Common Mistakes when dealing with a DUI in California
1. Not taking the matter seriously. This is a charge that could follow you for the rest of your life, if you are convicted. The Motor Vehicle Division will keep track of it until you are dead. The additional insurance charges alone could cost you thousands of dollars. If your your license is taken away, you have to prepay for an SR-22 endorsement to your policy. Your insurance company will also cancel or raise your rates based on your conviction.
2. Not hiring an attorney and, if possible, a specialist in DUI defense. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser. What should you do? You need legal advice and fast. You want an attorney who knows how to handle your case.
3. Hiring an attorney based on the amount of the fee alone. The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case. . If you go too low, your attorney will probably not be able to put in the time necessary to protect you. Look for a lawyer worth spending dollars with , not the lowest.
4. Not Fighting the License Suspension. If you do not request a hearing, you will not be able to drive until after a hearing or for 4 months to a year. Driving during this time is a serious traffic offense, regardless of whether you need to drive for work or personal reasons.
5. Driving after your license has been suspended. You have no right to drive after revocation and driving then is more serious an offense than your original charge. There are no provisions for you to drive for work or personal reasons. After a period of time, you may qualify for an interlock device. If arrested for driving during this time, you may have to post a $ bail bond just to get out of jail. If convicted, you face days in jail.
6. Assuming the Case Can't be Won. Assuming that the case can't be won is the number one biggest mistake that you can make in facing a DUI arrest and charge. It may be that your case may be so difficult or problematic that you may choose against a Jury Trial, but this decision should never be made in the blind. You would be amazed at the potential array of defenses available and the results that were initially unforeseeable, which ended without a DUI conviction or License suspension.
7. Failing to find out if the Breath Test or Blood Test Rules were followed. Breath tests and Blood tests can be attacked when it is discovered that the rules were not followed properly. California has detailed rules which require how these BAC tests are to be administered and how the devices are to be maintained, repaired and calibrated. One mistake can be crucial in the defense. "Mistakes" mean unreliability of the results. Expert review of these tests are relatively inexpensive given the seriousness of the consequences. One classic example is the violation of the 15 minute observation law before taking a breath test. Why would anyone plead guilty to this crime without looking at the evidence upon which the case stands? Find a lawyer that has experience in successfully challenging these test results. no matter how high, and find out if you may avoid a conviction.
8. Fail to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.
9. Talk to anyone but an attorney about your case. Anything you say to them can be used against you. When you discuss your arrest with friends or family, you risk turning them into involuntary witnesses against you. It is in your best interest to remember the details of your arrest. It will help you in your defense. In any criminal case, you must be represented by a competent defense lawyer. You may choose a lawyer or risk the consequences of representing yourself. By hiring an attorney immediately following your citation, you won't miss any deadlines.
10. Think that talking to numerous attorneys will help you handle it on your own. If at all possible you need to have an attorney go to Court with you. Who that lawyer is, and the experience and qualifications of your lawyer is your choice. Make your best choice and give yourself the best protection you can.
Find a Screened California DUI Attorney by calling 661-310-7999
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