Superman would fly off to his homeland whereas I fly off to legal seminars to learn the latest information on DUI’s and Accidents. Many years ago in Beverly Hills I over saw my 30 person law firm and was given the nickname “The Ace of Deuces”. The Legal Term Deuced refers to the DUI CHARGE which has historically ENDED WITH A Vehicle Code section ending in a 2. Initially it was called a 502, then a 23102, and today the charge is 2 counts (23152 a & b).
Superman was born in 1933 in Cleveland, OH shortly after the great depression because people needed hope in those days. In 2017 drivers with a DUI or ACCIDENT still need hope and I try to provide that hope.
Every hero needs a villain and every villain needs a hero…at least in the world of comic books. Today I strive to be that hope against the villainous DA’s and DMV Hearing Officers that look to jail/suspend the driver’s license.
MOST DRIVERS DO NOT KNOW THAT YOU CAN BE ARRESTED FOR A DUI WHEN YOU ARE NOT DRUNK? The TERM DRUNK DRIVING IS OFTEN MISTAKENLY USED INTERCHANGEABLY WITH DUI BY THE PUBLIC. The Terms DRUNK DRIVING/IMPAIRED DRIVING/BUZZED DRIVING AND DUI ALL refer to the same offense
There are different stages of drinking and they can all affect your court sentence? THE LOWEST LEVEL referenced on a police report is “HAD BEEN DRINKING” (HBD). After A LITTLE MORE ALCOHOL THE DRIVER COULD BE DRUNK which is the same as UNDER THE INFLUENCE/IMPAIRED/ BUZZED/PLASTERED, FACED (as in shit faced) and DEUCED.
However you do not need to be “Drunk” to be arrested and convicted of a DUI. THE CORRECT TITLE for a DUI is NOT DRUNK DRIVING as YOU DO NOT HAVE TO BE DRUNK. YOU MERELY HAVE TO BE UNDER THE INFLUENCE, IMPAIRED or BUZZED. The DA’s experts will testify that one becomes Under the Influence when the Blood Alcohol (BA) level is .08 or higher. In the Indio court they even file .07’s.
The DA, wanting a conviction and not having the jury dismiss the DUI because the jury determined the driver was not drunk, thus files 2 counts. In addition to a DUI count a 2nd count of Driving with a Blood Alcohol level of .08 or higher is filed. That way the likelihood of a conviction of one count is dramatically increased.
The jury thinks they are doing the driver a good deed by “splitting the baby” and finding the defendant guilty of only one count. Non lawyers do not realize that the same court sentence applies for a plea or conviction of either the 23152a or b count.
If the reading is .15 or higher that kicks in an enhancement filing by the DA and a more severe sentence by the court. It is referred to as a DUI HBA or High Blood Alcohol reading. The DMV however requires .20 to increase the penalty.
I was never given superpowers, but I have always been interested in righting wrongs to DUI and PI clients. Though I am sometimes referred to as a criminal DUI defense lawyer, I choose to not view my clients as ‘criminals’. I prefer to view them, and more importantly to treat them, as good honest people that have found themselves in a scary and unfortunate situation.
I look upon my job as protecting the Constitutional Rights of every American who drinks and drives and gets arrested for a DUI. I do however “Change Hats” when I SUE Drunk Drivers for damages to my Injured or Deceased (Wrongful Death) clients.
Ideas for future columns please contact me at (760) 837-7500 or firstname.lastname@example.org.
DON’T DRINK AND DRIVE, CALL A TAXI OR UBER………IT IS A LOT CHEAPER THAN GETTING A DUI OR ACCIDENT AND CALLING ME ………SO DRIVE SOBER OR GET PULLED OVER
“TOP LAWYER” – Palm Springs Life-(DUI/PI)-2011-18
“TOP LAWYER”- Inland Empire Magazine Nov. ’16
PERFECT 10.0 AVVO Peer Rating