Have you ever heard about a restraining order? Restraining orders are used to prevent harassment and threats. But, many people need to understand how they work, which can confuse most. Read on to learn the fundamentals of restraining orders and ease your confusion. Find out who can file one, what happens during a criminal court hearing, and how to get help.
A restraining order is a court order. It has the authority to order the restrained person to:
When the court issues a restraining order, authorities enter it into a statewide computer system, which means law enforcement personnel throughout California know the restraining order.
A TRO or Temporary Restraining Order is a written directive issued by a court or judge that protects persons from domestic violence, civil harassment, workplace violence, and elder abuse for a limited time. The court order is usually decided during criminal proceedings.
This court order prohibits the abuser from contacting and abusing the victim (i.e., the person seeking the TRO).
Under California Law, restraining and protective orders are essentially the same. Both are court orders intended to protect a person from:
The exact charge will specify what activity is or is not forbidden. Still, it will almost certainly include terms requiring the restricted person to avoid contact with the protected individual.
Contact typically means:
Restraining orders are only a preventative measure; their sole purpose is to stop the harassment. Examples of typical situations in which a restraining order may be granted include:
Before the authorities can impose a restraining order, the victim must provide evidence that a crime has been committed against them.
Before requesting an order, there must be proof of harassment or risk of violence (or further violence) against the victim. Authorities may issue a restraining order against someone if they do the following:
A restraining order can safeguard the victim, whether the abuser is a close family member or a stranger.
Protective order processes entail numerous steps. A person who wants a restraining order may complete the necessary paperwork before a court or have an attorney do it on their behalf. The initial form demands that you explain the circumstance and its danger.
After reviewing this statement, the court will determine whether or not to grant you a Temporary Restraining Order (TRO). It can occur without the restrained person being present.
Typically, the TRO will continue for a few weeks. After that, the court will hold a hearing to decide whether or not to grant the applicant's request for a permanent restraining order.
Legally-binding and valid protection orders have a 5-year expiration date. Without a jury, all sides will present their evidence to the judge, who will then determine whether or not to impose the restraining order.
Depending on the type of restraining order you received, the length of the order stays on your record. There are different types of restraining orders, and each has specific rules.
If you were issued a temporary restraining order against you, it would be visible to law enforcement personnel for 14 days or until your court date. The court will remove your restraining order from your file if it becomes rejected during the hearing. If the judge rules against it, it will nevertheless remain.
According to California Penal Code 166, you may be charged with a crime if you knowingly violate a court order, like a restraining order. A protective order violation is regarded as contempt of court.
You may face charges under Penal Code 273.6 if the violation of the court order causes injury. Criminal charges, a criminal conviction, and a mark on your records could follow the breach. In addition, the court may impose jail time and penalties for contempt of court for violating a restraining order.
A competent criminal defense lawyer may be able to dispute a violation by bringing up several defenses. You should hire a criminal defense lawyer if you get charged with breaking a restraining order in California.
The majority of restraining orders are court-issued decisions. Therefore you may appeal to them. A restraining order can be changed or reversed, but it may be complex. If you're considering appealing a restraining order, read this.
Your response to the restraining order can make all the difference. It would be best to get a notification when a restraining order is requested or filed against you. Be polite and attempt to control your emotions if you receive the notice in court; even though you might not be able to win your case there and then, you could certainly cause some damage.
Therefore, let your attorney provide any legal arguments in court.
Most states give a form or directions for responding to the temporary order, whether you get noticed by mail or in person. For instance, California offers an information sheet that addresses queries ranging from how long the order will be in effect to how it can affect your citizenship or a green card. Before you have the option to appeal, make sure to follow any directives and not disobey any temporary orders.
You will be required to appear at a hearing or, more likely, to submit a response to the restraining order. In most cases, the court will schedule a hearing to review the order. If not, you can request one. Remember your court date. It might be your only opportunity to challenge the restraining order.
You should gather evidence to back up your claims before your court date. On the day of your court appearance, be sure to have any witnesses, recordings, or papers available. What you'll need should be explained to you by your lawyer.
You should submit an appeal and ask for a new court date if you wish to modify or terminate a restraining order after your hearing has already taken place. Make sure you have proof of compliance with the original order and any evidence of changes in circumstances after filing the first restraining order, just like you did at your initial hearing.
The best person to contact if you want to appeal a restraining order is an experienced civil court lawyer. Get in touch with one in your area right now.
Let us help you find an effective solution to your problem. While the laws surrounding restraining orders can be complex, our Los Angeles civil harassment restraining order attorneys at Hurwitz Law Group have the experience and knowledge to guide you through the process.
We can explain your legal rights and support you by protecting your family. We can also work with you to build a comprehensive civil harassment restraining order that will prohibit stalking, invasion of privacy, or publication of private facts, as well as other types of behavior that may damage you.
We will fight vigorously to protect your rights, assets, and safety. If you are ready to start, please fill out our contact form or call us at (323) 244-4147 for a free, confidential consultation.
How scary is the thought of a DUI? A DUI charge is not a minor offense. A DUI conviction could affect your insurance rates, work status, and future. But what may need to be clarified is what constitutes the first offense.
If you have been charged with a DUI first offense in California, it would be helpful to know some of the possible consequences that could lie ahead and how to handle them. Read on to find out how to fight back smartly.
A first-time DUI in California can result in criminal penalties. The Department of Motor Vehicle (DMV) also has the authority to suspend your license. Your license can be suspended automatically by the DMV. After your arrest, this suspension will start 30 days later.
You should note that if you request a DMV hearing within ten days of your arrest, you can make efforts to avoid an automatic license suspension. During this hearing, your criminal defense attorney may argue against suspending your driving privileges.
Choosing to ignore your DMV hearing could result in a 6-month license suspension. Thus, it would be best if you got legal assistance.
The driver has limited time to schedule an administrative hearing before the DMV receives the notice of suspension. The driver must complete it within ten days following the suspect's arrest.
The authorities will immediately suspend the driver's driving privileges unless he requests this hearing within that time.
The motorist must know his rights as soon as possible because many drivers need to pay attention to this information and miss this brief deadline. Since this hearing is not a recurring occurrence, the driver must ensure to arrange it.
The notice given by the arresting officer will contain the details required to set up the hearing. There are instructions for where to submit a hearing request on this notification.
The motorist may eventually be able to recover his driving privileges by performing the following if he fails to request a hearing within the 10-day window:
The DMV hearing is separate from the criminal trial. The judge in a criminal trial may also suspend a license.
Therefore, a person accused of driving under the influence of drugs or alcohol must:
The DMV hearings are focused on the circumstances surrounding your arrest, whereas court hearings will determine if you are guilty or innocent. For this reason, the DMV hearing is not mandatory, although a court hearing is.
Court hearings and DMV hearings are separate proceedings. In some instances, the DMV may suspend your license even if you are not guilty in court.
If you deny the breath test or other tests, this may occur. You may not be found guilty of driving under the influence in court, but a separate suspension will come from your refusal to submit to a breath test when requested.
The DMV initiates its inquiry into your case. Although a not-guilty decision in court can benefit you in a DMV hearing, it does not guarantee that the DMV will let you keep your license.
Penalties for a first-time misdemeanor DUI under California law may include some or all of the following:
The judge may, at his discretion, impose additional sanctions.
You must retain legal counsel within ten days after your arrest, regardless of the potential punishment you get.
You may contact the DMV during this period to request a hearing. Once you've asked for a hearing, the suspension of your license will be suspended while the hearing is ongoing.
If you decide against hiring a lawyer, you must still ask for a hearing to avoid having your license suspended.
According to California Vehicle Code 23153, DUI with injury is punishable as a misdemeanor by:
DUI charges almost always involve some other type of risky behavior. Some DUI aggravating factors, however, focus on situations that make drunk driving significantly more dangerous. Here are a few examples of cases that fit this description:
If someone gets convicted of their first DUI offense in California, they may be eligible for "alternative" sentence choices. These penalties are substitutes for a sentence to a county or California state prison.
These alternative sentences for sentencing include:
When a DUI offender faces charges in court, the first thing on his mind is whether or not he will go to jail. However, as described above, other sentencing choices are available, namely probation - a method to complete your DUI sentence without going to jail.
However, many individuals need to realize that probation is a severe sentence that might be difficult to complete.
Some individuals fail to fulfill the terms of their agreement by violating their probation, resulting in harsher penalties. In this situation, a DUI offender has breached their probation.
Standard Terms and Conditions of Probation
No matter where you get convicted of a DUI conviction, your probation will contain universal factors. These consist of the following:
Usually, failing to perform any court-ordered activity will violate the conditions of your California DUI probation.
If you break the rules, the court may issue a bench warrant for your arrest, and chances are good that they will. After being detained, you must appear before the judge who issued the warrant to receive punishment.
Most frequently, a DUI probation violation occurs when someone gets caught driving while their license is suspended due to a drunk driving conviction. If you are operating a vehicle while impaired by alcohol in any way, you risk violating your probation.
When you get accused of breaking the terms of your DUI probation, you should immediately speak with an experienced DUI defense lawyer.
An agency officer will consider whether to suspend the defendant's driver's license after hearing testimony in the DMV hearing on an alleged DUI case. The hearing is unrelated to the criminal prosecution. At the hearing, drivers have a right to representation, but only at their own expense.
An authorized DMV personnel will conduct your hearing. During the hearing, the arresting officer will provide testimony about what transpired at the hearing, and they will submit the police report as proof. Typically, this testimony will disclose details regarding:
The defendant can question the arresting officer in cross-examination, typically through a criminal defense lawyer.
The driver can then give their side of the story once law enforcement has presented its case. Drivers have the following options in addition to having the police officer cross-examined:
The driver may have a good defense, depending on the details of the case. Among the most typical are:
After hearing the evidence, the DMV hearing officer will determine whether most evidence shows that the driver was under the influence. This burden of evidence is critical and differs from that in a criminal DUI case.
The license suspension hearing will only take the following elements:
To evaluate which defenses would be most successful in rebutting your administrative suspension, your experienced DUI defense lawyer could carefully analyze the police record and all available evidence. In a DMV hearing, the following defense claims are among the strongest:
Many individuals are unaware that being arrested for driving while intoxicated may suspend your license automatically unless you take prompt legal action to challenge it.
The officer will take the person under arrest's license after a DUI arrest. After that, the police will give a pink, 30-day temporary license. The California DMV will receive the original license after it has been returned.
Then, the DMV will suspend the license due to an "administrative per se" violation. It is another way of saying that a DUI breaches the terms of one's driver's license.
After that, the motorist has ten days to request a hearing to contest the suspension. If this request is submitted promptly, the DMV will temporarily delay or stay the license suspension.
The DMV will automatically suspend the driver's license if there is no hearing request.
One should note that defendants might qualify for an IID-restricted license, which would allow them to drive anywhere, or a limited license that would enable them to go to and from work.
After their regular license suspension for 30 days, drivers can apply for restricted licenses.
With a restricted license, the motorist can:
If the DMV has suspended a driver's license, they are now facing DUI charges, and they do not want to utilize an IID, they will often apply for a restricted license.
A defendant with an IID limited license can operate a vehicle as long as an IID is kept. IID also prevents the car from starting if it detects alcohol, similar to a breathalyzer.
The defendant has the right to apply for an IID limited license immediately. The defendant must utilize the IID for four months if the DMV suspends his license following an arrest. The defendant must use the IID for six months if found guilty of DUI in a criminal court. Note that the length of the IID-restricted license is increased from 6-10 months if the driver's blood alcohol level is 0.2 or above.
Unless they obtain an expungement of a DUI conviction in California, those found guilty of the offense have a permanent criminal record. Anyone who received DUI convictions and completed probation is eligible for expungement.
An individual must present a petition to the court to get an expungement, and the petition will undergo a review by a court to determine eligibility.
The offenders may change their plea from guilty to no contest if the judge allows the DUI expungement. The case will then be dismissed once the defendant enters a new plea of "not guilty."
Employment purposes are the main advantage of expunging a DUI conviction.
The "ban the box" law in California already forbids employers from requesting information regarding previous records during the interview process.
However, after making a conditional job offer, the employer is authorized to inquire about any convictions lawfully. Typically, a disclosure of a DUI conviction follows. But it's okay to mention a sentence that has been deleted.
When you're facing a felony DUI charge, the stakes are high. A conviction could mean a massive sum of money in fines and court fees, the suspension of your license, and a lasting criminal record. The best way to protect your freedom is to have an experienced DUI defense attorney by your side who knows how to get charges reduced or dropped.
A DUI lawyer can do the following:
The most important thing to remember about hiring a DUI defense lawyer is to contact one ASAP. The evidence collected in arresting you is crucial, and it must be appropriately managed by an experienced team who knows how to do this right. They can gather evidence as soon as it's safe and before your court date.
Hurwitz Law Group is dedicated to finding evidence for your defense and building an effective strategy for your case. We'll work hard to help you avoid the harsh penalties associated with impaired driving, including license suspension and jail time.
Traffic stops and DUI investigations are subject to numerous laws. A lawyer will understand the investigation areas and the proof required to support motions. A "Move to Suppress Evidence" under California Penal Code 1538.5. a is a frequent motion.
For instance, the police need "reasonable suspicion" to stop a car. The traffic stop may have been illegal if the officer's suspicions were not reasonable (for example, that the headlamp wasn't damaged).
Before any trial, motions are presented and heard. As a result, the case will frequently be dismissed following a successful motion to dismiss.
The Majority of DUI cases do not go to trial. Instead, they result from negotiation between the prosecution and the defense attorney. Frequently, these negotiations lead to:
A skilled California DUI defense attorney will be aware of the evidence, most likely to persuade the prosecutor to drop the charges or reduce the offense.
If you've been arrested or charged with driving under the influence (DUI), it might be tempting to try to defend yourself, but we strongly advise against it.
DUI cases are complex and require a lawyer's knowledge of California DUI laws and trial skills to achieve a positive outcome.
Don't take the risk—contact a DUI defense attorney. Our team at Hurwitz Law Group has worked on countless DUI cases, and we have the knowledge, expertise, and resources to win your case. We will help you understand your options and protect your rights through every step of the process. Fill out our online contact form, or call (323) 244-4147 and get your free consultation today.
Driving and drinking are never a good combination. If law enforcement stops you and finds you a blood alcohol concentration (BAC) above the legal limit, you could face serious consequences.
If you are in California and are out for drinks with your friends, what should you keep in mind if you drive?
In California, the legal limit for BAC is .08%. If the BAC is .08% or higher, one can be charged with driving under the influence (DUI). Understanding blood alcohol levels and laws in California and having the common sense not to endanger yourself and others is vital to avoid DUI.
DUI is a serious offense in California. If convicted, you could face steep fines, jail time, and the loss of your driver's license. If authorities stop you from driving to take a breath test, it is important to know your rights. You have the right to refuse the test, but you could face automatic license suspension if you do so.
Contacting a qualified Los Angeles DUI lawyer as soon as possible is essential. An experienced attorney can help you navigate the complex legal system and fight for the best possible outcome in your case.
Driving under the influence (DUI) of alcohol or drugs is a serious crime in California. Charged with DUI, you could face jail time, fines, driver's license suspension, and other penalties.
Understanding the DUI laws in California is vital in this situation. A knowledgeable DUI attorney can explain the laws and help you fight the charges.
The Vehicle Code (VC) 23152(B) is the California statute prohibiting driving with a blood alcohol concentration of .08% or more. This offense is also called DUI per se or driving under the influence of alcohol.
A person violates this law when they drive a vehicle with a BAC of .08% or more. Authorities can determine the BAC via a blood test, urine test, or breathalyzer.
It is also illegal to drive with any amount of a drug in one's system if that drug impairs his ability to drive. This includes legal drugs like prescription medication and over-the-counter medication.
This California statute prohibits persons under 21 years old from driving with a blood alcohol concentration of .05% or more. This offense is commonly referred to as DUI under 21 with a high BAC.
Note that California has no "legal limit" for marijuana use. However, driving while impaired by marijuana is still illegal.
Code 23152(D) is another California statute prohibiting driving a commercial vehicle with a blood alcohol concentration of 0.04% or more. This law is stricter than the 0.08% standard that applies to other drivers, and commercial drivers need to be aware of this law. If you are a commercial driver charged with DUI, you should contact a Los Angeles criminal defense attorney as soon as possible.
This law is related to California statute 23152(D), which prohibits driving a passenger for hire vehicle while under alcohol influence. It includes ride-sharing services like Uber and Lyft. The legal limit for this offense is 0.04%, just like driving a commercial vehicle. You should contact a Los Angeles criminal defense attorney soon if you are charged with DUI while driving for a ride-sharing service.
This California statute prohibits persons under 21 years old from driving with a blood alcohol concentration of .01% or more. This offense is also referred to as DUI under 21, or zero tolerance for underage drinkers.
It also prohibits persons under 21 years old from refusing to take a breath or blood test when arrested for DUI. This offense is called "underage DUI refusal."
This California statute requires drivers 21 years of age and older, on DUI probation, to install an ignition interlock device (IID) in any vehicle they own or operate.
An IID is a breathalyzer for a car. It prevents a vehicle from starting if the driver's blood alcohol concentration exceeds a pre-set limit. The statute also requires persons on DUI probation to submit to alcohol testing. This violation of the law is a "DUI probation violation."
Police officers can estimate your blood alcohol concentration (BAC) in several ways. One standard method is called preliminary alcohol screening (PAS). This method involves using a handheld device to measure your BAC. Other methods include DUI breath, blood, and urine, as discussed below.
The drunk driving breath test is one of the most common ways for police officers to estimate blood alcohol content. The test is typically done with a handheld device, such as a portable breathalyzer.
The device works by measuring the amount of alcohol in your breath. It gives your blood alcohol concentration (BAC) estimate.
Several factors can affect the accuracy of DUI breath tests, including:
A DUI blood test is the most accurate way to measure blood alcohol content. The test is typically done at a hospital or medical facility and involves taking a blood sample and testing it for alcohol content.
However, many factors can affect the accuracy of a DUI blood test, including:
A DUI urine test is another way for police officers to estimate BAC. The test is done at a police station and involves taking a urine sample and testing it for alcohol content.
Many factors can affect the accuracy of a DUI urine test, including:
There are several ways to measure an individual's blood alcohol content (BAC), and each method has its advantages and disadvantages. The most common methods are breathalyzer, blood tests, and urine tests.
Breathalyzers are the most commonly used method of BAC measurement, as they are relatively easy to administer and fairly accurate. However, some factors can affect breathalyzers, including the individual's rate of metabolism, body temperature, and recent food or drink consumption. Blood tests are considered the most accurate method of BAC measurement, but they are also the most invasive and are not always practical. Urine tests are less accurate than breathalyzers or blood tests but are less invasive and administered more efficiently.
You will likely face misdemeanor charges if it's your first time being arrested for drunk driving. In California, the penalties for a misdemeanor DUI can include the following:
A first misdemeanor DUI offense can have the following penalties:
A second offense within ten years will result to:
A third drunk driving offense within ten years will result in even more serious penalties, including:
You may face severe penalties if you are arrested and charged with DUI in California. If this is your first offense, you will likely be charged with a misdemeanor. However, if you have prior drunk driving convictions or your blood alcohol content (BAC) is particularly high, you may be charged with a felony.
A fourth drunk driving offense within ten years is a felony and can result in the following penalties:
Being convicted of drunk driving and someone is injured, you will face felony charges. The penalties for this offense can include:
Being arrested for DUI can make you feel like the whole world is against you. You may be anxious about losing your job, driver's license, and freedom. The best way to fight against a DUI charge is to hire a skilled and experienced attorney to defend against these charges.
The attorney-client relationship is one of the most important aspects of your defense. Your attorney will be your advocate and will ensure to protect your rights throughout the legal process. A good attorney can investigate the circumstances of your arrest and gather evidence to defend you in court.
Do not try to fight the charges on your own. The Hurwitz Law Group can help. Our experienced criminal defense attorneys have successfully defended clients against DUI charges. Contact us at (323)-287-9849 to schedule a free consultation. We will review the facts of your case and advise you of your legal options. Let us fight for you.
California DUI allegations are bad enough, but a DUI arrest is worse. However, some courts provide lenient sentences to some who deserve it. One of the most lenient sentences a court could give you is a court order to complete alcohol and drug education and counseling programs instead of jail time. Do you want to avoid jail time? This blog will inform you of some things you should know about a DUI school in California.
An alcohol and drug education program allows those caught and convicted of DUI offenses to avoid jail time. It is a much more lenient and arguably more effective intervention by the state to educate offenders to regain control of their lives. These are usually offered to first offenders that have shown remorse and are committed to changing their lives.
These DUI classes aim to reduce the number of repeat DUI offenses by focusing on the root of the problem and overcoming the challenges of alcohol and drug use. Another purpose of this DUI education program is to satisfy the DUI penalties imposed by law and give you a higher chance of renewing your license after a license suspension.
However, remember that the law does not recognize online DUI classes. You must go to a licensed and accredited DUI school by the state.
A DUI school is not for every DUI conviction. A first offender and other exceptional cases are the only ones given this kind of sentence privilege. Here are some offenses where you may avail the benefit of alcohol and drug education sentences.
Under Vehicle Code 23152(a), it is "unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle." In other words, if the authorities catch you displaying the symptoms of intoxication, you can be charged with drunk driving even if your blood alcohol level is above the legal limit of .08%.
However, under this section, you will be charged if the breath or blood test returns positive with a blood alcohol concentration above the legal limit.
If caught with a BAC above .08, you will be charged with driving with an excessive BAC. This misdemeanor offense is punishable by fines, probation, DUI school, license suspension, usage of an ignition interlock device, jail time, and work release.
One can commit this crime by being caught while actually intoxicated and when the driving ability is impaired. However, for police to be able to convict you of this crime, BAC police officers must measure your BAC through a breath test and a blood alcohol content test.
This law penalizes as an infraction anyone under 21 years of age to operate motor vehicles if they have a BAC of .05%. Violation of this law can result in fines, driver's license suspension, and mandatory alcohol education programs.
Under the law, adult DUI laws impose penalties when the consumption of alcohol impairs the person's driving. However, drivers under 21 have a higher standard.
A "wet reckless," otherwise known as wet and reckless driving, is the name given to a crime where a person charged with a DUI pleads guilty or no contest to a plea agreement. Prosecutors agreed to drop a more serious DUI charge as long as the defendant pleaded guilty to this lesser offense.
The law gives this benefit to help DUI violators serve a lesser sentence than they intend to receive.
This crime results from a Tahl waiver and plea bargain to charges of DUI. A Tahl waiver is when defendants waive some of their constitutional rights. On the other hand, a plea bargain refers to an agreement between the prosecution and defense where the defendant admits to a lesser crime.
A warning, though, a wet reckless plea bargain will still include a note on the defendant's criminal record that they were involved in alcohol and drug use. Also, a wet reckless is different from a dry reckless, where the primary difference between the two does not include a note referencing the involvement of alcohol and drugs. Dry reckless only happens when a defendant pleads for a lesser crime that does not involve alcohol or drugs.
Learn More: Steps to Take After a DUI in Los Angeles
Enrolling in a DUI school would greatly benefit defendants who a court has given this privilege. It allows defendants to minimize the impact of a DUI conviction against them as long as they complete DUI school programs.
The duration and cost of a DUI education program would largely depend on the driver's specific DUI offense.
If you are guilty of a prior DUI or "wet reckless" conviction because your DUI defense lawyer negotiated a plea deal, the court will order you to complete a 12-hour program as a condition of this lesser charge.
Teenagers under 21 who get their first DUI in California may sometimes be able to take part in the same program. For this program, you must attend DUI classes weekly for 2 hours for 6 weeks.
If your Blood Alcohol Content (BAC) is less than 0.15 percent and this is your first DUI conviction in the last 10 years, you must attend DUI school for 3 months.
This 3-month DUI program is the most typical DUI class length for DUI offenders in California. People convicted of drug DUI and alcohol DUI will have probation. You will generally attend 10-15 classes totaling 30 hours of counseling program and education throughout the 3 months.
You may attend DUI school for 9 months if your BAC was over 0.20 percent or if you refused a chemical test after being detained. These courses typically last 9 months and include 60 alcohol and drug education hours.
Second and subsequent DUI offenders must undergo an 18-month multiple offender program. The DUI education program requires 52 hours of group counseling, 12 hours of education about alcohol and drugs, 6 hours of community reentry monitoring, and individual interviews every 2 weeks for the first year.
For third-time DUI offenders and those who have done it before, a county can choose to offer 30-month programs. Requirements include 78 hours of the group counseling program, 12 hours of alcohol and drug education, 120-300 hours of community service, and close, regular personal interviews.
The cost of DUI classes depends on who you go to and where you go.
Counseling and instruction are both included in California DUI classes. The majority of the counseling is in groups. However, some are one-on-one interviews.
The education component includes instruction on drug misuse, "problem" drinking, and California's DUI laws. These are usually through:
Counselors do not expect participants to actively participate in the group counseling sessions or the instructional components of the California DUI school. They must, however, fully participate during individual interviews.
Although the DUI school that provides DUI classes doesn't have the highest level of security, the law nevertheless compels offenders enrolled in the DUI class to follow its rules. Because it is a court-ordered process, attending lessons is mandatory, although participants have some freedom to skip a few sessions.
The number of DUI classes a student can skip varies depending on the program. Participants can miss a limited number of sessions for each program. But if a DUI offender skips a session, they must make it up with another one, or the provider won't provide them a certificate of completion after the time frame.
For instance, participants in a 12-hour course for 6 weeks can skip 2 sessions, but those in a 30-month course can miss 15 days. Students who miss more lectures can be expelled from the DUI school, which might result in probation, fines, or license revocation.
Failure to finish DUI school might result in significant consequences such as:
Offenders must maintain their sobriety while attending a court-ordered DUI instruction program. If a student is detected being under the influence of alcohol or drug abuse in the class, the program may:
A participant in a California DUI school program may also be dismissed if:
California DUI School is an alcohol education and prevention program mandated by the courts and the California DMV. If a motorist gets convicted of a DUI or "wet" driving conviction, he must attend California DUI school.
The state of California requires DUI education program providers to be licensed. Over 250 service providers operate almost 500 state-licensed programs in California. Licensed providers offer only in-person programs.
Online DUI classes available over the internet DO NOT fulfill the standards of California's DUI Program.
However, the California Department of Health Care Services (DHCS) permits selected licensed providers to operate through telehealth during COVID-19. Most of these driving under the influence program will not accept a motorist unless he has:
There are many reasons why a person might enroll in a DUI course instead of going to court and having a judge decide the outcome of that case. It is pretty reasonable for anyone looking at the consequences of a potential DUI charge. If you have been caught drunk driving by law enforcement, your first course of action will probably be talking to a Los Angeles DUI Lawyer—especially if you have never experienced an arrest. An experienced DUI attorney will advise you on your options and help you handle legal matters.
Hurwitz Law Group is a criminal defense law firm in Los Angeles that has dealt with various DUI cases, and we feel confident we can help you get the result you hope to get. Getting your case taken seriously by law enforcement is just the start. Hurwitz Law Group can always be with you to ensure we meet your needs. Call us today at (323) 244-4147 or complete our contact form to schedule a free consultation and start working together immediately!
Wondering how to avoid a DUI conviction? Many online articles give tips and tricks to avoid a DUI charge. Some emphasize not drinking and driving, but the reality is that avoiding a DUI charge is more than just not drinking and driving; it also entails finding effective legal DUI defenses and proper representation. Maximize your chances of getting a not-guilty verdict! Read further and explore the information revealed in this guide.
For a DUI conviction in court, the prosecution must prove beyond a reasonable doubt that you were:
A DUI defense lawyer will often focus on these two areas since the prosecution must prove both for a compelling conviction. For example, a good DUI lawyer can chip away at the state's evidence to support the argument of "actual physical control." Other defenses may be possible depending on the details of the field test administration, the stop, arresting processes, and legal procedures.
Did you know that as many as 50% of people arrested for drunk driving are never convicted? The key is to have the proper DUI defense. Here are the 10 best defenses against a DUI and how to use them:
You're more likely to make mistakes behind the wheel when you're a new driver. You might be more likely to swerve or lose control. You might forget which lane it is you're supposed to be in. Several factors that come together to cause what's generally referred to as "inexperienced driving" can also make it seem like you were drunk driving. That can make it hard for you to fight DUI charges if you get stopped by a police officer.
Some people believe that inexperience is a way for drivers with DUIs on their record to get out of DUI arrest. Still, in reality, inexperienced driving is just one of many DUI defenses that have been used successfully by a DUI attorney who is well-versed in the law and knows how to present your DUI case.
The police should justify DUI stops with probable cause or reasonable suspicion. According to the Fourth Amendment, traffic stops are a "seizure" by the police and constitute temporary imprisonment.
The most frequent justifications police provide for driving while intoxicated (DWI) stops include drivers displaying NHTSA driving impairment behaviors, speeding, or running stop signs.
Your experienced defense attorney could submit a request to suppress evidence to remove any evidence gathered by an unlawful search if the officer did not have reasonable suspicion or probable cause for the stop. Except for DUI sobriety checkpoints, the authorities can exclude the DUI BAC tests as admissible evidence through a suppression motion, often known as a "1538.5 motion."
Since 23152 VC includes several criteria police must prove with legitimate and admissible evidence, suppressing substantial evidence can dramatically increase the chances of getting dismissed by a DUI.
The Standardized Field Sobriety Tests (SFST) in California are unreliable indicators of impairment.
Only three Field Sobriety Tests have sufficient data to prove their accuracy:
These are results of Field Sobriety Tests performed correctly under perfect settings, which is rarely the case. Those who have taken a field sobriety test will confirm that they are difficult to pass even when awake, let alone in the late hours of the night.
Possible causes of innocent test failures include:
A breath test is only as good as the machine you administer; if it isn't properly maintained, you might not get an accurate reading. A malfunctioning breathalyzer can produce inaccurate results to convict someone of a crime they didn't commit.
To successfully challenge your DUI charges, get a Los Angeles defense attorney to represent you immediately.
Your DUI chemical test results might be inaccurate if you had rising blood alcohol when you got arrested. During the longer duration of the DUI investigation, your blood alcohol level may have exceeded the permitted level. You have a solid and convincing case against a DUI charge because your blood alcohol content while driving is the only factor that counts.
One of the best DUI defenses to use is that your BAC was high due to underlying medical conditions, which caused you to have an increased bac. An attorney will typically examine your medical history, look for key signs of conditions that cause an increased BAC, and then use this as an argument for why your BAC was higher than it should be.
If you have a history of migraines, diabetes, seizures, or any other condition that causes an increase in blood sugar or blood pressure, you're more likely to end up with a high BAC. These conditions result in the body having a lower tolerance for alcohol, so even if you're only drinking half as much as someone else, you could quickly end up with a higher BAC.
When you're fighting DUI charges, the most important thing you must remember is that the police can't prove your guilt beyond a reasonable doubt.
One of the most common defense strategies is a lack of evidence. It could be because you never had sobriety tests, or it could be that the actual arrest was not legally valid (for instance, because there was no good reason for the officer to pull you over).
Also, in most DUI charges, the police reports and information that the police officers had before they arrested you (e.g., blood alcohol test results) are not admissible in court because they didn't gather it by legal procedure. The only evidence they can use against you is what they gathered after your arrest (e.g., a breath sample or field sobriety test), which is not reliable enough to convict you on their own.
So if there's not enough proof in your DUI charges, your DUI attorney can argue that there's insufficient evidence to convict you.
In some cases, the defense might be able to prove the alcohol in the mouth caused the high BAC, which messed up any subsequent breath test. Remember that "mouth alcohol" only matters regarding breathing tests. When giving a blood sample, it doesn't matter if there is alcohol in the mouth.
The defense might be able to show medical or dental records about a condition that could have caused alcohol to be in the mouth and change the breath test results. It may be necessary to have expert witnesses explain to the prosecutor or jury why the defendant's condition would have caused mouth alcohol and what effect it would have had on the results of any subsequent breath test. The prosecution may agree to drop the charges or offer a plea deal for a lesser DUI charge if they present this evidence.
Before the police "take you into custody," they must tell you your Miranda rights. Once a DUI defendant is in police custody, they must tell the defendant that he has the right to remain silent, talk to a DUI attorney, or have one appointed if he can't pay for one. They must also tell him that anything he says can be used against him.
Before that, the police could ask any question they wanted, and the answer would probably be allowed in court. But once a DUI suspect is in police custody, it is up to the state to show that the suspect's Miranda rights were read, understood, and agreed to. If not, any statements a suspect makes cannot be used as proof.
The court will throw out any statements taken without following Miranda.
A DUI lawyer for your defense can look at the details of your case to figure out when you were "taken into custody." Based on this analysis, you may have a defense under Miranda.
Some people think sobriety checkpoints are against the Constitution and don't follow the rules about probable cause. However, the California Supreme Court ruled that DUI sobriety checkpoints are legal administrative inspections, like airport security checks, that don't have to follow the rules about probable cause in the 4th Amendment.
Even though police don't need a reason to stop a driver at a sobriety checkpoint, they still have to follow many strict laws:
If the police fail to fulfill these conditions, an experienced DUI lawyer can contest any ensuing DUI charge.
Being stopped by the police for a DUI check is intimidating and aggravating. You are probably angry, scared, or both. However, knowing what to do in this situation is better than choosing not to do anything at all.
Here's what you should do:
Being pulled over for a DUI check isn't something many of us have experienced. But what should you do when you pull over? Remain calm. First and foremost, don't panic. Look into your rear-view mirror to find the police officer's car behind yours. Moving slowly to the right side of the road will make it easier for the police officer to pull alongside your vehicle. When you pull over, turn off your car and open your window.
When asked for your license and registration, hand both documents to the police officer without saying anything else. You must stay silent until asked a question by the DUI arresting officer—you want to avoid accidentally pleading guilty to anything if you aren't 100% sure it's valid or relevant. Don't get out of your vehicle unless instructed to do so—remaining seated in your car gives you a much better chance of staying in control and calm than standing next to it.
Suppose, during the DUI investigation, law enforcement officers have reason to believe that you are driving under the influence of drugs or alcohol. In that case, they will ask you to perform field sobriety tests or submit to a breathalyzer or blood test. When this happens, it's essential to remain calm.
Don't make any suspicious movements when a police officer approaches your car after you pulled over to check whether you're driving under alcohol or drugs influence. Any sudden movement could be a sign of aggression. For example, if you quickly adjust the rear-view mirror, the officer may think you're trying to get away from him and pull you over.
Inevitably, doing anything that could be considered suspicious will make the officer more nervous around you—and he may think he has probable cause to search your car for drugs or alcohol. If he does find either, you could be in a lot of trouble. And if he suspects you have either but can't find them, you won't escape without an embarrassing field sobriety test.
Staying polite and respectful is essential in any situation. But when you have to pull over for a DUI check, your demeanor can significantly influence how things play out. If you're rude or aggressive with the officer who pulls you over, it's more likely that he will take a harder line on the situation.
If you act politely, it'll be easier to get the police officers to see your side and resolve the matter as quickly and efficiently as possible. Remember that they are not there to punish you—they protect and keep everyone safe. You won't find yourself in trouble if you are polite and cooperative.
Self-incriminating questions are those that demand an admission of guilt or blame. You should not answer any self-incriminating question, even if you are innocent of the investigated crime. Answering these questions may lead to DUI arrests, even if you are innocent. The police can arrest you for refusing to answer a self-incriminating question, but it is not illegal for you to remain silent.
To determine whether a question is self-incriminating, ask yourself the following:
1) Does the question make me admit I have committed an offense?
2) Does the question make me admit I am responsible for what happened?
3) Does the question make me admit to engaging in conduct that could be considered unlawful?
4) Does the question make me admit to engaging in conduct that could be considered immoral or unethical?
5) Does the question make me admit to engaging in conduct that could be considered socially unacceptable?
The law doesn't require you to take a field sobriety test. Field sobriety tests are one of the best ways for the officer to gather evidence against you. This test is not because they are good ways to tell if you are drunk, but because they give the arresting officer subjective information that he can use to decide if you are drunk or not.
Refusing a field sobriety test could lead to your driver's license suspension.
Would you rather have a scientific test say you weren't drunk or impaired or have an arresting officer testify for an hour about how stinking drunk he thought you were based on a nonscientific field sobriety test?
By law, you must go to the police station and take a chemical test. You can choose between a blood test and a breath test in most states. A skilled DUI lawyer tells their clients to take breath tests because they are less accurate and can be questioned more easily in court.
While it's true that you have the right to remain silent and that anything you say can be used against you in court, it's also true that you have the right to speak with defense attorneys before making any statements about your crime. And when it comes to driving under the influence charges, it's crucial to remember your rights and ensure an experienced legal professional protects them.
Finding a good lawyer is the first step in protecting your future and ensuring you'll get the best possible outcome for your DUI cases.
There are many different types of lawyers, but finding someone who specializes in DUI defense is vital for ensuring that your rights are preserved and respected throughout the process.
Learn More: Steps to Take After a DUI in Los Angeles
The Los Angeles DUI defense law firm Hurwitz Law Group can assist you with your DUI case. With years of experience defending DUI cases, we have the necessary knowledge and resources to help you with your case.
Hurwitz Law Group skillfully handles a DUI defense. We have achieved successful outcomes for many clients, using our knowledge and skills to defend people falsely accused of DUI. We know how to work within California's laws and court systems to protect your rights and how to challenge the prosecutor's evidence against you. Our goal is to get the best possible legal defense for your case.
We can assist you with any related issues arising from a DUI conviction, including license suspension and administrative penalties by the Department of Motor Vehicles (DMV) or Motor Vehicle Division (MVD), or even civil liability for damages caused by your arrest.
We invite you to contact us if you have DUI charges or if you want to learn more about how we can help. Reach us by phone at (323) 244-4147 or send us an e-mail through our contact form.
After been charged with criminal charges, most people don’t know where to start. They weigh between hiring a criminal defense attorney and going to prison. That’s why most persons prefer hiring a criminal defense attorney than spending many years in jail. If you hire an inexperienced one, you could spend lots of money and still spend many years in jail or pay a hefty fine. Below are reasons to hire a criminal defense attorney. See further information here.
Criminal defense attorneys can have your penalties lessened or lesser years in jail. Again, if there was a mistake the police made when collecting evidence, your case can be dismissed. This helps you secure your job and business; hence you don’t panic about your future. Learn more about Factors to Consider Before Hiring A Criminal Defense Attorney.
Though you spend money after hiring a criminal defense attorney, it’s worth every penny. They negotiate until you get reasonable charges. When your years in jail are lessened or your case is dismissed, you can still have your job. You also get to keep your job license, which can cost you lots of money if you lost it.
If you need unique services, hire criminal defense attorneys from Hurwitz Law Group. You can call us through (323) 300-2056.
Most people charged in Los Angeles, CA, can ask such a question. It is often the first thing to ask when you unsure of the extent of your crime. Yet, most criminal activities can widely affect your future life. As such, several benefits come in handy when you hire a criminal defense attorney. Find further facts here.
When you have a criminal record, your life is widely ruined in various ways. For instance, you are prone to lose multiple job positions. With a criminal defense attorney in your case, the charges may either be dropped or eased in terms of consequences. Read about Hurwitz Law Group: The Best Criminal Defense Attorney in Los Angeles, CA here.
It is tricky to keep your criminal case moving without a qualified defense attorney. Here, a criminal defense attorney works closely with prosecutors and the judge. In turn, you get a fast-moving matter while concluding the case promptly.
While in court, it can become tricky to defend yourself against experienced prosecutors. A competent criminal defense attorney can quickly negotiate and argue your case. This is because they have the skills to respond and discuss the matter.
Yes, it is worth it to hire a criminal defense attorney. Hire a Los Angeles criminal defense attorney from Hurwitz Law Group, and you’ll never regret it.
When a person has their record expunged, their record will no longer indicate that they have been found guilty of charges. After a person successfully completes the terms of probation, they may be eligible to have their record expunged—meaning they will no longer be considered a felon. Having your record expunged in Los Angeles comes with many benefits, including the ability to tell prospective employers that you are not a felon—which will expand your career opportunities.
To have your record expunged in the state of California, you may have to pay a filing fee. Note that some counties in California do not have a filing fee. This is important to know because many expungement lawyers charge exorbitant rates for their expungement services claiming the filing fees are included. You may not have to pay a filing fee depending on the county you are filing in, however.
When you start assessing how much it is going to cost you to have your record expunged, you will need to first determine the counties in which you received your charges. If you were convicted of charges in different counties, then you will have to apply for an expungement in each county. As you can imagine, the filing fees may add up and become quite expensive.
To begin the process of having your record expunged, you will first need to identify all of your charges and convictions. It is your responsibility to petition to the court the exact charges and convictions that you want to have removed from your record. This is why it is of the utmost value to have a practiced expungement attorney handle the process for you. Instead of you having to acquire all the proper documentation and information, your lawyer can get it for you, allowing you to rest assured the expungement process is being handled effectively.
Another important aspect to note about filing for an expungement is that you may qualify for a filing fee waiver; this is especially beneficial if you are filing in more than one county that has a filing fee. To qualify for a filing fee waiver, you will need to submit your income information. When a filing fee waiver is granted, the court will waive the fee and you will not be responsible for paying it.
If you have further questions about having your criminal record expunged in Los Angeles, please don’t hesitate to contact Hurwitz Law Group, Inc today.
Under Penal Code 1203.4 PC, defendants who have been convicted of misdemeanor or felony offenses and who have successfully completed the terms of their probation or parole can have their records expunged. Please note, though, that if time in a state prison was served as part of their sentence, then expungement is not possible. When an expungement is granted to an offender, this means he or she no longer have to identify themselves as a felon, nor do they have to put on employment applications that they have been convicted of a felony. Instead, it is as if the felony conviction never occurred.
One of the best ways to determine if you are eligible for an expungement of your felony offenses is by first understanding who is not eligible. If you are currently serving time for a felony offense, you will not be able to have it expunged. Even if you are on probation for the offense, you cannot have it expunged. Being charged with any type of criminal offense will keep you from going through the expungement process. There are also certain sex crimes involving children that cannot be expunged.
You are entitled to have your criminal record expunged if you meet the following criteria:
To qualify for the successful completion of your probation, you must attend all court appearances, not commit any new crimes, pay all fines and restitution, complete any recommended counseling programs, and perform all required community service.
As stated above, there are some crimes that cannot be expunged from your record. This means that regardless of whether or not you successfully completed the terms of your probation or parole, you cannot have the charges and convictions removed from your record and that you will always be considered a felon. The following are crimes that cannot be expunged from a person’s record:
A certain amount of time must pass after your probation or parole has ended before you can petition the court to expunge your record. It is during this period of time, however, that you can prepare for your expungement by collecting all necessary paperwork and making sure you do not commit any further criminal offenses. You will also want to contact a criminal law firm to speak with a Los Angeles Criminal defense attorney about the exact steps you must follow to have your record expunged. A expungement lawyer can explain to you which crimes can be expunged in Los Angeles and which ones cannot. The Hurwitz Law Group, Inc helps patients with the expungement process; contact our office today for a free consultation.
If you have been charged or convicted of a felony, you may want to consider trying to have it removed from your record as if you do not—it will never disappear from your record. A felony charge or conviction can limit you in many ways, including the types of employment you are able to secure as well as your voting rights. Also, such a charge can keep you from being able to bear a firearm. The following is crucial information regarding how a felony can impact your life in California and how you can go about having your record expunged.
In the state of California, a crime that is punishable by more than a year in prison is a felony. When a person is convicted of a felony, he or she is likely to end up spending time in jail or prison; however, some felony convictions come with no jail time and are served on through probation. While jail or prison time may be devastating, the long term consequences of a felony conviction can be even worse, such as the loss of certain civil rights and privileges.
When you choose an attorney to help with your expungement, you will want to contact a law firm that focuses in expungement cases. The expungement process is lengthy and tedious, and requires a driven lawyer to assure that all required paperwork be submitted accurately and promptly. Ultimately, you should hire a lawyer that you are comfortable with and are able to share all the details of your case with. Doing so will provide you with the best chance for achieving the most reasonable outcome.
It is important to note that not all felonies can be expunged. If, however, you have felony charges/convictions that can be expunged, it is recommended that you initiate the expungement process as soon as possible. By having your record expunged, you can increase your employment opportunities as well as gain back your civil rights.
Call Attorney Brian Hurwitz for a free consultation regarding your options for expungement in Los Angeles, California. Attorney Hurwitz will be able to provide insight on a course of action that is best for your particular situation.