DUI DEFENSE ATTORNEY
DUI PROCESS
Beach Cities DUI, based in Torrance, focuses on DUI defense in Los Angeles and the surrounding areas. Ensure your rights are protected by hiring an attorney who understands DUI laws and the DUI process.
The DUI STOP
A minor traffic violation gives the police the legal right to stop a vehicle stop a vehicle. If the police have a reasonable belief the driver may be under the influence of alcohol or drugs, then the police may detain the driver and begin a DUI investigation. Whatever way the vehicle gets stopped, this is the first step in the DUI process.
The DUI INVESTIGATION
The driver need not be drunk, wasted or wiped out, only that the alcohol or drug use is influencing the driver's ability to drive the vehicle. The police may call a DUI task force police officer who is trained in performing the DUI investigation. The officer will write down his "scoring" of field sobriety tests from this investigation. The officer will note his observations; as the driver's ability to follow directions, the driver's attitude and cooperation, the driver's speech, the driver's face, or if the driver or vehicle smelled of alcohol or drugs.
The DUI ARREST
The investigation must give the officer "probable cause" to believe the driver is DUI. The driver is required to give a breath test or a blood test. If the driver refuses to perform either test, then this is known as a Refusal, and is punished more severely than a standard DUI. Once the driver is in custody and is subject to custodial interrogation, then the police may read their Constitutional rights, commonly called Miranda rights.
The DUI BOOKING
After being arrested, the driver is taken to the local police station. A senior police officer will determine the bail, or decide that the driver can be released without posting bail. A phone call is allowed to provide required bail. But is the driver cannot post the bail, the driver will stay in jail and will go to court on the next business day.
The DUI ARRAIGNMENT
This is the driver's first appearance in front of the judge. Generally either the driver or the driver's attorney may appear. If you are charged with a misdemeanor DUI, then your attorney may represent you in court, and you (the driver) do not need appear in court at arraignment. The official charges are presented at arraignment, along with a copy of the police reports. This is where you plead guilty, no contest or not guilty. The not guilty plea would now get a new court date.
The DUI PRETIAL
Pretrial dates are court dates where your attorney will negotiate the merits and defenses with the prosecutor. This is when face to face and potentially long negotiations occur between your defense attorney and the prosecutor. It is also when a case status update is given to the judge.
Pre-trial motion hearings may also be scheduled at these pretrial dates. Motions are requests given to the trial judge. If your attorney reaches an agreement with the prosecutor, a final court date is scheduled where the sentencing will be finalized. If an agreement cannot be reached, then the case is set for trial.
The DUI TRIAL
The attorneys and the judge will select 12 jurors to hear your DUI case. Both the prosecutor and defense attorney will present evidence and make arguments. The jurors then discuss the evidence and the arguments in private, and decide if the driver is either guilty or not guilty. All jurors must be convinced beyond a reasonable doubt that the driver is guilty of the DUI.
YOUR FUTURE MATTERS - HIRE THE RIGHT DUI ATTORNEY
Call 310-378-3848 for a free and confidential DUI evaluation.
Beach Cities DUI 22750 Hawthorne Blvd., Torrance, California 90505
Email shelrosinsky@beachcitiesdui.com
Disclaimer: The information contained in this website is provided as a service to the community, and does not constitute legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of information contained herein. Legal advice must be tailored to specific circumstances of each case. As laws are constantly changing, nothing provided herein should be used as a substitute of advise from competent counsel.
The Courthouses in Torrance, Long Beach, LAX, and Compton handle DUI cases from Redondo Beach, Torrance, Hermosa Beach, Manhattan Beach, Lawndale, Hawthorne, Compton, El Segundo, Carson, Long Beach, Palos Verdes, Rolling Hills, Signal Hill, San Pedro, and all other South Bay cities.
REDONDO BEACH ATTORNEY DUI PROCESS POLICE MISTAKES DUI LAWS DUI PENALTIES
The Courthouses in Torrance, Long Beach, LAX, and Compton handle DUI cases from Redondo Beach, Torrance, Hermosa Beach, Manhattan Beach, Lawndale, Hawthorne, Compton, El Segundo, Carson, Long Beach, Palos Verdes, Rolling Hills, Signal Hill, San Pedro, and all other South Bay cities.
REDONDO BEACH ATTORNEY DUI PROCESS POLICE MISTAKES DUI LAWS DUI PENALTIES
