It's a curiosity when the first question posed by a prospective client is, "Do I really need a Los Angeles DUI attorney?" Well, if you're the sort to do your own dentistry or set your own bones when you break them, I guess you don't. For the rest of us, however, a specialist's care in a specialized problem area is obviously and always a benefit. The Prosecutor has an army behind him in considering your DUI arrrest -- the arresting officers, the forensic criminalist who analyzed your blood or breath test evidence, the will of the People of the State of California, the agents of Mothers Against Drunk Driving -- and you have: you. The science of blood alcohol analysis, the requirements of probable cause for DUI arrest, the protocol and strategy of DMV administrative DUI Hearings, the pros and cons of the court, specific courtroom and assigned prosecutor -- these are all vagaries of which the layman has little or no knowledge and yet which can pose a important difference or threat in the resolution of your case.
Gold and Witham, Attorneys at Law, is comprised of Los Angeles DUI Attorneys exclusively devoted to the practice of drunk driving defense in Los Angeles and Orange County. Jeffrey Lewis Gold, Esq. is a former Los Angeles County Deputy District Attorney and admittee to the Los Angeles Police Departmen with 25 years legal practice to his credit. Los Angeles DUI Lawyer Nigel Witham, Esq. has 23 years practice in criminal defense both here and in England. Retained experts Henry Greenberg (former Los Angeles Sheriff Department Criminalist) and Maro Sasaki (former DMV Administrative Hearing Officer) are retained to review all cases for their most pragmatic and producitve technical defenses. This kind of prosecutorial backrounded, long-experienced and common sense expertise is only available to a DUI defendant courtesty of a Los Angeles drunk driving law firm. Don't walk this one alone, folks.
Source
Monday, September 28, 2009
Monday, September 14, 2009
No joy of text; Albuquerque bans driving while texting
A front page article in the July 24, 2009 Albuquerque Journal discusses “The High Price of Driving and Talking.” (Once I figure out how to do links, I’ll link to the article). Albuquerque is famed for its DWI checkpoints, but DWT checkpoints for Driving while talking or texting are on the horizon. Hollywood has glamorized bank robbers and serial killers. It is doubtful that there will be a movie called Natural Born Texters.
Considering all the hoopla about texting in the article, perhaps it might be time for a film, well a documentary at least.
The article lists the fees if a person takes his or her case to court. It can cost up to $185 for a first offense, but the article quotes City Public Safety Director Pete Dinelli. “Our goal is to send a very strong message to use a hands-free device…If it is your first offense we will dismiss the citation provided you brings in a hands-free device. But if it’s your third or fourth go-round, we are going to pop you pretty good.”
Unlike the ubiquitous red light violations, the “popping” will take place in Metropolitan Court before a judge as opposed to a city administrative hearing. An offender also has the option of community service.
Guilt must be proved beyond a reasonable doubt. That means officers must show up in court for a trial before a judge in order to make the case. A defense attorney could ask for a belt tape of the alleged incident. An officer could miss a DWI third jury trial while stuck in a cell phone violation hearing, putting further strain on the system.
Independent studies need to be done that focuses on several factors. Is enforcement of cell phone violations done fairly? One member of a minority group indicated that he felt unfairly targeted. Are certain cars or certain drivers more likely to get “popped?” Do the economics really work or is there an inordinate impact on someone who can’t afford a hands-free phone? Is a cell phone ban really increasing public safety?
Los Angeles recently passed a cell phone while driving ban. In the movie, True Romance, a big drug deal was negotiated by Director “Lee Donwitz” while speeding in his BMW up the Pacific Coast Highway. Talking on a phone can be grounds for a stop. If it discourages drug deals, perhaps a cell phone ban could be a good thing.
Source
Considering all the hoopla about texting in the article, perhaps it might be time for a film, well a documentary at least.
The article lists the fees if a person takes his or her case to court. It can cost up to $185 for a first offense, but the article quotes City Public Safety Director Pete Dinelli. “Our goal is to send a very strong message to use a hands-free device…If it is your first offense we will dismiss the citation provided you brings in a hands-free device. But if it’s your third or fourth go-round, we are going to pop you pretty good.”
Unlike the ubiquitous red light violations, the “popping” will take place in Metropolitan Court before a judge as opposed to a city administrative hearing. An offender also has the option of community service.
Guilt must be proved beyond a reasonable doubt. That means officers must show up in court for a trial before a judge in order to make the case. A defense attorney could ask for a belt tape of the alleged incident. An officer could miss a DWI third jury trial while stuck in a cell phone violation hearing, putting further strain on the system.
Independent studies need to be done that focuses on several factors. Is enforcement of cell phone violations done fairly? One member of a minority group indicated that he felt unfairly targeted. Are certain cars or certain drivers more likely to get “popped?” Do the economics really work or is there an inordinate impact on someone who can’t afford a hands-free phone? Is a cell phone ban really increasing public safety?
Los Angeles recently passed a cell phone while driving ban. In the movie, True Romance, a big drug deal was negotiated by Director “Lee Donwitz” while speeding in his BMW up the Pacific Coast Highway. Talking on a phone can be grounds for a stop. If it discourages drug deals, perhaps a cell phone ban could be a good thing.
Source
Tuesday, September 1, 2009
California DUI Lawyer Explains What to do if You're Stopped for a DUI
LONG BEACH, Calif., July 29 /PRNewswire/ -- Nationally-known California DUI attorney Lawrence Taylor, author of Drunk Driving Defense, offers this advice:
"What should I do if I'm stopped for suspicion of DUI?"
First, don't flunk the "attitude test": Be pleasant and cooperative with the officer. But that doesn't mean to do everything you're asked. For example, you're not required by law to take the DUI field sobriety tests, and frankly I'd advise you to decline them. In Los Angeles, Orange County, San Diego, San Francisco and other parts of California, you may be asked to take a DUI handheld breath test during the DUI investigation; again, you're not required by California law to take it and you should politely decline.
"Should I answer the officer's questions?"
Decline to answer potentially incriminating questions, such as "How much have you had to drink?" or "How do you feel?" Remember: whatever you say that can hurt you will be put in the officer's DUI report - and whatever will help you will be left out. A good answer is, "I would prefer not to answer any more questions until I can see an attorney."
"Should I take a breath or blood test?"
If you're offered a test after you're arrested for DUI, you should probably take it. If you refuse, the possible license suspension and jail time will be longer and a refusal can be used in evidence as an implied admission of intoxication. The blood test is potentially more accurate than the generally unreliable breathalyzer, so if you're confident that your blood-alcohol level is under .08%, take it.
"How serious are the consequences of a California DUI conviction?"
Initially, the possible legal consequences of a DUI conviction depend upon many factors, such as the blood-alcohol level, any prior DUI record, presence of children in the car, etc. Penalties include jail, fines, license suspension, DUI schools, probation and possibly more. But the indirect damage can be considerable: including a criminal record, increased car insurance, employment problems, professional licensing issues, security clearance -- even possible consequences in divorce or child custody cases.
"What is the most important thing for me to know if I'm arrested for DUI in California?"
DUI is the most difficult crime for an attorney to defend correctly, due to the complex criminal DUI laws and scientific blood-alcohol issues, as well as separate California DMV administrative hearings. Recognize that it's usually the unreliable breath machine that largely determines guilt or innocence. It's crucial that you retain a California DUI attorney with at least 10 years experience, preferably a lawyer who specializes in DUI defense exclusively in Los Angeles, Orange County or wherever you were arrested.
Source
"What should I do if I'm stopped for suspicion of DUI?"
First, don't flunk the "attitude test": Be pleasant and cooperative with the officer. But that doesn't mean to do everything you're asked. For example, you're not required by law to take the DUI field sobriety tests, and frankly I'd advise you to decline them. In Los Angeles, Orange County, San Diego, San Francisco and other parts of California, you may be asked to take a DUI handheld breath test during the DUI investigation; again, you're not required by California law to take it and you should politely decline.
"Should I answer the officer's questions?"
Decline to answer potentially incriminating questions, such as "How much have you had to drink?" or "How do you feel?" Remember: whatever you say that can hurt you will be put in the officer's DUI report - and whatever will help you will be left out. A good answer is, "I would prefer not to answer any more questions until I can see an attorney."
"Should I take a breath or blood test?"
If you're offered a test after you're arrested for DUI, you should probably take it. If you refuse, the possible license suspension and jail time will be longer and a refusal can be used in evidence as an implied admission of intoxication. The blood test is potentially more accurate than the generally unreliable breathalyzer, so if you're confident that your blood-alcohol level is under .08%, take it.
"How serious are the consequences of a California DUI conviction?"
Initially, the possible legal consequences of a DUI conviction depend upon many factors, such as the blood-alcohol level, any prior DUI record, presence of children in the car, etc. Penalties include jail, fines, license suspension, DUI schools, probation and possibly more. But the indirect damage can be considerable: including a criminal record, increased car insurance, employment problems, professional licensing issues, security clearance -- even possible consequences in divorce or child custody cases.
"What is the most important thing for me to know if I'm arrested for DUI in California?"
DUI is the most difficult crime for an attorney to defend correctly, due to the complex criminal DUI laws and scientific blood-alcohol issues, as well as separate California DMV administrative hearings. Recognize that it's usually the unreliable breath machine that largely determines guilt or innocence. It's crucial that you retain a California DUI attorney with at least 10 years experience, preferably a lawyer who specializes in DUI defense exclusively in Los Angeles, Orange County or wherever you were arrested.
Source
Thursday, August 20, 2009
Los Angeles Private Investigator Proves Child Neglect and Endangerment Issues Through Law Enforcement Intervention to Leverage Child Custody Disputes
Los Angeles, CA, July 29, 2009 --(PR.com)-- Increasingly, allegations of child neglect and endangerment are viewed as “child custody disputes” within the jurisdiction of family law courts. Accordingly, it is becoming more common for a parent to levy allegations of abuse and report such claims to the Department of Social Services to initiate a formal investigation.
Many concerned parents get a rude awakening when Child Protective Services’ reports turn up “Unfounded” results and they learn no further action will be taken. This can be a nightmare to any parent who has intimate knowledge of the abusive parent’s potential to harm the child.
In reality, most such cases are treated as “Child Custody Disputes” by family court. A contested child custody dispute can be a financially and emotionally frustrating endeavor. Many times the case can be reduced to legal theatrics by ambitious attorneys prolonging the legal agony for profit. Most cases will be invariably predicated on unsubstantiated facts and the implied consequences on the child. These cases will lack direct evidence to support the allegations to materially implicate the bad parent.
The child custody experts at Lead Investigation Group, Inc. specialize in handling such custody cases by introducing direct and relevant evidence. The agency consults and investigates complex custody cases private clients and Certified Family Law Specialist attorneys. The agency employs all its resources including use of law enforcement assistance when necessary to properly document and investigate criminal offenses (ie: DUI arrests, narcotics possession, domestic violence, or money laundering and financial crimes.) The investigations supplement the routine investigation conducted by the agency (ie: documentation of alcohol or drug dependency, relationship with or cohabitation with a new partner who is unfit, or through documentation of any pattern of behavior indicative of emotional abuse or neglect.) These efforts generate overwhelming evidence that would otherwise remain undiscovered.
In a recent case, Lead Investigation Group's Orange County private investigators documented a subject's alcohol intake during a weekend visitation with the minor child. The investigators noted the mother's impaired motor functions, as she drove to the babysitter's house to pick up the child. While transporting the child, the mother was detained and arrested for DUI by the Orange County Sheriff's Department. The evidence of the mother's alcohol intake was presented by the investigators and a conviction for willfull child endangerment and a DUI was sustained. Accordingly, custody was turned over to the father of the child, as the mother was deemed a potential threat to the minor child.
Lead Investigation Group’s investigators are subject matter experts and testify to these findings and present legally admissible audio and video recorded evidence to bolster the case. The findings are usually the key to a favorable custody ruling or modification.
Source
Many concerned parents get a rude awakening when Child Protective Services’ reports turn up “Unfounded” results and they learn no further action will be taken. This can be a nightmare to any parent who has intimate knowledge of the abusive parent’s potential to harm the child.
In reality, most such cases are treated as “Child Custody Disputes” by family court. A contested child custody dispute can be a financially and emotionally frustrating endeavor. Many times the case can be reduced to legal theatrics by ambitious attorneys prolonging the legal agony for profit. Most cases will be invariably predicated on unsubstantiated facts and the implied consequences on the child. These cases will lack direct evidence to support the allegations to materially implicate the bad parent.
The child custody experts at Lead Investigation Group, Inc. specialize in handling such custody cases by introducing direct and relevant evidence. The agency consults and investigates complex custody cases private clients and Certified Family Law Specialist attorneys. The agency employs all its resources including use of law enforcement assistance when necessary to properly document and investigate criminal offenses (ie: DUI arrests, narcotics possession, domestic violence, or money laundering and financial crimes.) The investigations supplement the routine investigation conducted by the agency (ie: documentation of alcohol or drug dependency, relationship with or cohabitation with a new partner who is unfit, or through documentation of any pattern of behavior indicative of emotional abuse or neglect.) These efforts generate overwhelming evidence that would otherwise remain undiscovered.
In a recent case, Lead Investigation Group's Orange County private investigators documented a subject's alcohol intake during a weekend visitation with the minor child. The investigators noted the mother's impaired motor functions, as she drove to the babysitter's house to pick up the child. While transporting the child, the mother was detained and arrested for DUI by the Orange County Sheriff's Department. The evidence of the mother's alcohol intake was presented by the investigators and a conviction for willfull child endangerment and a DUI was sustained. Accordingly, custody was turned over to the father of the child, as the mother was deemed a potential threat to the minor child.
Lead Investigation Group’s investigators are subject matter experts and testify to these findings and present legally admissible audio and video recorded evidence to bolster the case. The findings are usually the key to a favorable custody ruling or modification.
Source
Subscribe to:
Posts (Atom)