Thursday, July 25, 2013

The Pivotal Role of a Defense Attorney in a DUI Arrest and Charge

Newsflash from your Hollywood Attorney:




As a licensed driver in the state of California, you agree to abide by all traffic and safety rules. The rules are implemented to ensure the safety of millions of motorists that commute by vehicle on a daily basis. By operating a vehicle while under the influence of alcohol, you are committing a very serious traffic offense, and California has one of the stiffest penalties when it comes to DUI convictions.

DUI penalties include costly fines, license suspension, alcohol and education classes and a possible jail sentence. Aside from the penalties, you also add a serious blemish on your driving record. If you are convicted of a DUI offense, then it can also show up on background checks, which can greatly hamper your chances of obtaining employment. There is also the shame of being labeled a drunk driver.

It is important to note, however, that just because you have been arrested for DUI does not mean that you will be convicted. This is why it is absolutely essential to hire a Los Angeles DUI Defense Lawyer. An attorney will carefully strategize with you inside and outside of court to devise a top-notch defense.

There are various factors that can be explored and exploited in your favor. Factors, such as why you were pulled over and how the field sobriety test was administered all play a pivotal role. If the arresting officer did not follow proper protocol in your arrest or failed to conduct the breath test as required by law, then there enough reason to have your case reduced or dismissed, or at least cast enough doubt in the minds of the juror if it proceeds to trial.

In addition to developing a defense strategy, a Los Angeles DUI Lawyer can also help you at your DMV hearing to retain your license. Losing your driving privileges can present enormous complications as it means having to rely on other modes of transportation. A DMV hearing must be requested within 10 days of your arrest. This prevents the department from suspending your license until you are given a chance to challenge the case. Most DMV hearings are scheduled between 30 and 60 days or so after the date of arrest. This permits you to hold onto your license in the meantime.

In the event that your request for a lift on the suspension is denied, your lawyer will help you apply for a restricted driver's license, which you will normally be eligible to apply for 30 days after the suspension is enforced.

A defense lawyer will take an aggressive courtroom approach and do whatever can be done to demonstrate any weaknesses in the prosecutor's case. This may be done by showing that the traffic stop did not have proper legal cause, that the breathalyzer machine did not function properly or by gathering witnesses and other experts that can lend credibility to your case. No defense lawyer can guarantee that your case will be dismissed. However, you do stack the odds in your favor by bringing in a lawyer that will aggressively challenge the evidence against you.

About the Author
Jonathan Franklin is a Los Angeles DUI Defense Lawyer who is knowledgeable of traffic rules that govern California law. As a Los Angeles DUI Lawyer, he has helped many clients in and out of court.


http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600   
 http://www.jonathanfranklinlaw.com

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