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Law Offices of Jonthan Franklin - Blog

You were involved in a traffic accident. The last thing you are thinking about is hiring a criminal attorney to represent you. Unfortunately, some drivers are charged with driving under the influence, or DUI, or another crime after being in a car accident. You may be one of them.

A police officer must have a reasonable suspicion that you committed a criminal offense and/ or a traffic violation to stop you. Sometimes a traffic violation or criminal offense happens as a police officer is driving in traffic. He or she notices a driver commit a crime or violation and pulls him or her over for a traffic stop. However, police watch people drive to spot erratic driving behavior, as well.

A California driving under the influence, or DUI, charge is so serious that it can cost you thousands of dollars and make your dream job impossible to get. The following are things you can do to avoid getting a DUI prior to ever getting stopped by police. These ways may actually decrease you odds of being arrested for DUI.

It occasionally happens. Sometimes drunk driving cases actually make it to a trial by jury. When they do make it to the trial phase, it can take a long time to conclude because of unforeseen circumstances. For instance, a lawyer may have scheduling conflicts or the court may have too many cases scheduled on one day. Those types of problems are common, but what about when an important witness cannot make it to court.

California has enhanced penalties for driving under the influence, or DUI, depending on certain factors like speeding or prior DUI convictions. Another factor is having a minor in the vehicle at the time of an alleged DUI offense. According to the state’s vehicle code 23572, the enhanced DUI penalty includes mandatory jail time. The amount of time received depends on whether the DUI conviction is the driver’s first, second, third or more.

An arrest for driving under the influence, or DUI, or accumulation of enough points on your driving record gives you the option to request a DMV hearing. A hearing at California’s Department of Motor Vehicles is your only chance to contest the administration per se, or APS, license suspension. In California, after you are arrested for DUI, you have 10 days to request the DMV hearing. The Law Offices of Jonathan Franklin has handled DUI related APS hearings long enough to know the five things you should understand about the hearing:

California takes driving under the influence extremely seriously. That is why there are tough penalties for DUI convictions. One tough penalty is called Ignition Interlock Devices, or IIDs. If you are convicted of DUI, the court may make installing an IID part of your sentence.

Yes, you read the title correctly. It may be totally inappropriate to write in a blog, but it is true. It is not illegal to drink and drive. Perhaps the best way to phrase that is not unlawful to drive after consuming alcohol. It is illegal to drive while under the influence of alcohol. What is the difference? The amount of alcohol in your bloodstream and whether it impairs you driving ability to safely operate a motor vehicle.

You probably think the legal term “driving under the influence” only applies to drivers who are drunk or drugged and operate a motor vehicle. Your are partially correct. In a sense. you are wrong, as well. A driving under the influence charge, or DUI, is not limited to the typical motor vehicles that you are probably thinking of like trucks and cars. In fact, California law enforcement can arrest you for driving other vehicles. It does not matter if that “vehicle” is what usually qualifies as vehicle.

A Halloween arrest is definitely not a treat. You may feel like others who have been stopped and arrested for DUI on Halloween, that it is just a trick. However, a Halloween DUI arrest is a harsh reality with even harsher consequences.

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Contact Information

Jonathan Franklin DUI Attorney
6777 Hollywood Blvd Ste 508
Los Angeles, CA 90028