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California DUI Laws
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TIPS BEFORE YOU PLEAD NO CONTEST TO A DUI
Many people arrested for a first offense DUI are scared to death of what it will mean for their criminal record, car insurance, DMV penalties and other consequences. DUI is after all a misdemeanor crime that can prevent future employers and state licensing boards from approving acceptance of a candidate, and it can stand in the way of leasing and other business transactions and government benefits.
Fear is sometimes heightened if the person actually did ingested either a little or a lot of alcohol. The anxiety can motivate the accused person to plead no contest or guilty when they hear a non-jail plea deal before all of the legal issues have been fully litigated by their DUI lawyer. Below is a general checklist of issues to consider before pleading no contest to a DUI.
General Checklist - 10 Things to Ask Before Pleading No Contest to a DUI:
1. If you are in custody, has your DUI lawyer analyzed the case thoroughly for a potential 991 motion to dismiss the entire case for lack of probable cause?
2. Has your DUI lawyer obtained the breath test machine accuracy and calibration logs available in Los Angeles to verify that the breath machine itself is a reliable source of admissible evidence against you? If the machine has malfunctioned recently, even if you think it was working when you breathed into it, an argument may be made to exclude that evidence due to the unreliable machine.
3. Has your DUI lawyer thoroughly analyzed the strength and weaknesses of the case based on the totality of how you were driving, whether you safely pulled over, whether you swerved, your performance on field sobriety tests, and other factors?
4. Who are the witnesses against you? Did an officer trained in assessing DUI impairment actually witness you driving a car, or were you parked drunk, or did a lay witness instead of an officer see you driving? If a lay witness saw you driving instead of a trained officer, is that individual credible? Is the witness evidence against you weak? Has your lawyer brought the weaknesses of the case to the attention of the prosecutor?
5. Does your DUI lawyer have experience taking DUI cases to trial, and does she/he know the science behind DUI evidence in order to negotiate for the best plea bargain? Which forensic toxicologist does your DUI lawyer use and is the expert credible?
6. What specific resources has your DUI lawyer utilized to examine the legality of the circumstances that led to the initial stop by police of your vehicle and the search and seizure of evidence? Was there probable cause for you to be pulled over and for charges to be filed against you? If not, has the lawyer filed a motion for a hearing to litigate the potential dismissal of your case on constitutional grounds?
7. Did your DUI lawyer file a Pitchess or Garcia motion to inquire into the credibility of the Los Angeles police department officers, Sheriff, or Highway Patrol officers that arrested you and obtained evidence against you? Have the officers been accused of any misconduct in the past? Would the officers be credible witnesses against you if the D.A. had to prove their case beyond a reasonable doubt? If they are not credible, has your attorney requested a better plea bargain?
8. Does the lawyer that you hired personally show up in court to litigate your case or send a less experienced associate?
9. What specific effort has your DUI lawyer made to argue legally for your case to be dismissed, reduce the charges, or minimize sentencing?
10. What are all of the terms and conditions of probation and other consequences of pleading no contest?
Mary Masi is a Criminal Lawyer in Los Angeles and has handled over 1,000 DUI and drug related cases. For details see: Mary Masi Law http://www.marymasilaw.com
Many people arrested for a first offense DUI are scared to death of what it will mean for their criminal record, car insurance, DMV penalties and other consequences. DUI is after all a misdemeanor crime that can prevent future employers and state licensing boards from approving acceptance of a candidate, and it can stand in the way of leasing and other business transactions and government benefits.
Fear is sometimes heightened if the person actually did ingested either a little or a lot of alcohol. The anxiety can motivate the accused person to plead no contest or guilty when they hear a non-jail plea deal before all of the legal issues have been fully litigated by their DUI lawyer. Below is a general checklist of issues to consider before pleading no contest to a DUI.
General Checklist - 10 Things to Ask Before Pleading No Contest to a DUI:
1. If you are in custody, has your DUI lawyer analyzed the case thoroughly for a potential 991 motion to dismiss the entire case for lack of probable cause?
2. Has your DUI lawyer obtained the breath test machine accuracy and calibration logs available in Los Angeles to verify that the breath machine itself is a reliable source of admissible evidence against you? If the machine has malfunctioned recently, even if you think it was working when you breathed into it, an argument may be made to exclude that evidence due to the unreliable machine.
3. Has your DUI lawyer thoroughly analyzed the strength and weaknesses of the case based on the totality of how you were driving, whether you safely pulled over, whether you swerved, your performance on field sobriety tests, and other factors?
4. Who are the witnesses against you? Did an officer trained in assessing DUI impairment actually witness you driving a car, or were you parked drunk, or did a lay witness instead of an officer see you driving? If a lay witness saw you driving instead of a trained officer, is that individual credible? Is the witness evidence against you weak? Has your lawyer brought the weaknesses of the case to the attention of the prosecutor?
5. Does your DUI lawyer have experience taking DUI cases to trial, and does she/he know the science behind DUI evidence in order to negotiate for the best plea bargain? Which forensic toxicologist does your DUI lawyer use and is the expert credible?
6. What specific resources has your DUI lawyer utilized to examine the legality of the circumstances that led to the initial stop by police of your vehicle and the search and seizure of evidence? Was there probable cause for you to be pulled over and for charges to be filed against you? If not, has the lawyer filed a motion for a hearing to litigate the potential dismissal of your case on constitutional grounds?
7. Did your DUI lawyer file a Pitchess or Garcia motion to inquire into the credibility of the Los Angeles police department officers, Sheriff, or Highway Patrol officers that arrested you and obtained evidence against you? Have the officers been accused of any misconduct in the past? Would the officers be credible witnesses against you if the D.A. had to prove their case beyond a reasonable doubt? If they are not credible, has your attorney requested a better plea bargain?
8. Does the lawyer that you hired personally show up in court to litigate your case or send a less experienced associate?
9. What specific effort has your DUI lawyer made to argue legally for your case to be dismissed, reduce the charges, or minimize sentencing?
10. What are all of the terms and conditions of probation and other consequences of pleading no contest?
Mary Masi is a Criminal Lawyer in Los Angeles and has handled over 1,000 DUI and drug related cases. For details see: Mary Masi Law http://www.marymasilaw.com