The next six weeks will see a lot of DRUNK DRIVINGS in the greater Palm Spring area because of all the concert weekends and Memorial Day parties. The best advice is DO NOT DRINK AND DRIVE!.
However if you do not follow this advice, please remember that the Field Sobriety Tests and Breath Test at the scene are optional. Be courteous and tell the officer you elect not to take them and then ask for a Blood test at the station or hospital.
The average DUI client is someone who has never been arrested before and they then call me after they have been in custody for 4-6 hours and are scared to death. They all ask the same thing “what is going to happen now?” I have tried to address that in the chronology that follows.
In most driving under the influence cases our office is able to arrive at a 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 will always ask for a minimum of 10 days in jail if your reading is .08 to .10. If the reading is .14 it is 14 days in custody and a .19 is 19 days in custody. Of course we will work with you to trade the jail time for home arrest with an ankle bracelet. You are usually allowed to go to work for 12 hours and be home 12 hours.
In any event all your rights will be protected by an experienced lawyer who will ensure that you will not suffer any undue penalties or disabilities as a result of your charge or arrest. The chronology is:
Arrest
Blood or breath test
Booking
Release on bail or OR citation
Retain Attorney Dale Gribow who will call DMV within 10 days to request a DMV hearing.
Arraignment. We will appear for you pursuant to 977 PC and enter a plea of not guilty and obtain the police report from the DA.
Pre Trial. We will appear on your behalf and begin discussions with the DA.
2nd Pre Trial (which is optional). 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 the DA has in their file.
Attorney client meeting again. You would come into the office or talk on the phone to discuss the case and agree upon a final resolution. At this time if an agreement is reached we will assist you in filling out court forms so that we can appear for you to resolve the case in court. In some instances we may want you in court but not in the courtroom itself so that administrative matters can be concluded. Sometimes we try to talk to the judge to get the court to undercut the demands of the DA.
After the case is resolved in the court, the following events will occur.
We will obtain a court order for you to enroll in an alcohol awareness program for either a first or second time offender. The court will provide us with a document with phone numbers and a map directing you to the locations which are convenient to the court house. In the Indio court the are really only two choices.
We will provide this information to you by email or in person. We will provide you with a phone number and address for payments and assist you with arrangements on statutory fines which are required on all criminal cases.
As your case is going through the system, we will advise you as to the status of your driving privilege. In most cases if there is a plea or loss of the DMV hearing, your privilege is suspended for at least 30 days and restricted for at least an additional 90 days. When we request a stay on your license within the 10 day period, the 30 day suspension is TOLLED until the DMV hearing is over. As part of your representation by our office, we will represent you at the DMV hearing. This hearing can be in person or telephonically. We will discuss this in detail with you so that the best result can be obtained.
This is only a summary of a large amount of the procedure and law that is part of your DUI case. We will advise you fully as we meet with you to prepare your individual case for court.
If you have any questions on DUI or ideas for future columns, please call Dale Gribow 760 837 7500.
