Basic DUI Tips

November 20, 2017

Driving With a Suspended License in Sacramento

Most people have been pulled over at some point for some kind of traffic violation. Well, some people are ready to pay the fine right away, while others are looking for an attorney to speak on their behalf and there are those who are looking to make sure that the case will continue until they will have the money to pay the fines. But, what happens if you cannot find the money to pay the fine or perhaps hire a qualified legal representative? After all, people these days are always busy and constantly in a rush, trying to deal with their issues and problems at work, so not all of us have the time or the money to pay such fines as quickly as possible.

California DMV (Department of Motor Vehicles) is stating that the suspension of one’s driving privileges implies that you will be unable to drive and your license will not be valid and this can happen for a number of reasons: for instance, should you fail to appear in court after you have received a traffic citation or if you did not pay the fine for failing to appear in court or if you do not have the proof of car insurance or even if you have failed to pay the necessary child support payments. Furthermore, if you were caught operating your vehicle while intoxicated or physically and mentally in a condition that does not allow you to drive safely, expect to lose your driving privileges for a long time.

With that said, not that long ago a study appeared that demonstrated that nearly one in six people who lost their driving privileges did so because they could not pay the expensive fines, and the situation does not help the state either. After all, nearly four million people were unable to find the money to pay for increasing fines. And, of course, poor people will be pressed even deeper into poverty, while the state does not get any money from them wither. It is a no win situation for everyone – that much is certain.

A suspended license may well cost a person his or her job, driving people into poverty. After all, not everyone has the possibility of utilizing local transport systems. Furthermore, the suspension of driving privileges does not only affect a person’s job – people’s credit ratings will be affected as well. In addition, if you have failed to pay the fines initially, you need to pay them in full prior to initializing a court hearing to reinstate your driver’s license, which also poses a huge problem for people these days.

When it comes to driving with a suspended license, the prosecution will need to prove that you were actually operating your vehicle knowingly and that you were well-aware of the fact that your license was suspended. Penalties for driving with a suspended license also vary from imprisonment in county jail for a couple of days and up to genuinely expensive fines for multiple infractions – thousands of dollars from your very own pocket. Your license may also be suspended for a different period of time – from 30 days all the way up to a year, if the offense was serious enough.

One way or the other, if you or your loved ones were charged with driving with a suspended license, it would be best and highly advisable to get in touch with a qualified Sacramento DUI lawyer who will help you make the most from the scenario. That way, you will be able to get all the legal help and support you need to ensure that your license is reinstated.

John Williams, ESQ
The Sacramento DUI Specialists

October 8, 2017

Sacramento DUI Case And Miranda Rights

We have all seen and heard it a million times now. Miranda Rights are essential when a law enforcement officer arrests someone. It is basically a warning that the suspect will need to hear before being questioned by the police. That way, the defendant will get a chance to remember his or her legal rights and that they are protected by the Fifth Amendment of US Constitution. Furthermore, the case will be dismissed in court if the arresting officer did not issue that Miranda warning to begin with, which could be used by the attorneys to the defendant’s benefit.

With that said, it is important to understand that law enforcement officers themselves do not have the right to convict or charge a person just because they believe that he or she was driving under the influence. The police are there to arrest you. Case files will then be redirected to the prosecutors who determine if there is enough evidence for the case to go to court. The prosecutors determine if a person is guilty or not. Hence, it is very important, crucial even, to make sure that you have a qualified, experienced legal representative by your side all the way through the legal process. Furthermore, it is also important to keep in mind that you should not talk to the police or answer any of their questions during the time of the arrest. Anything that you do say may and will be used against you in a court of law. Just remember your legal right to ask for an attorney as soon as possible. Only a genuinely qualified lawyer will have what it takes to ensure you are progressing in the right direction.

A good DUI attorney will get in touch with the law enforcement department as soon as possible and will begin to collect all the evidence that would help with case dismissal. This is why it is so crucial to hire a skillful lawyer with plenty of experience as they will be familiar with the police department and how it operates. Some of those attorneys also have managed to establish positive working relationships with the police and will therefore get what they need quicker.

Hence, the attorney will review what has occurred during the time of the arrest. Furthermore, he or she is also going to establish if there was any probable cause for the law enforcement officer to pull you over in the first place. The lawyer will be looking for loopholes that could allow you to avoid a harsh legal sentence or will get the case dismissed right there and then.

The legal representative will get in touch with the prosecutors as well. That way, he or she will have a chance to inform the prosecution about all the evidence, which is pretty much useless and does not correspond with legal requirements. The attorney will inform the prosecution that filing any formal charges against that person is not merely a waste of time – it is also a huge waste of resources. This is why a good lawyer can handle things quickly – s/he would have an established working relationship with the prosecutors as well.

Given just how devastating DUI charges may be, odds are, you are interested in avoiding any dangerous legal consequences. After all, you risk losing your driver’s license for a very long time, and all of the hefty fines. You may be required to attend special alcohol or drug awareness classes, and perform community service. Moreover, you could be required to install an ignition interlock device inside your vehicle. Finally, if someone got hurt or you damaged some property, there is a real chance that you will be sentenced to county jail or even state prison, depending on the circumstances.

Hence, the need for a qualified and experienced DUI legal representative is pretty obvious and you will have to get in touch with a good law firm with an impeccable reputation to ensure that everything possible is done to help you avoid the harsh consequences. A good attorney will have what it takes to negotiate the sentence or even to get the case dismissed, which are great results so you have to make sure that the lawyer knows what he or she is doing.

John Williams, ESQ

September 25, 2017

Driving Under The Influence In California

Driving under the influence of alcohol or any illegal substances is never a good idea. You are not just putting yourself in danger. Do not forget about your passengers, other drivers, and pedestrians – they are all at risk as well. Driving under the influence in the state of California is even worse, since the state applies some harsh legal penalties to DUI drivers.

When a person is charged with a DUI in California, there are two basic things that the prosecution will need to prove beyond any reasonable doubt. First of all, whether a person was actually driving under the influence of alcohol or drugs and second – whether his or her BAC (Blood Alcohol Content) was equal or surpassed the .08% threshold. While these two things may seem to be quite easy to prove, in truth, it is a whole lot more challenging.

First, the prosecution will need to prove that a person was actually operating the vehicle – driving it during the time of the accident – and while it may seem like the simplest task, it really is not. Of course, in some cases, the law enforcement officer was present at the scene and actually witnessed how the offender was operating the vehicle. In this case, the officer will be summoned to court to prove this. However, this is not always the case. At times, the law enforcement officers arrive on the scene after the accident took place and therefore cannot say for certain if the offender was actually operating the vehicle.  They were called by witnesses who claim they may have seen how a person was operating the vehicle under the influence of alcohol. Of course, proving the driving factor will be a whole lot more challenging in such a case and both the defense and the prosecution could use this fact to their benefit.

The next thing that the prosecution will need to prove would be the fact that the offender was actually driving under the influence of alcohol or some kind of illegal substances, nd this is where things could get tricky. After all, under the California laws, driving under the influence may occur if a person’s mental and physical abilities are affected by alcohol or drugs in such a way that they are no longer capable of controlling their actions, make responsible decisions and act as a sober person would in the very same situation.

The prosecution will try and prove that you were under the influence of alcohol or illegal substances through the arresting officer’s testimony. He or she will tell the court about how you were operating the vehicle, how you acted on the road, and what your reaction was when you were pulled over. Furthermore, the arresting officer will elaborate more on your ability to answer his or her questions as well as to perform the field sobriety tests. Finally, the prosecution will also want to demonstrate the BAC test results that would indicate that your Blood Alcohol Content was equal or surpassed the .08% legal threshold.

Needless to say, every single DUI case is different and this is one of the many reasons why you should get in touch with a qualified, experienced Sacramento DUI attorney to ensure you are not be facing the harshest legal penalties. And these could be quite severe indeed – expensive fines, pricey insurance, mandatory alcohol or drug awareness classes, the need to perform community service, installation of an ignition interlock device in your vehicle, as well as time in county jail or even state prison, depending on how severe the offense was.

Only a professional Sacramento criminal attorney will have what it takes to approach every different case in an individual manner, taking into consideration all the factors and all the evidence, and using all the available facts to your favor. If you or your loved ones were charged with DUI and you are already doing your very best to ensure you get proper defense, we simply cannot help but recommend that you get in touch with the best lawyers out there as soon as possible, thus giving yourself a fighting chance at winning the case or at least minimizing the sentence.

John Williams, ESQ
The Sacramento DUI Specialists

January 11, 2017

Preliminary Hearing And Everything You Need To Know About It

Before you are going to get to the trial, you are going to go to the preliminary hearing. This basically implies that you are going the trial that will take place before the actual trial. During the time of that hearing, the judge will not be establishing if you are guilty or not. The preliminary hearing is meant to discover if there is enough evidence to go to the trial in the first place. The judge is going to use the so-called “probable cause” standards in order to determine if the case is eligible for the trial. There has to be enough evidence to present to the jury.

Hence, the judge will need to review all the evidence that is going to be provided by the prosecutor. It is the job of the prosecutor to demonstrate that there is evidence pointing out the need for the case to proceed to the trial. The prosecutor will be using all the available evidence, including witness testimonials, police reports as well as any available physical evidence too. On the other hand, your legal representative will need to prove that there is not enough evidence for the case to go to trial. Hence, the lawyer will be able to use witness reports as well, physical evidence and any other crucial facts. Needless to say, not every single case will go to the trial, especially in case that we are talking about a serious felony. There is also the possibility that the jury will resolve the matter and will decide whether the case will need to go to the trial. Finally, do not forget that a plea bargain may help you deal with the matter properly. A good plea bargain may be a better option indeed.

Sure enough, the rules of preliminary hearings may differ from state to state, but one thing is common for every single state – preliminary hearing offers the one of a kind possibility to get the case dismissed before it goes to trial. Therefore, in case that you are hoping to avoid going to trial and wish to minimize the legal damage, you will need to act quickly. This means that you will need to get in touch with a qualified as well as genuinely attorney at the earliest opportunity. A good lawyer will be able to get things done properly – he will know how to approach the judge, the prosecution and the jury if necessary.

Furthermore, avoid using the services of a state attorney – these guys simply do not have the time to devote to your case. A professional lawyer specializing in Sacramento DUI will be able to invest all of his efforts into the case and will make sure that he will do his best in order to get the case dismissed or reduce charges before the trial. He will use the preliminary hearing in order to make the most from your defense and will help you the most.

The Sacramento DUI Specialists

September 12, 2016

What You Need To Know About DUI In Sacramento, California

The long and hard day is finally over, so you are driving your car home dreaming about how you are going to fall asleep in your bed. You take a quick look in the rear view window. A police car is appearing from some distance. Of course, the very first thing that you are going to do is checking your speed. Well, nothing wrong here – you are not surpassing the allowed speed limit. Still, you do not want to leave the things to chance, so you put both hands on the wheel. You were not texting while driving, you have a hands free phone in the car. Everything seems to be fine, so there is absolutely no reason to worry about anything.

Yet, you have forgotten to fix the broken taillight and you only realize it when the police car start signaling you with flickering lights. While you are pulling over to the side of the road, you are trying to remember if everything is in order. Now where did you put your driver’s license again? Is the registration fresh? And what about the insurance? Then your heart starts pounding – you were drinking with your friends tonight. Of course, it was only a couple of beers, but you do not remember what is the legal alcohol limit in Sacramento, CA. You try to explain the situation to the law enforcement officers, but the only thing that they really trust is the breathalyzer. And it already indicates that you were actually drinking and your BAC (Blood Alcohol Content) surpasses the established .08% limit. Hence, the officers are acting in line with the law and arrest you for driving while impaired.

With that said, a lot of people believe that they are only going to be stopped for a DUI check in case they will be frantically driving their vehicles. Other individuals get goosebumps only if they hear about an approaching Sacramento DUI checkpoint. Truth be told – it is the little things that may well get you in trouble. Speeding, ignoring the stop signs and even broken taillights may well have you being pulled over by the law enforcement officers, who are consequently going to establish that you were drinking and will have you arrested for DUI.

No doubt, if you are arrested for DUI, you are going to panic. After all, even if it is your first DUI arrest, chances are, you already heard about the possible consequences as well as legal penalties that may well be waiting for you. We are, of course, talking about losing your driving privileges, having to pay expensive fees and fines, community service, alcohol awareness classes, installation of an ignition interlock device in your vehicle as well as even possible jail time in county jail.

One way or the other, the very first thing that you will want to do in case you were charged with driving under the influence of alcohol, is getting in touch with a qualified as well as genuinely experienced attorney. The matter is very serious and you will require expert advice on this one.

There are some things that really matter in cases like this. First of all, you will need to understand whether or not you were legally pulled over. Did the law enforcement officers have the right to stop you? Did they have a reason to? In case there was no reason to pull you over and the law enforcement officers did so nonetheless, any evidence accumulated during this arrest will not be viable in court.

Once you are pulled over and if the officer has reasons to believe that you were drinking, he or she will ask you to step out of the vehicle. This is when the officer is going to be looking for any signs of alcohol intoxication. We are talking about things like unfocused eye contact, slurred speech and so on. The officer may also ask you to submit yourself to the sobriety tests.

It is very important to know that in California, unlike in many other states, in case the law enforcement officer would like you to take the breathalyzer test, it is obligatory for you to submit it or you will have to go to the police station. This is due to the fact that in California you are automatically agreeing to submitting to such tests when you are getting your driver's license. Hence, in case you will refuse, you may lose your license for up to seven months. Furthermore, if it is your second DUI offense and you refused to take the test, your license will be suspended for up to a year.

First time DUI offenders risk having to pay up to $1000 in fines, losing their license for up to 3 months and even having to spend up to 30 days in jail. In addition, there are certain additional fees as well and you may end up paying a lot more.

One way or the other, if you were charged with DUI, you will need to find an experienced lawyer, who had to deal with cases like this one before and who will know how to handle the judge and the prosecutor. Hence, it will be your number one priority to find a great attorney to represent you in court of law.

If you were arrested and charged with drunk driving in Sacramento, Sacramento DUI Specialists will help. Contact Sacramento Drunk Driving Attorney for your free case evaluation.

July 7, 2016

Inforgraphic: DUI Anatomy And Facts

Needless to say, driving under the influence of alcohol is a crime against humanity. This is when a person is knowingly and willingly gets behind the wheel, while his or her mental or physical condition is impaired by alcohol or illegal substances. Even though the official DUI statistics clearly demonstrate a significant rise in DUI crime every year, perhaps some of potential DUI offenders will sober up a bit after learning some of the facts behind the DUI statistics. Hence, check out the following information and make an informed decision next time you will drink and decide to drive your vehicle:

Inforgraphic: DUI anatomy and facts

June 26, 2016

Sacramento DUI And Expected Consequences

Lots of people consider that DUI is actually a minor crime and that the law enforcement authorities are going to treat it as such. Well, this is where they are wrong – the police is very unforgiving when it comes to the DUI offenders, due to the ever rising number of Sacramento DUI accidents on the roads all over the nation.

With that said, getting behind the wheel while being intoxicated is a very bad idea to begin with. Such a driver is going to pose a real threat to all the drivers around him, his passengers as well as the pedestrians. However, this does not stop some people from committing the crime. Well, perhaps some more information on the possible Sacramento DUI consequences will sober some people up.

The very first thing that the arresting officer is going to do after he or she will establish that you were in fact driving under the influence of alcohol, is taking your driving license from you. Now, granted, you are going to receive a special temporary permit that will allow you to operate the vehicle for 30 more days. However, after the 30 days had passed, your actual driver’s license is going to be revoked. In case you wish to argue with this decision, you will have to initiate an administrative DMV hearing. Still, you will have to hurry up – the hearing will need to be initiated within 10 days after the accident or else you are going to lose your chance to restore the driver’s license.

Nevertheless, losing driving privileges is not the only penalty that you will be facing and it is not the worst one yet. Depending on the circumstances of the crime, you will have to pay expensive fines – thousands upon thousands of dollars. In addition, do not forget that community service is also a very common penalty for DUI criminal and this implies that you are going to be spending hundreds of hours performing unpaid labor. Furthermore, you will have to acquire the new insurance, which is specifically designed for high-risk drivers. The SR22 insurance is very expensive and will cost you nearly three times as much as the usual one. An ignition interlock device may be installed inside your car so as to prevent DUI accidents in the future – the device will block the ignition in case it will determine that your BAC (Blood Alcohol Content) is above the standard limits.

Finally, there is always a chance that you will be sentenced to county jail or state prison and you will have to spend a lot of time behind bars. One way or the other, it is obvious that the possible Sacramento DUI consequences are far from being pleasant, but if you or your loved ones found yourselves charged with DUI, the best thing to do would be hiring a qualified as well as genuinely experienced Sacramento DUI lawyer at the earliest opportunity in order to handle your legal matters properly.

April 9, 2016

What Is Ignition Interlock Device (IID)

An Ignition Interlock Device (IID) is a special kind of tool that is connected to your vehicle’s ignition. This tool is used as a safety precaution for convicted DUI criminals, who had their driving privileges reinstated. It works in the following way – if you wish to start your car, you will first need to submit yourself to a breath test. If the device will to determine that your BAC equals or surpasses .05%, the car will not start and you will not be able to go anywhere.

If it is your first DUI offense and your BAC was lower than 0.15%, it is up to the judge to decide whether or not you need to have an ignition interlock device installed inside your vehicle once your driving privileges are restored. The device is going to remain in your car for up to a year. However, if your BAC was above 0.15%, the installation of the Ignition Interlock Device is mandatory. It will be installed in your car while your driver’s license is suspended and will remain there for up to one year after the license was restored.

If it was your second or even third DUI conviction, the ignition interlock device is a mandatory requirement. It is going to remain inside your vehicle for up to three years after your driving privileges were restored. The DMV is going to notify you about the suspension of your license and further instruction, which will allow you to get the device. However, if you refused to install the device or ignored the notice completely, you will risk losing your driver’s license for an additional year.

Installation of an Ignition Interlock Device is not the harshest penalty for driving under the influence of alcohol. In fact, it is rather minor comparing to other legal penalties that you risk getting for a DUI. If you wish to minimize the legal damage and the negative impact these penalties are going to have on your day to day living, it is best to get in touch with a Sacramento DUI lawyer asap.

April 9, 2016

What It Takes To Prove DUI In Court

There are several things that the prosecution will have to prove in court in order to get you convicted for DUI. All elements should be indicating that you were in fact driving the vehicle under the influence of alcohol or illegal substances. It is the job of the prosecutor to make sure you are convicted for the crime and it is the job of a qualified and experienced Sacramento DUI lawyer to demonstrate that certain elements do not fit into this picture.

With that said, first of all, the prosecution will need to prove that your BAC (Blood Alcohol Concentration) was above .08%. It can be demonstrated through blood tests or via the breathalyzer. However, if you were charged with driving under the influence of illegal substances (drugs), there are certain blood and urine tests that will be taken into consideration. The law enforcement officer may use the field sobriety tests as enough reason to take you into custody, but these tests are not always reliable. The DUI attorney is going to verify their results thoroughly in order to exclude any mistakes.

Furthermore, it has to be proven that you were actually operating the motor vehicle. It is enough for you to be inside the vehicle with your keys in the ignition to consider that you were operating it. In addition, your vehicle must be in condition to drive. In order for the court to convict you, it must be proven that your car was functioning properly. Finally, it is also has to be proven that you were in a public spot, which means pretty much any place that the public has access to and any place with lots of people, which includes hospital grounds, school ground and so on.

If the prosecution has all these facts lined up against you, it is crucial to have a good Sacramento DUI attorney by your side. Remember – you must tell the truth to your legal representative, never lie, no matter how ashamed you may be – after all, you do not want any surprised to appear in court. A good lawyer is going to review all the evidence against you and will use it in order to come up with a solid legal defense strategy. Professional Sacramento DUI attorney will do his best to make sure your sentence is minimized or the case is dismissed.

April 2, 2016

Zero Tolerance DUI Law

DUI lawyers SacramentoNo one is perfect and we all make mistakes – it is in our nature. However, what is utmost important is not letting our mistakes ruin our lives as a whole. For instance, drinking alcohol and getting behind the wheel is never a good idea – especially when you are a minor, under 21 years of age.

With that said, there is a Zero Tolerance law in Texas when it comes to minors and DUI (driving under the influence of alcohol or illegal substance). See, for an adult to be charged with a DUI, his or her BAC (blood alcohol concentration) should be equal or surpassing the 0.08%. However, if it is a minor under 21 years of age, no matter how much alcohol there is in the blood, he or she is going to be taken into custody.

It is important to understand that drinking alcohol when you are under 21 years of age is illegal, let alone getting behind the wheel while you are drunk. As for legal penalties, even though the crime is classified as a Class C misdemeanor, the minor is still going to need to pay an expensive fine, perform some community services and even attend alcohol awareness classes. Furthermore, the crime is going to appear on the person’s public records. This may get him or her expelled from school or college and it will be difficult to find a decent job with these records. Losing driving privileges for 2 months is also a painful penalty.

In order to minimize the impact of above mentioned penalties, it is crucial to hire a professional Sacramento DUI attorney, who will use his knowledge and expertise to help you fight the verdict. Experienced Sacramento DUI lawyer will do his very best to clean your records and to make sure they will not be available to the public.