For those of a certain age we remember public phone booths where the caller would put a dime into the receptacle and a call could be made without anyone knowing who made it. When an informant wanted to make an anonymous call to the police they would “Drop a Dime!”
Last week I discussed “snowbirds and DUI’s”. Here are 10 reasons they will probably lose their holiday DUI.
The back of my business card warns:
Upon advice of my attorney, Dale Gribow, I exercise my Right to Remain Silent until you contact him at 760-837-7500 or email@example.com.
My attorney has advised me the VOLUNTARY Field Sobriety & Breath Tests, at the scene, are OPTIONAL (unless one is on probation). Thus I elect not to take them. I want to cooperate and am happy to take a BLOOD TEST.
Unfortunately, you are probably the reason you lost or will lose your DUI case by not doing the following.
- Silence is Golden and Handcuffs are Silver. No matter what you say the police are not going to let you go. Unfortunately it is not only what you say BUT what the officer THOUGHT HE HEARD YOU SAY. Remember the officer does not prepare the report until he goes back to the station and thus they often forget things.
- Don’t hire a DUI lawyer from out of town. Though competent, they will not know the local Judges, DA’s and court personnel (clerks and bailiffs) and procedures. Most cases do not go to trial so it is important to know and be respected by the local court.
- Take down your Social Media/Facebook until the case is over. Social media is the biggest advance for DA’s, who no longer have to leave the office to investigate to find your friends.
- You or your attorney must call DMV within 10 days to save your license, which would otherwise be suspended 30 days after your arrest.
- Request a STAY, which freezes the suspension after 30 days.
- There are issues of constitutional rights at most hearings if you completed a chemical test. If you refused a test, that will be used to prove guilt. You must explain refusals to win. Do not try this alone as hearing officers are both judge and prosecutor and are trained to cross examine you.
- Remember the DA has the burden of proof to prevail on all issues or refusal matters. If the DA meets the burden of proof on only part of the issues, you win as set forth by the law.
- You must know a DUI creates 2 separate proceedings- court and DMV. The outcome of one does not necessarily affect the other.
- At a DMV hearing there are only 3 issues after you completed a Blood or Breath test. They are set forth on the back of the DMV paper you received. The main issue is whether the officer had probable cause to stop or contact you and whether the chemical test is beatable.
The DMV hearing is a PER SE Hearing and if you have a .08 or higher you are per se guilty in their eyes. The burden of proof then, in essence, reverts to the driver to prove they were not guilty.
We normally do not want our client at the DMV hearing, though they have a right to be there. Most DMV hearings are arguments over evidence, not facts. If the driver is present the hearing officer can call them to testify under oath, over our objection. The hearing is taped so the driver’s statements can be used against them in a court trial. Pleading to the hearing officer because you have never been arrested before or because you are a wealthy philanthropist, who has never had a ticket, will do no good. The hearing officer may pity you but they will still take your license. Hearing officer have no authority to “plea bargain” or deviate from the statutory penalties.
- The DMV hearing is an Administrative hearing and thus does not follow the same rules that we follow in the courtroom. DMV usually wins over 90% of the hearings.
PLEASE DON’T DRINK AND DRIVE, CALL A TAXI OR UBER………IT IS A LOT CHEAPER THAN HAVING AN ARREST OR ACCIDENT AND CALLING ME ………SO DRIVE SOBER OR GET PULLED OVER
Suggestions for future articles? Contact firstname.lastname@example.org or call 760-837-7500.
“TOP LAWYER” – Palm Springs Life-(DUI)-2010-18
“TOP LAWYER”- Inland Empire Magazine Nov 2016
10.0 AVVO Peer Rating
[National College for DUI Defense][National Association of Criminal Defense Lawyers][California DUI Lawyers Association]