| If you have been arrested in California for DUI having a | | | | mistakes. I will try and save your license. |
| good lawyer is critical. | | | | COURT |
| Understanding law is one thing. As a practicing defense | | | | I will appear at the arraignment and obtain the |
| lawyer, my court experience goes far beyond my | | | | discovery I will appear at the pre-trial conference and, |
| Stanford Law School credentials. | | | | when appropriate, file one or more motions to |
| As a practicing lawyer for over 30 years, a former | | | | suppress. |
| deputy district attorney and being intimately familiar | | | | I have motions for most situations. If you felt |
| with the local courts, I have the "street" knowledge of | | | | something about the arrest was unfair I will fight for |
| our legal system necessary to get my clients the best | | | | you. Even if the police did not make any mistakes I can |
| results possible. | | | | still negotiate the best offer. |
| You may think there is no point to fighting a DUI, but I | | | | POLICE REPORT |
| often negotiate great terms for my clients. Even | | | | In the two page police report, I look at the field sobriety |
| better, in many cases I can get charged dropped! | | | | test location, the preliminary alcohol screen information |
| "And they say you can never beat a DUI! Not only did | | | | (PAS) information—the breath test—and then I |
| you get them to drop that charge, but I never went to | | | | check the chemical test information (Breath, Blood or |
| jail." -Peter-James J., Oakland, CA | | | | Urine). |
| How do I do this for my clients? You may surprised at | | | | Attached to the police report is the officer's narrative. |
| the number of possibilities in your favor. | | | | This contains the first observation, the observations |
| Police often make mistakes. Here are some examples | | | | after the stop, the field sobriety tests, one leg stand, |
| of police mistakes you can use to your benefit: | | | | Romberg balance, walk and turn and PAS (breath |
| - Failure to read Miranda rights | | | | test), other details of the arrest and any |
| - Mis-calibrated breathalyzers | | | | recommendations. |
| - Improper sobriety tests | | | | Then there is the sworn officer's statement in the |
| - Invalid tests due to medical conditions such as acid | | | | DMV's form called the DS-367. This is where the |
| reflux or diabetes | | | | officer gave his or her account to DMV in a sworn |
| - Improper seizure of blood sample | | | | statement. |
| There's more… | | | | BLOOD TEST |
| I know the DA only wants to move forward with | | | | This is a chemical test, with sometimes two separate |
| serious cases, especially in these difficult fiscal times. | | | | pieces of evidence. There may be a document from |
| Despite the fact that the DA has a number of | | | | the person who actually took the blood and another |
| resources to draw on, time and workload is often not | | | | document from the person who analyzed the blood. |
| on their side. There are times when the criminal court | | | | SERVICES AND FLAT FEE |
| system is overburdened, especially now when budgets | | | | I charge an inexpensive flat fee for first and second |
| are so tight. | | | | time DUI matters, usually no more than $3000 and |
| By working with the DA to resolve your case quickly, I | | | | often as low as $2500. First, I will explain to you the |
| am actually doing them a favor. And, of course, you | | | | system, talk about the case and answer your |
| benefit the most from this. | | | | questions. |
| It's a win-win-win for everyone. | | | | I am usually looking for two or three openings. The field |
| And there's more your case may have going for you | | | | sobriety tests offer opportunities for motions, as do |
| but I think I've made my point. | | | | check points, breathe tests, and blood tests. I will be |
| With your freedom and reputation at stake, you | | | | looking for mistakes that can make all the difference in |
| cannot afford to have an inexperienced lawyer | | | | terms of winning your case or getting a better offer. |
| represent you. | | | | You should do what you think is best based on an |
| You have enough to deal with, let an experienced | | | | informed understanding of the situation and my |
| lawyer take on this burden for you and sweat the | | | | suggestions. |
| legal details, so you will have less. | | | | If you don't know this already, you must take action |
| Here's what I can do for you: | | | | right away – Taking the first step now gives you |
| DMV HEARING | | | | the best chance for the best results. Waiting too long |
| I will represent you at your DMV hearing. | | | | to get started planning your defense could be |
| I will contact the DMV and set a date for your hearing. | | | | detrimental to your case. |
| I will ask for all the evidence to see if there are any | | | | |