of proof. That means that in order to get a conviction, the prosecutor must convince a judge or jury that you are guilt beyond a reasonable doubt. In California, all 12 jurors must be convinced in your guilt beyond a reasonable doubt. If even one juror votes “not guilty” the jury is hung and the case is usually dismissed.
Although the following four specific aspects are used by the Prosecutor to gain a DUI conviction, they can be disputed to get a DUI dismissal. Compare the aspects to the four wheels in an automobile. If any of the wheels are faulty or missing, a car will not go very far. An accused should be acquitted if there is reasonable doubt regarding any aspect of the case. A skilled and aggressive DUI attorney will challenge the four aspects to help you get your DUI charge dismissed.
The driving pattern that a police officer usually reports is incomplete and one-sided. They only note things that the driver does wrong. An expert DUI attorney can point out things that his client does right and how the driving pattern was consistent with sobriety.
This may appear at first glance to be compelling evidence of guilt; they are usually an opportunity to point out what a poor job of investigation was done by the officer. Often an officer will emphasize red, watery eyes as a symptom of impairment yet failed to ask the driver if he/she is fatigued, has allergies or if there is any other reason for red eyes. An odor of alcohol on the breath can also be misleading. Police officers often face embarrassment when they are forced to admit that it is the mixer in the beverage that has an odor and not the liquor itself.
Field Sobriety Tests (FSTs)
This is one of the easiest aspects to be thrown out by a skilled lawyer. These random, biased administered physical exercises have nothing to do with driving skills. It is reasonable to understand that a person’s agility suffers when nervous and forced to perform roadside gymnastics. This especially true when an armed, uniformed officer has ordered him/her out of the car in the middle of the night.
In order for the results to be accepted, they must first be proven to be accurate and reliable. Even if the machines used in the DUI arrest are working properly, all the regulations regarding testing were observed and if the numbers are indeed accurate, there are still issues relating to the alcohol level at the time of driving. This is the most important piece of a chemical test in a DUI case. It is possible to scientifically demonstrate that someone who is a .12 at the station was really a .06 while driving. Factors such as drinking pattern, stomach contents, absorption rate, time of drinking, time of driving and time of testing will be investigated by a skilled DUI attorney.
Contra Costa DUI Attorney
Do not be in denial or assume your case is lost without first consulting with a knowledgeable DUI attorney! Mr. Smith has been helping people charged with DUI in Contra Costa County for 10 years. DUI attorney John Smith has the education, training and experience to defend you against a DUI. He will also schedule and represent you at the DMV hearing. Do not ignore the ten-day deadline given by DMV. Contact John at 1-800-555-1234 to retain the services of a knowledgeable and trustworthy DUI defense lawyer.
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