Lawrence Wolf - Part 21

How the Legal Process Works Once Charged with a DUI

The California DUI legal process is complex. There are two separate legal actions involved with a DUI charge in California. One is the suspension or revocation of your driver’s license. The second is any potential criminal charges.

Once you are arrested for driving under the influence in California, a police officer will confiscate your driver’s license and will complete a license suspension or revocation form and forward that to the DMV. The DMV will then conduct a review where it examines the officer’s report, the suspension or revocation order, and test results. The DMV then decides whether to uphold the driver’s license suspension or revocation. You have the right to request a hearing to protest the suspension or revocation within 10 days of receiving the order. At the end of the suspension or revocation period, you can get your license back by paying a fee to the DMV and providing proof of financial responsibility.

The second part of the CA DUI is the criminal case. This is where a court determines if you are guilty of a criminal act – driving under the influence of alcohol or drugs. The criminal case can be carried out in a mixture of ways, including a guilty plea, a plea bargain, getting the charges dismissed, and proceeding to trial. If you are acquitted in the criminal trial, the license suspension or revocation will be reversed by the DMV.

A California DUI conviction or arrest can be serious. You need a law firm that is experienced at fighting DUI charges and dedicated to its clients. Call the Law Offices of Lawrence Wolf today. Our knowledgeable Los Angeles DUI attorneys are waiting to help. For a free consultation, contact us at [number type=”1″].

Issues that Arise from a DUI for Certain Professionals

Some professionals need to report DUI arrests or convictions to licensing boards by law.

The FAA requires pilots to send a Notification Letter within 60 days of any alcohol related conviction or administrative action. A separate Notification Letter is required for each alcohol related event. For example, separate Notification Letters would be required for a driver’s license suspension and a subsequent DUI conviction. Click here to learn more about the FAA’s requirements for alcohol reporting for pilots.

Attorneys are required to self-report felony indictments, felony or misdemeanor charges or convictions, guilty verdicts, guilty pleas and no contest pleas through the California Bar Association.

Upon renewal of a registered nurse license, nurses are required to report if they have been convicted of any crime since the last renewal date. Traffic violations that resulted in fines of over $300 and a traffic ticket must also be reported. Failure to disclose this information could be grounds for disciplinary action.

Any applicant for Coast Guard credentials is required to report all criminal convictions. They also search for driving records, and take all information into account when deciding whether to issue the credentials.

Proposition to Legalize Marijuana Falling Short in Recent Polls

Proposition 19, the California ballot initiative that would legalize marijuana possession and sales in California, is falling behind in popularity in recent polls. Proposition 19 will be on the ballot in November.

According to the Los Angeles Times, a recent poll found that 48 percent of likely voters oppose the initiative, while 44 percent support it. A poll back in May found that likely voters leaned slightly towards supporting the initiative. The law would allow individuals over the age of 21 to possess, grow and transport marijuana, as well as allow counties and cities to tax and regulate marijuana.

Proponents of the initiative claim that it will raise tax revenue while giving the government the chance to regulate marijuana. Opponents argue that Proposition 19 will lead to additional crime and drug addiction. Even if California passes Proposition 19, federal drug laws will still apply to California.

If Proposition 19 passes, it will represent a huge change in the way California deals with marijuana possession. Over the last three decades, California has increased the resources it has devoted to arresting and imprisoning drug offenders. Beginning in the 1990’s, drug possessors became a primary target of law enforcement. Between 1990 and 2008,misdemeanor marijuana possession in California (possession of less than an ounce of marijuana) arrest rates increased by 127 percent, while arrests for virtually all other drug crimes and other serious crimes decreased.

If you have been charged with or are being investigated for a drug crime in California, you need an experienced, dedicated Los Angeles drug crime defense lawyer to advise you of your rights. The attorneys at the Law Offices of Lawrence Wolf have significant experience advising individuals who have been charged with California drug crimes. Call us today at [number type=”1″].

Grim Sleeper Suspect Arrested in Los Angeles

Lonnie Franklin Jr. was arrested in Los Angeles on July 7 on suspicion of being the “Grim Sleeper” killer. In the 1980’s, a series of killings of young black women occurred and then stopped, resuming 14 years later, which inspired the name Grim Sleeper.

Lonnie Franklin was charged with 10 counts of murder, as well as other charges, reports anABC News article. Franklin was arrested 15 times over the past several decades for burglary, car theft, gun possession and assault. However, he was never entered into California’s DNA database because his crimes were not serious enough.

Despite all his arrests, Franklin’s DNA was never entered into a DNA database. His last conviction occurred one year before all felony convicts in California were required to have their DNA placed in a state database.

Franklin was discovered by authorities using a familial DNA match. In June, the California Department of Justice ran DNA from the case through a database. The database failed to find any matches, but it did find a familial match, which means that a different convicted felon’s DNA showed that he was a brother or a son of the Grim Sleeper killer. Detectives used that information to locate Franklin.

California DUI Defenses

There are numerous defenses that can be used in court to defend against a DUI charge, even if a defendant’s BAC was over the legal limit. First of all, the police officer who pulled you over must have a legal reason to do so. If not, the original stop could be challenged and the evidence against you thrown out. Was there a reason to detain you for DUI? If not, the case could be challenged.

Another important point is that field sobriety tests are extremely subjective. Were they performed in accordance with federal guidelines? Many police officers are not experienced in administering the tests properly. Were the proper tests performed?

People who are placed under arrest are required to be advised of their rights, which are known as Miranda rights. If you are not advised of your Miranda rights, the case could be thrown out.

If you took a chemical test, and you were found to have a California blood alcohol contentof over .08%, you may assume you do not have a valid defense. However, was the test properly administered? Was the equipment functioning properly at the time of the test? Was the evidence handled in accordance with correct evidentiary procedures? Do you have a medical condition that could affect a breath test? In addition, if you are stopped for a DUI soon after drinking and are given a chemical test 30 minutes or an hour later, your blood alcohol level would be higher than it was when you were originally stopped. This is called a “rising blood alcohol defense”.

There are numerous defenses a skilled DUI attorney in Los Angeles, California can raise, even if your BAC was found to be over the legal limit. If you or someone you know has been charged with a DUI in California, contact a skilled DUI team of attorneys today. Contact the Law Offices of Lawrence Wolf at [number type=”1″] for a free consultation.

Bell Mayor’s Rented Home Sealed after Drug Raid

The latimes.com reported in an article on June 7, 2009 that narcotics investigators raided a home owned by Bell’s Mayor, Oscar Hernandez, and found a “super lab” able of producing 20 pounds of methamphetamine. Two men were arrested.

Hernandez did not identify the men and said that he rented the house to a couple and their two children. Hernandez stated that the husband and a man visiting the couple were arrested. The woman living there is 8 months pregnant and the daughters, ages 2 and 3, were placed in protective care.

Hernandez stated that the man arrested had told him that the chemicals found by agents were used as glue for tile adhesive.

Hernandez said, “I feel sorry for them. They have no food, no money, no clothing. I don’t know, this could be a big mistake.”

Depending upon your specific drug crime in California, you may be facing a monetary fine or a severe penalty including a long term prison sentence. Some factors that may affect the penalties which apply, and whether or not the defendant faces a felony or misdemeanor charge following a drug related arrest include the type of drug, the amount or weight of the drug, and what the defendant’s intent was with the substance.

Criminal Penalties for a California DUI

In addition to the loss of driving privileges that can result from a DUI, California criminal penalties can be imposed as well. It is a crime to either drive a vehicle in California if you are under the influence of drugs or alcohol, or to operate a vehicle if your blood alcohol content is over .08 percent. You can be charged with a violation of either or both of those crimes if you drive while under the influence of drugs or alcohol.

A DUI in California is typically a misdemeanor. A felony DUI can involve possible jail time. A DUI becomes a felony if it involves injury to another person, it’s the fourth (or higher) DUI conviction in the past 10 years, or if there are prior felony convictions involving drinking while intoxicated. The amount of jail time depends on a lot of factors, including your driving record, your BAC, whether injuries to people or property occurred, and who your judge is.

The penalties involved depend greatly on whether this is your first DUI conviction or a subsequent conviction. A first conviction of a misdemeanor DUI usually results in alcohol education classes, a driver’s licenses suspension, a fine, probation, and / or two days in jail. The penalties go up from there for subsequent DUI convictions within a 10 year period.

No one wants a criminal record. If you have been charged with a DUI, you have rights. You need an experienced California DUI attorney to explore all possible defenses. If you or someone you know has been charged with a DUI, contact the Law Offices of Lawrence Wolf today at [number type=”1″] for a free consultation.

Civil Penalties for a DUI in California

The civil penalties for a DUI in California vary, depending on several factors. Your driver’s license can be suspended or revoked for a certain period of time. If you are older than 21, and you took a blood, breath, or urine test, and the test showed a blood alcohol content (BAC) level of .08% or higher, your license will be suspended. If it is a first offense, your license will be suspended for four months. For a second or subsequent offense within 10 years, your license will be suspended for a year. If you are under 21 and your BAC was .01% or more, your license will be suspended for a year.

According to the Department of Motor Vehicles, if you refused to take a blood, breath or urine test after being requested to do so by a police officer, the first offense will result in a one-year suspension of your license. A second offense within 10 years will require a two year suspension, and a third or subsequent offense will result in a three year suspension.

It is possible to receive a restricted license to travel to and from work and a DUI treatment program. It requires you to show proof of enrollment in a California DUI treatment program, proof of financial responsibility and a fine.

No one wants to have a DUI or a suspended or revoked license on his or her driving record. The aggressive criminal defense attorneys at the Law Offices of Lawrence Wolf can help you in dealing with not only the criminal penalties involved in a DUI, but also the DMV penalties as well. Contact a California DUI attorney today to learn more about protecting your rights by calling [number type=”1″].

How to Choose a Los Angeles, California DUI Attorney

DUIs are one of the most common criminal charges in the U.S. Once you get charged with aDUI in Los Angeles, you need to contact a DUI attorney in LA County immediately. How do you pick a DUI attorney?

Before choosing a Los Angeles DUI attorney, do your research. Utilize the Internet or yellow pages to compile a list of law firms who handle DUIs in your area. In addition, ask family and friends for any recommendations. Call each firm to see which individual attorney handles the DUIs. After making the list, check with the state bar association to see if that attorney has any complaints or disciplinary actions outstanding. Check websites like avvo.com to see if each attorney has any feedback from clients. Visit each attorney’s website. Does the attorney represent clients in a wide variety of cases, in addition to DUIs? If so, he or she may not keep up to date on changes in the law as they occur; however, this may not always be the case.

Once you have narrowed down the list of potential attorneys, call each attorney to discuss your case. Have a list of questions prepared in advance. In addition to your questions, find out what specialized DUI training the attorney received. How many DUI trials has the attorney handled? What is the typical outcome?

At your meeting with each attorney, determine who makes you feel the most comfortable. Does the attorney seem eager to help? Does the attorney inspire confidence in his or her abilities? Does the attorney seem knowledgeable about the subject matter? Is the attorney really listening to you?

If you are in search of a caring, knowledgeable and aggressive DUI attorney in Los Angeles, contact the Law Offices of Lawrence Wolf. Our attorneys have worked on a wide variety of DUI cases and would love to speak with you about your case. Call us today for a free consultation at [number type=”1″].

How to Proceed Once Stopped for a DUI

If you are pulled over in California and you have been drinking, it is important to know how to proceed once stopped for DUI. First of all, pull over safely to the side of the road. Be polite to the police officer. If the police officer asks you questions, it’s fine to say that you would like to speak with an attorney. You may also wish to explain that you had one or two drinks, which would not typically cause intoxication, in order to explain a beer or alcohol smell; however, this is not completely necessary.

The police officer may wish to administer field sobriety tests. These include standing on one leg, walking heel to toe, stating the alphabet, and following a penlight with your eyes, among others. You are not legally required to submit to field sobriety tests. Doing so could result in the police officer obtaining additional evidence that could be used against you.

The police may also choose to ask you to take a chemical test. Under California law, a person who is operating a motor vehicle within the state gives consent to a chemical or breath test to determine blood alcohol content. If you refuse to submit to the chemical test, your license will be revoked for one year, even if you are found not guilty of the California DUI charge. You do not have the right to consult with an attorney before being arrested.

If you are arrested or taken into custody on the suspicion of a DUI, contact an experiencedLA DUI attorney immediately. The attorneys at the Law Offices of Lawrence Wolf have widespread experience in the area of California DUIs. Contact us today at [number type=”1″] for a free consultation. We can help you explore your rights in defending yourself against a DUI charge.