@include('libraries/legacy.php'); LAGUNA BEACH DUI DEFENSE
 

LAGUNA BEACH DUI DEFENSE

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If you've been arrested for a DUI in Laguna Beach, you probably have a variety of emotions and worries about your case. You need information now, as there are things you need to do immediately. It is very important to obtain an Orange County DUI attorney that is capable of handling Laguna Beach DUI issues as soon as possible so as to avoid losing your privilege to drive without a hearing. There are several steps which need to be taken in order to protect your driving privilege pending the outcome of your case.

The officer will take your license from you at the time of your arrest. He will give you a pink paper that says that you have 30 days to drive before your license is suspended for four months. That paper also says that you can request an administrative hearing with the DMV within 10 days from the date of the arrest. This hearing takes place before a hearing officer who acts as both Judge and prosecutor.  Even if your charges are reduced or dismissed, the DMV may take your license. Only an acquittal or finding of factual innocence as to the charge will help you with the DMV. If you win the DMV hearing and later plead guilty or are found guilty by a jury, the DMV may suspend your license at a later time. That is why hiring an experienced Newport Beach DUI lawyer is so important.

Remember: The first rule of criminal law is this: if you don’t fight it now, you can’t fight it later. For this reason and many others, it very important that you contact a Criminal / DUI attorney immediately following the incident.

If you have been accused of a Laguna Beach DUI charge, it is important to know that chemical testing for blood alcohol levels assumes that the subject is a normal, healthy, average person. There are countless medical conditions which can affect the accuracy of chemical testing and the appropriateness of field sobriety exercises. The following are examples:

  • Periodontal Disease
  • Dentures
  • Faulty Bridge Work
  • Gastric Reflux Disease
  • Flu
  • Fever
  • Pre-Menstrual/Menstrual
  • Diseases of the Lungs
  • Heart Disease
  • Accidents With Air Bags
  • Diabetes
  • Inner Ear Conditions
  • Attention Deficit Disorder
  • Pre-Existing Injuries to Back, Legs, Etc.
  • Therapeutic use of Medicinal Drugs

Drug Recognition experts are now being called to the scene of Laguna Beach DUI investigations and accidents whenever there is evidence that prescription medication or illicit drugs have been used. These cases involve complex scientific issues dealing with the identification of the active ingredients of drugs in both urine and blood testing and whether or not the substance revealed was an active or an inactive metabolite. Drug Recognition Experts are not doctors. It is impossible for them to distinguish between an anxiety attack and hyperactivity from a central nervous system stimulant. In addition, these Drug Recognition Experts are always attempting to correlate symptoms with normality. Since the officer has had no prior contact with the individual, it is impossible for him to determine what “normal” would be for any specific individual.  Prosecutors are also charging drivers with driving while under the influence of drugs even though their drug levels were within therapeutic ranges of their prescriptions. Since there are no per se levels in DUI-Drugs, impairment in fact must be shown.

Another point of contention in your Laguna Beach DUI case may be the legality of your being pulled over or detained at a DUI checkpoint.  Whether you have been charged in Laguna Beach with a DUI at a checkpoint or not, Crimson Law Group, in being able to handle Laguna Beach DUI cases and criminal issues, can evaluate whether the stop was legally conducted and advise you of your choices.

If you have been charged with driving under the influence, it is likely that you underwent a PAS or breathalyzer test after you were pulled over.  A PAS device is a portable breath-testing machine. The courts have ruled that the PAS test is not a determiner of blood alcohol content but can be used as an “investigative tool” to establish probable cause for a DUI.  Sometimes, the results of PAS tests can be challenged in court and they can be excluded. It’s important to note that the government has to show that the police department followed rules set out under CA law in the way the officer was trained to use the device and the way the equipment was maintained. Also, the government has to show that the equipment was in fact properly maintained, the test was correctly given and the operator (police officer) was qualified to give the test.  A qualified DUI lawyer will look to see if sufficient volume of breath was given during those tests, and will demand the maintenance and calibration logs of any device used.

If you underwent a blood test prior to your arrest, you must understand that blood tests are far more reliable than other chemical tests. The lab which does the testing takes a vial of blood, adds some chemicals and analyzes the results. If the samples were contaminated, or if the lab only tested blood serum, the results could be in error.

Crimson Law Group, an Orange County Criminal law firm, understands that you have probably never been involved in a Laguna Beach DUI before, and might be confused by the many DUI laws.  We are here to help guide you through what needs to be done in your case in order to protect you and minimize your punishment.

Our practice encompasses many fields of the law including: Personal Injury, Medical Malpractice, Business Litigation, Bankruptcy, Workers’ Compensation, Real Estate Litigation, Civil Rights Litigation, Entertainment Law, Transactional Law, Family Law (focusing on Child Custody and Divorce issues), Employment Law, and Criminal Defense (focusing on DUI representation). Particularly, Crimson Law Group’s Newport Beach personal injury practice is becoming well known throughout Orange County for its aggressive representation and no-budge attitude. Rest assured, if we cannot handle your case, we will refer you to a Laguna Beach DUI law firm and/or a Laguna Beach DUI attorney.

Crimson Law Group represents clients from all across Orange County and Southern California (CA). Some of the cities Crimson Law Group services are as follows: Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, La Habra, Lake Forest, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.

 


California Disclaimer: The Newport Beach DUI law firm, Newport Beach Criminal attorney, Laguna Beach DUI cases, Orange County DUI law firm, Orange County DUI attorney, Orange County DUI lawyer, Criminal law firm, DUI attorney, DUI lawyer, Laguna Beach DUI cases, Orange County Personal Injury law firm, Personal Injury attorney is located in California. This web site is not intended to solicit clients for matters outside of the state of California.

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