What (and what NOT) to do if you’ve just been arrested for DUI, by Award-Winning DUI Defense Lawyer
Автор: Coimbra Law
Загружено: 2019-01-26
Просмотров: 416
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What (and what NOT) to do if you’ve just been arrested for DUI
Nothing here is legal advice. Just personal, subjective opinion.
Award winning DUI Defense Attorney Joe Coimbra reveals some of his secrets for beating DUI. Coimbra Law Firm, APC has repeatedly WON DMV hearings and achieved complete dismissals of DUI cases before the DMV and court.
1. Put an inventory together of everything you ate in the 24 hour span of time before your DUI arrest. Sometimes, what you eat might have contributed to a false positive reading of your blood alcohol content. Foods as diverse as protein bars, fruit (when ripened), sugar-free gum, hot sauces, certain sweet foods like Honey Buns, white or sourdough bread, or a meal you ate at a restaurant sauced with white or red wine. Also certain fermented sodas and energy drinks may contribute to a false positive reading.
2. Research any automobile recalls of the make and model of your vehicle, the one you drove on the day of DMV arrest. Oftentimes, the prosecutor will try to use your driving pattern as a symptom of your having driven under the influence. For example, if you were speeding, driving too slow, failed to apply your brakes, etc. You’d be surprised how many defective cars are manufactured every year. Also, sometimes the vehicle itself may not have been recalled but components of the same make and model might have been (for example, faulty accelerator, brakes, power steering, etc). Have your car inspected for any mechanical, computer or electronic failures or problems. It may be that this contributed, if not entirely at least in part, to your allegedly-erratic driving. By the way, this can be a compelling defense particularly if there was any sort of accident or accident-related injury involved.
3. Put an inventory together of any and all medications you regularly take. For example, if you have a respiratory illness, any inhalers you take for asthma or COPD. Any vitamin supplements. Any mouthwash, or scented products you generally use on your face, such as cosmetics or aftershave lotion.
4. Immediately or as soon as you are able within the 10 days of your DUI arrest, make sure to call the department of motor vehicles (The phone number you need to call generally appears on the top corner of your temporary license, the thin pink sheet of paper you are given by the police officer). Do you want to make sure to request a DMV hearing. Quite frankly, I am not a big fan of phone calls. If there is some dispute later on or the DMV denies having gotten your call, there’s really no way to document unless you get very specific information. In my experience, it’s always best to submit your DMV hearing request in writing. When we submit our request, we always have a bond and confirmation that it was received and it hits on all the important points that can help preserve your rights.
5. Stay away from any lawyers that tell you that the DMV hearing is a lost cause. That the DMV generally rubberstamps the denials. In my experience, that’s nonsense. Just because they are difficult to beat does not make them unwinnable. This is generally the case with lawyers who charge too little to put up any sort of meaningful defense. Winning at the DMV can have immensely positive consequences even in your court case. Not only do you keep your driving privilege, but, on top of that, a good lawyer knows how to leverage a victory before the DMV with the prosecutor. Something like that can shake the confidence of the prosecutor in your case, quite possibly resulting in an all-out dismissal without the necessity of having to enter any guilty or no contest plea. At minimum, a good lawyer knows how to use a DMV victory as plea-bargaining power to get a meaningful reduction to something that doesn’t have a distractive consequences of a DUI conviction.
The American Institute of Criminal Law Attorneys designated Coimbra Law Firms against the 10 BEST LAW FIRMS; Pasadena Magazine voted Joe Coimbra TOP ATTORNEY for five years straight; he was also voted Lawyer of Distinction. Coimbra Law Firm, APC has achieved results (acquittals and dismissals) that other lawyers thought to be impossible to get. Attorney Joe Coimbra is THE authority on getting criminal charges thrown out in California.
Visit us: coimbraLaw.com
Check out what our clients are saying about us: CoimbraLaw.com/reviews
Write to us: coimbraLaw.com/contact-us
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