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Here are just a few examples of police mistakes you can use to your benefit in your drunk driving defense:
- Improper sobriety tests
- Invalid tests due to medical conditions such as acid reflux or diabetes
- Improper seizure of blood sample
- Mis-calibrated breathalyzers
- Failure to read Miranda rights
You need to know ALL of the defense options you have availble to you. If you have been arrested in California for DUI having a good lawyer is critical.
Trying to go it alone against the state can be overwhelming and devastating to your case. After an incident, no one can get up-to-speed in law and plan a strategy in a matter of days. This is why we have lawyers available to us for hire in our legal system. As lawyers, we know the complexities of law and the legal system so you don’t have to stress yourself (even more) by trying to decipher and make sense of our laws.
Understanding law is one thing. As a practicing defense lawyer, my court experience goes far beyond my Stanford Law School credentials.
As a practicing lawyer for over 30 years, a former deputy district attorney and being intimately familiar with the local courts, I have the "street" knowledge of our legal system necessary to get my clients the best results possible.
With your freedom and reputation at stake, you cannot afford to have an inexperienced lawyer represent you.
You have enough to deal with, let an experienced lawyer take on this burden for you and sweat the legal details, so you will have less on your mind.
I know the DA only wants to move forward with serious cases, especially in these difficult fiscal times. Despite the fact that the DA has a number of resources to draw on, time and workload is often not on their side. There are times when the criminal court system is overburdened, especially now when budgets are so tight.
By working with the DA to resolve your case quickly, I am actually doing them a favor. And, of course, you benefit the most from this.
"And they say you can never beat a DUI! Not only did you get them to drop that charge, but I never went to jail." [Client had been arrested, drunk, with key in ignition without clothes on, and in a compromising position with a homeless youth he had just picked up.] -Peter-James J., Oakland, CA
Here's what I can do for you:
DMV HEARING
- I will represent you at your DMV hearing.
- I will contact the DMV and set a date for your hearing. I will ask for all the evidence to see if there are any mistakes. I will try and save your license.
COURT
- I will appear at the arraignment and obtain the discovery I will appear at the pre-trial conference and, when appropriate, file one or more motions to suppress.
- I have motions for most situations. If you felt something about the arrest was unfair I will fight for you. Even if the police did not make any mistakes I can still negotiate the best offer.
POLICE REPORT
- In the two page police report, I look at the field sobriety test location, the preliminary alcohol screen information (PAS) information-the breath test-and then I check the chemical test information (Breath, Blood or Urine).
- Attached to the police report is the officer’s narrative. This contains the first observation, the observations after the stop, the field sobriety tests, one leg stand, Romberg balance, walk and turn and PAS (breath test), other details of the arrest and any recommendations.
- Then there is the sworn officer’s statement in the DMV’s form called the DS-367. This is where the officer gave his or her account to DMV in a sworn statement.
BLOOD TEST
- This is a chemical test, with sometimes two separate pieces of evidence. There may be a document from the person who actually took the blood and another document from the person who analyzed the blood.
SERVICES AND FLAT FEE
Now, you might be thinking of my fees and how much it costs to hire me. Though you cannot put a price tag on freedom, you will probably be surprised at how affordable my rates are for an attorney at my level. I charge an inexpensive flat fee for first and second time DUI matters, usually no more than $3000 and often as low as $2500. First, I will explain to you the system, talk about the case and answer your questions.
I am usually looking for two or three openings. The field sobriety tests offer opportunities for motions, as do check points, breathe tests, and blood tests. I will be looking for mistakes that can make all the difference in terms of winning your case or getting a better offer.
You should do what you think is best based on an informed understanding of the situation and my suggestions.
If you don’t know this already, you must take action right away - Taking the first step now gives you the best chance for the best results. Waiting too long to get started planning your defense could be detrimental to your case.
Please contact my office for a free consultation.
707-658-4437
Doug Slain
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