Category Archives: DUI

Finding a Trustworthy DUI Lawyer

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The DUI
Drunk driving can be one of the most demeaning offenses you can have against you. Not only is it embarrassing, but it can be threatening to your livelihood. You may have been unfortunate enough to have spent the night in jail, or you may have had your license taken away. Both things can have an affect on your life and wellbeing.

The initial arrest might be over, but the court date is looming over your head. You need to find a DUI lawyer before you go to court. You want a lawyer who can quickly and efficiently look over your situation and make a plan based on the facts. They need to look over the details about your sobriety test to your blood alcohol content when you were arrested. It might be embarrassing; it might be terrifying, but remember to tell the truth to your lawyer.

Making It Through
Sitting with a DUI charge overhead is both harrowing and humbling so you will need help. Help will come in the form of a DUI lawyer, one you can trust to be hard-working and to care about your account of the situation. The pain of a DUI charge is bad; heavy fines, possibly jail time and a mark on your criminal record! A DUI lawyer can help get you out of that tough spot and at the least they can help you stay on your feet.

Finding a Lawyer
Finding a good lawyer is hard, but resources are available. Several websites can help you find the right lawyer for your case as they list lawyers who will be a good fit after you give them the information requested. Remember to treat lawyers like everything else in life, ask around and shop around. Look at the different reviews you get from these sites, see if you can’t get in touch with other clients or find reviews for the lawyer. Also, take into account the number of DUI cases is going up, and you should be able to find at least one person who’s had the same problem and find the right solution.

Finding the Best DUI Attorneys

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Many people have experienced driving under the influence by having a few drinks at a party and getting into the car to head home thinking that they’re perfectly capable of getting there. When you’re stopped by a police officer on the road and under the influence of alcohol, it doesn’t matter if you’re still perfectly fine to drive, once the cop knows you’ve had a few, you’re in trouble.

When trouble peeks around the corner you need to find the best DUI attorney you can to avoid a hefty fine or jail time, but it’s not as easy as looking a firm up online! Here are some helpful tips.

    1. Don’t take the lawyer’s claim for their competence – any lawyer or attorney can make that claim. They’ve studied the law, of course they’re competent! Competently doesn’t always mean they are specialized, and that’s what you want.
    2. Check the attorneys record & references.  The first place to start is the State Bar of California. There you can enter in the name of any attorney and find out how long they have been practicing, and if they have any negative marks on their record.  Another place to look is Avvo.com.  Avvo is a main source online for people looking for reviews of attorneys.
    3. Make sure that the attorney you’re looking to hire has the knowledge of the methods police officers use to test for drunk driving. You want them to understand every step and procedure, not just the basics! You also want to make sure they’re familiar with devices that some police officers use in the field as your defense could depend on it.
    4. Any DUI attorney you seek should be familiar with the testing performed by the laboratories to determine your blood alcohol content (a measure of how ‘drunk’ you are). Otherwise, they’re not the right attorney.
    5. In the end, just remember that NO attorney can promise you a specific result.  An criminal lawyer might tell you that they know exactly how the case is going to go the first time you two meet but that is impossible. What a good DUI attorney will be able to do however, is tell you on what they think your most likely outcome will be, and how they plan on getting that to happen.

Sometimes we get into unwanted and unwarranted trouble so if you’ve been accused of driving under the influence (DUI or DWI) it might be time to look into hiring a DUI attorney for your defense.  The attorneys at Netzah & Shem-Tov  will promise that they’ll fight for you until all options have been exhausted.

Contact us today to learn more about how we can help you on your DUI or DWI 818-995-4200.

What to Expect When It Comes To DUI Attorney Fees

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What You Should do When Charged with a DUI
If you’re facing a DUI, you need to find a legal practitioner who is experienced with DUIs. A DUI lawyer will usually charge more than other types of lawyers, but that cost comes with a level of expertise you might not normally get.

A DUI is a Large Charge
Although DUIs are officially misdemeanors, unofficially, they are large, major crimes with a public spotlight and a large media showcasing. Juries are usually influenced by what they see on television and can be less understanding of you as a defendant and more likely to ask for a heavier sentence or convict you as guilty.

Don’t go to court alone! It’s a bad move, and it’s one that might see your life ruined with barely a fight put up to stop it. You don’t know the law so you must find someone who does. A DUI attorney is a criminal industry expert, and they know the ins and the outs of the law. They have experience defending people like you, they know how to avoid unnecessary charges or jail time, and they have done all of this before. You think your are knowledgeable when it comes to law, you might think that you can argue as well as any lawyer, but is it worth risking your livelihood just to not pay a DUI attorney? Of course not. That’s not a chance anyone wants to take, and it’s not a chance anyone should ever have to take.

Paying a DUI Lawyer
Someone who specializes in DUI defense will usually require a larger fee than a lawyer who practices different types of law. Their specialization and expertise in the industry is important for you to get through the tough time.

Chances are you’ll be offered one of the two different types of fee agreements from the lawyer. You may pay a flat fee, or you may pay an hourly rate. Whatever the case, you are expected to place an advance payment down, and the remaining fees will be due prior to the verdict, and guilty or innocent, you will owe it.

For a rough rule of thumb, a DUI lawyer in a small town will cost anywhere between $500 and $1,000, whereas a very well known expert – someone who’s hired from state to state – might cost as high as $15,000! In summation, the more proficient the lawyer and the larger the place you are, the higher the fee will be.

Out of State DUI Convictions.

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Out of State DUI Convictions.

If you were charged with a DUI in another state within the last ten years, your chances of having your recent California DUI charged only as a first conviction depend on the specific laws of the other state.

In order for your first conviction to count as a prior in the state of California, the state that first arrested you must classify a DUI with all the same elements as a California DUI. For example, you can only be convicted of a DUI in California if you were operating your vehicle. In other words, you have to have actually been driving your car. In some states, however, you need only to be in control of your vehicle, meaning your car doesn’t even have to be running. You just have to be inside the vehicle and have possession of the keys required to operate it.

Differences like these could save you from the more severe consequences of a second conviction. If you think the California DMV may be wrongfully charging your first conviction as a prior, contact a lawyer to evaluate your unique situation. You may be able to challenge this charge by filing a Writ of Mandamus–a move that could spare you the major headache of a second conviction.

Let the skilled attorneys at Netzah & Shem-Tov take a look at your case and help you determine your best options. Even if a second conviction cannot be avoided, we will fight tirelessly to ensure your judgment is as light as possible.

Can the DUI Prosecutor Elect to Drop the Refusal Enhancement?

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Yes. As part of plea negotiations, the prosecutor will often dismiss or “strike” the refusal enhancement. Many prosecutors hate to go to trial on refusal DUI cases because they don’t have a BAC test result to use against the defendant. So they are often willing to settle the cases on more favorable terms, depending on the state of the other the evidence.

Can I Fight The Refusal Charge in My DUI Case?

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Yes, you can. The refusal charge only holds if it is proven at the DMV hearing and if the DUI prosecutor successfully proves the charge beyond a reasonable doubt in court, so your DUI defense lawyer can fight the charge for you in both situations. Possible grounds for defense include:

*Your DUI arrest was unlawful. The DUI and the refusal enhancement may be dismissed if there was not sufficient basis for the DUI officer to pull you over or arrest you.

*You were not under the influence. In the event that a jury acquits you of the underlying DUI charge, the refusal enhancement no longer exists in the eyes of the court. Please note, this may not prevent the DMV from pursuing suspension of your drivers license.

*You were not properly advised of the consequences of refusing. The DUI officer is required to advise you of the consequences of refusing the chemical test through a very specific set of warnings. (See Jury Instruction on Refusal) Neither the court nor the DMV can hold the refusal against you if the DUI officer failed to give you the warnings properly.

*The DUI officer was unclear about the BAC test requirement. All warnings must be given in such a way that they’re comprehensible to the DUI suspect. As such, the refusal penalty may be negated in the event that the officer’s explanation caused confusion regarding the requirement to take the BAC test.

DMV’s 10-Day Rule

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What is the DMV 10 Day Rule?

If you have recently been arrested for a DUI, you should keep in mind the DMV 10 Day Rule – You have exactly ten (10) days from the date of your arrest to setup your DMV administrative hearing regarding the suspension of your driver’s license.  (10 days includes weekends and holidays.)  If you miss this deadline, your suspension with the DMV will be automatic.  If you are already past the 10 days, yet have failed to setup the DMV hearing, contact us immediately, there is still hope to setup your DMV hearing and avoid the automatic suspension.

 

Netzah & Shem-Tov can help set up your DMV hearing Contact us today!