By Dale Gribow
Coachella concert goers encountered major wind gusts last weekend which may have prevented them from seeing our valleys finest Black and White vehicles awaiting them. Of course many drivers develop Black and White Fever when they see a police car even when they have nothing to hide.
“Coachella” brings a yearly spike of 3 kinds of arrests DUI’s; DRUGS, and Minor in Possession or phony ID. These arrests occur from the concert season through Memorial Day and then again on July 4th. Parents from California to New York call me when their kids are arrested.
Some arrests are minors who purchased an alcoholic beverage. However most have used a false ID to get into the VIP areas to purchase a drink. These kids have done nothing wrong…yet, other than possess an ID incorrectly showing they are 21.
A lawyer’s challenge is that this arrest is a crime of MORAL TURPITUDE and can have lingering effects that will affect future jobs and schooling. Last year I represented two junior USC Students that were roommates. One lost his dream aerospace summer job and the other was concerned about the effect of getting accepted to law school.
The DA’s have previously taken a hardline approach, refusing to reduce the arrest to a lesser charge… as would be the case in most of the other CA counties. The DA can offer a plea bargain or the Judge can determine the sentence if the arrestee pleads “to the sheet” i.e. to the charge. However a judge cannot offer a lesser charge without the DA reducing the charge.
The remaining popular arrests are for being drunk in public, drunk driving and or possession (or sales) of drugs (a controlled substance). The next few weeks will yield a lot of DRUNK DRIVING and Drug arrests in the greater Palm Springs area. The best advice is DO NOT DRINK AND DRIVE! Call a taxi or Uber. It is a lot cheaper than calling me.
However if you do not follow my advice, please remember that the Field Sobriety Tests (FST) and Breath Test at the scene are optional. Be courteous and tell the officer you understand they are optional and you elect not to take them. Advise the officer you are happy to cooperate and take a Blood test at the station or hospital. Of course the officer will book you for about 4 hours if he smells alcohol and believes you are under the influence.
Most DUI clients have never been arrested and are scared to death. They call me when released from the drunk tank. Everyone asks “what happens now?” The chronology below will answer your questions.
In most DUI cases our office is able to arrive at a good disposition. A disposition means that you will plead either to a lesser charge or you will receive the most minimal sentence that is possible under the unique facts of your case. In the Indio court the DA’s always ask for jail time on a first time DUI.
We will then work to trade the jail time for home arrest with an ankle bracelet….so you are NOT going to Jail. You are usually allowed to go to work for 12 hours and be home 8-12 hours.
As an experienced DUI lawyer we will ensure that you will not suffer any undue penalties or disabilities as a result of your arrest. The chronology of a DUI is: 1. Arrest; 2. Blood or breath test; 3.Booking; 4. Release on bail or OR citation; 5. We call DMV within 10 days to request a DMV hearing; 6. At the Arraignment we appear for you, enter a plea of not guilty and obtain the police report and review it with you; 7. Pre Trial where we appear for you and begin discussions with the DA; 8. 2nd Pre Trial (optional) where we appear for you and obtain additional discovery such as maintenance records of the breath machine or a copy of the video in the patrol car or other information in the DA’s file; 9.Attorney and client meet again and review the options available to you; 10. We assist you with signing court forms if there is a fair offer and again appear on your behalf. With a little luck you never have to attend court.
To avoid all this aggravation:
DON’T DRINK AND DRIVE, CALL A TAXI OR UBER………IT IS A LOT CHEAPER THAN CALLING ME!
If you have any questions regarding this column or ideas for future columns please contact Dale Gribow Attorney at Law at 760- 837- 7500 or dale@dalegribowlaw.com.
DALE GRIBOW
“TOP LAWYER” – Palm Springs Life (DUI) 2011-2016
10.0 AVVO Perfect Peer Rating
“Preeminent” – Martindale Hubbell Legal Directory
“Best Attorneys of America” Selected by “Rue” (Limited to Top 100/State)
