2011 April Archive

The Ventura County District Attorney’s Office has sent out memos stating that some breathalyzers used by law enforcement in the county, may be defective.  The District Attorney says that breathalyzers have shown ‘erratic results’.

According to memo, breath samples obtained by law enforcement over a 3-month period in 2011, has shown a possible defect in the breathalyzer units.  The county is now reviewing arrests and convictions, to determine how many of these resulted from faulty breathalyzer tests.

If you have been arrested, charged, or convicted of a driving under the influence violation in Ventura County, your case may be thrown out.  The best way to ensure that results obtained in your case are valid, is to hire a criminal defense familiar with Ventura County’s criminal courts.
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Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your license.  The attorneys at Wallin & Klarich have been helping people keep their license for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

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A fourth DUI within 10 years is a felony. Given that many DA’s Office’s in CA seek the maximum punishment of one year in county jail- you are more than likely looking to send you to state prison for at least the minimum sentence of 16 months.

Given the serious nature of the offense you face, I would strongly encourage an individual NOT to try and represent yourself and “approach the court” to try and negotiate this. Find a good criminal defense attorney in your area and discuss your options ASAP. There may be things you can do to better position yourself for when you must appear in court.

An attorney can also try to defend this case – whether it’s trying to beat the DUI or attacking the validity of the prior convictions, trying to keep this from being a felony conviction.

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When you are stopped on suspicion of a DUI in Los Angeles, it can be a nerve-racking experience. The stopping officer will not likely be very kindly and may request that you perform certain tasks or answer particular questions.

Whether you realize it or not, the officer is investigating you. He has stopped you with the suspicion that you are somehow impaired by drugs or alcohol and is looking for any evidence that will support his belief.

If the officer asks you questions like “have you been drinking tonight?”, you can politely decline to answer or tell him that you do not wish to speak without first consulting with you attorney. Beyond providing your name and driver’s license, you are not required to say anything more to the officer.

The officer may also ask you to step out of your vehicle and perform certain physical exercises called “field sobriety tests” (FST). These tests, which may involve you walking a straight line, touching your nose, or reciting the alphabet, are designed to test your coordination. What you may not know is that these tests can also be very difficult to perform even sober, so your chances of performing these tests satisfactorily is fairly low. You can therefore, refuse to perform FSTs. The officer may take you into custody for refusing, but it will not result in new charges and you will avoid potentially incriminating yourself.

During your traffic stop, the officer may also ask you to breath into a “preliminary alcohol screening” (PAS) test, which is a small device that measures the alcohol content in your breathe. You can refuse this. The officer may threaten or confuse you into taking it, but keep in mind that you are not required to take this particular test.

However, you ARE required to submit to a chemical breath or blood test because of your “implied consent” when you obtained your driver’s license. These tests require you to be at the police station or hospital, and are never administered out in the field. Refusing to submit to these tests can result in harsher punishments.

It is important to know your rights and to be able to competently defend yourself against criminal prosecution stemming from a DUI arrest. Our attorneys at Wallin & Klarich have been helping people in this way for over 30 years and can provide you with the legal assistance that you need. Call us today at 888-764-2615 or visit us online at www.wklawdui.com

. We will be there for you when you call.

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