Drunk Driving Arrest? You Need a Great Defense Attorney.
Criminal Defense Attorney with offices in San Francisco and Vallejo
Your DUI arrest is a serious matter. Even the first conviction can result in jail, suspension of your license to drive, and major fines.
Drunk driving can be a felony, and put you in state prison for over a year!
You may lose your job if it requires a drivers license and a DUI-free record. And, the insurance costs after a DUI conviction are sky high!
You need a smart, honest defense lawyer to protect your rights and make sure you get fair treatment.
Avoid the DUI Pitfalls
A criminal defense attorney will guard you against common mistakes people make when they are accused of drunk driving.
- Do you know that you must request a DMV hearing within 10 days or suffer an automatic suspension of your license?
- Are you aware of the civil aspect of the DMV hearing which is critical to a DUI defense?
With
the increasing penalties for every conviction, defending each DUI offense is
extremely important to your freedom and financial well being.
It is important to fight all charges of DUI because the law is becoming more strict every year. Just in 2004, the law regarding prior offenses was extended to 10 years. Next year, the law regarding what is high blood alcohol will most likely be reduced from .20% Blood Alcohol Content (BAC) to .15% BAC. Other laws being considered include punishment of DUI convictions with prior offenses may result in PERMANENT revocation of your driving privilege.
Guarding Your Constitutional Rights
Defense Attorney Tim Pori is alert for police misconduct and prosecution errors which violate your rights. He will ask judges to throw out of court any "evidence" improperly taken by the police.
He will check police dispatch tapes, maintenance records, and in certain cases suggest re-testing of the sample.
Tim will represent you honestly, effectively, and realistically.
Drunk Driving Juries Do Not Like Technicalities
Tough
fact: drunk driving is a high-profile offense which is very unpopular. The
news media have publicized the problems associated with driving drunk and have
featured some repeat offenders who have injured or killed children when they
would not stop their drunk driving.
This public attitude toward chronic drunk drivers can affect your case.
Drunk driving has been named an evil by popular culture. Even if there were no injuries involved in your arrest, and even if you have never been arrested for drunk driving before, the public perception of drunk drivers matters to you.
Many
drunk driving juries will overlook inaccuracies in police testimony.
Judges and juries are unsympathetic to technical violations of policy and
procedure which would get other types of charges dismissed. District attorneys
do not want to reduce charges unless the defense can point out weaknesses in the
case. Otherwise the prosecution will not depart from a standard offer. Tim has a
reputation of going to trial and being very aggressive. This allows Tim to get
the best offers from the DA.
The bottom line is that getting a verdict of not-guilty in a drunk driving case is difficult but can be done by an experienced attorney.
A good DUI defense has to be clear rather than clever.
Drunk driving juries and judges have no patience with courtroom tactics that they see as manipulative. A good drunk driving defense requires your lawyer have the ability to reduce tough scientific principles into easily understood packages of information that all jurors can understand.
Your defense has to deal with today's attitude toward drunk driving and the public trust in forensics.
Tim is an experienced trial lawyer who understands what you are facing. He will be straight with you about your choices. He will fight for you with 100% of his energy.
Only after carefully investigating your case and discussing your case with you can Tim give you his opinion on whether your case has a good chance at trial. Of course, no one can guarantee what will happen at trial.
When you are in a situation that may result in a conviction, Tim will help you get the fairest treatment possible from both the legal system and from the DMV.
Finding All the Scientific Evidence
When there are facts – not tricks – that help your case, Tim knows smart, effective experts to expose the holes in the government's charges against you.
These
professionals can dispute prosecution witnesses who are engaged to provide
one-sided interpretations which make you look guilty. Tim will use experienced
toxicology and alcohol experts to uncover information and provide evidence that
will help you win your case.
Your witnesses will tell the rest of the story — the part the prosecution does not want the jury to know about.
A DUI is unlike most other misdemeanor charges because the prosecution must rely upon scientific evidence in order to prove its case. Any problems that may exist with the police equipment, the manner the equipment was used or maintained, or there if are reasons why the equipment couldn’t operate properly, then even the worst case may suddenly become a winnable one.
Tim Pori prepares each case as if it will go to trial. That is the only way an attorney can test the prosecution’s case and uncover any weaknesses in it.
DUI Defense Requires Immediate Action
The charge of Driving Under the Influence is unlike any other crime because it involves two separate proceedings:
- a criminal action filed by the state
- an administrative proceeding filed by the Department of Motor Vehicles
To fully protect your driving privilege, you need to prevail in both
proceedings. In most instances,
if
you are arrested for driving under the influence you will automatically
lose your privilege to drive if you do not request a hearing within 10 days of
the date of arrest. Therefore, you need to contact an attorney as soon as
possible after your arrest, even if you are contemplating using the public
defender to defend your criminal case.
You do not have a right to have an attorney appointed for you if you can not afford one at an administrative hearing. Tim Pori can represent you in the DMV action alone at a reduced price.
DMV DUI Administrative Hearing
The DMV administrative hearing is completely separate from the criminal action. In most cases, the evidence consists entirely of documentary evidence and the rules of evidence. Careless errors made by the police may result in victory at the administrative hearing. The DMV hearing is concerned with only three issues:
- The peace officer had reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code section 23140, 23152, or 23153.
- You were placed under lawful arrest.
- You driving a motor vehicle when you had .08% or more by weight of alcohol in your blood.
If you can prevail on any one of these issues then you have overcome the first hurdle to protect your driving privilege. Furthermore, if you prevail at the DMV hearing and later plead to lesser charges, this may result in significant insurance savings and no suspension of your driving privilege.
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Other Benefits of Legal Representation
In most DUI cases, Tim can appear in court without you being present. This means you will not miss work and potentially risk losing your job or spend lots of unproductive time waiting in court. Additionally, you can spare yourself the embarrassment of having to tell your boss you need to go to court.
How to Stay out of Jail: Get an Aggressive, Quality Defense
If you are arrested for a drunk driving, call your attorney as soon as possible. We have some general tips on what to do when arrested on our website. But, there is nothing more important for staying out of jail than hiring a good attorney.
The government's police officers and prosecutors are professionals. They know their business. They know how to put you in jail.
Juries trust Breathalyzers
and scientific-sounding evidence
A drunk-driving defense today has to be clear instead of clever.