The back of my business card informs:
Upon advice of my attorney, Dale Gribow, I exercise my Right to Remain Silent until you contact him at 760-837-7500 or firstname.lastname@example.org.
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.
YOU are probably the reason you lost or will lose your DUI case because you did not know to follow the advice herein:
- Silence is Golden and Handcuffs are Silver. No matter what you say the police are probably not going to let you go. 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 facts are forgotten. Do not talk to anyone other than your lawyer.
- Don’t hire a DUI lawyer from out of town. Most cases don’t go to trial so it is important your lawyer knows and is respected by the local court personnel.
- 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 and your foolish comments about the arrest.
- Have your attorney call DMV within 10 days. That will save your license which would otherwise be suspended 30 days after your arrest, for 4-5 months, as stated on the Pink slip you received.
- Have your attorney request a DMV STAY, which freezes the 30 day suspension. DMV hearing officers are both judge and prosecutor and trained to cross examine you so you NEED a lawyer.
- Issues of constitutional rights re your chemical test are important at most DMV hearings. If you refused a test it will be used to prove guilt absent an explanation. Do not try this alone as hearing officers are both judge and prosecutor and are trained to cross examine you.
- The DA has the burden of proof on all issues/refusals.
- A DUI creates 2 separate proceedings; the court and DMV Administrative Per Se hearing. The outcome of one doesn’t affect the other.
- A DMV hearing has only 3 issues after a completed Blood/ Breath test as 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 don’t 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 for your license 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 officers 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 courtroom rules followed in the courts. DMV usually wins way over 90% of the hearings.
“Though I am sometimes referred to as a DUI criminal 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.
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
“TOP LAWYER” California’s Prestige Magazine PALM SPRINGS LIFE: DUI 2011-18
“TOP LAWYER”- Inland Empire Magazine Nov 2016
PERFECT 10.0 AVVO Peer Rating
“PREEMINENT” Rating – Martindale Hubbell Legal Directory
“BEST Attorneys of America” “Rue” (Limited to Top 100 Attorneys per state)
[National College for DUI Defense][National Association of Criminal Defense Lawyers][California DUI Lawyers Association]