2011 September Archive

Your alcohol level is one of many factors that must be considered in a DUI defense. Oftentimes individuals charged with a DUI come to the inaccurate conclusion that just because their blood alcohol level (BAC) was above the legal limit, they are automatically guilty. That is far from the truth. Like previously stated, a suspect’s alcohol level is an important factor but several other factors must be analyzed and considered in the fight against a DUI conviction.

Some of the primary factors to consider with your Southern California DUI attorney include: (1) reason your vehicle was stopped in the first place; (2) statements to law enforcement at the scene of the DUI investigation; (3) performance of various field sobriety tests; (4) whether the officer followed proper procedure in making an arrest determination; (5) circumstances surrounding the testing of your alcohol content. These are only a few of the important factors used to successfully fight and beat a DUI charge.

Your manner of driving is an important factor. There is a big difference between speeding 130 mph on the freeway while swerving and not coming to a complete stop at a stop sign. Just because your vehicle was stopped does not mean your vehicle was stopped lawfully. In addition, no two DUI stops and investigations are alike. That is why it is so important to hire an experienced criminal defense attorney versed in the most current DUI laws and defenses.

The prosecution must prove numerous elements, beyond a reasonable doubt, to sustain a criminal conviction. Again, the answer is YES, you can absolutely fight and successfully defend against a DUI charge even if you were found to be driving while over the legal limit.

Above are only a few of the numerous arguments an experienced Wallin & Klarich DUI defense attorney can make in court and at your DMV Hearing to save your privilege to drive.  If you or a loved one have been accused or charged with DUI in Orange County, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

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When you are arrested for a DUI or any other crime, if you are released without bail you sign a written promise to appear on a specific date. When you fail to appear on that date that can act as a separate crime for failure to appear which is a misdemeanor offense and can result in a jail sentence.

In addition when you fail to appear the court will issue a warrant for your arrest called a “bench warrant” and will set a bail amount. The bail that the court will set can vary from $5,000 to as high as $50,000 depending upon the judge and the circumstances of your case.

When a warrant is issued for your arrest the court notifies the Department of Motor Vehicles and you will receive notice that your driving privilege will be suspended until you go to court and have the warrant recalled.

What can you do to resolve this problem?

You need to immediately retain a DUI defense attorney who has experience going to the court where your case is pending. The dui law firm can appear in court on your behalf and explain the circumstances to the judge and ask the court to “recall the warrant” and release you without having to post bail. Then your lawyer can enter a not guilty plea on your behalf and begin to aggressively defend you against the DUI charge. You never want to risk being taken into custody by the court after you have failed to appear in court on the date that was set. Be smart and retain an experienced DUI defense law firm. You will be glad you did.

If you or your loved one is currently facing a DUI call Wallin & Klarich. WK has been helping thousands of clients facing DUI matters all over southern California. Give us a call at 888-749-0034. We are available 24 hours a day 7 days a week.

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Is my driver’s license suspended right away?

No.  If you have a California driver’s license in your possession then the officer will likely take your license and give you a pink temporary license that is good for thirty days.  If you take no action then your license will be suspended for four months after the 30th day.  If you request a DMV hearing within the ten days then you will retain full privileges to drive at least until the DMV hearing is decided.

What happens if charges aren’t filed by my initial court date?

It is not uncommon for the District Attorney’s office to have not filed a DUI case by the initial court date.  If this happens then you will likely receive a letter in the mail from the DA’s office advising you sometime after the initial court date that charges have been filed and what the new court date is.  If you don’t appear at court on the new date the judge will likely issue a warrant for your arrest.  The statute of limitation for a misdemeanor DUI is one year so if one year passes form the date of your arrest and the DA has not filed charges then they are statutorily barred from prosecuting you for that offense.

Should I hire a lawyer to help defend me against my DUI charges?

Absolutely.  A DUI arrest triggers two cases—one with the DMV and one with the court.  DMV hearings are very technical hearings where documents and testimony are submitted as evidence and legal skills are required in order to get the best possible results.  Public defenders are not available for DMV hearings and they are almost impossible to win without adequate legal representation.  It is also very important have an experienced private DUI defense attorney handle your DUI case in court if you are serious about fighting your DUI case.

If you or a loved one have been accused or charged with a DUI in Southern California, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin & Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney.

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Absolutely you should take an experienced DUI attorney to the administrative hearing at the DMV. Having an attorney represent you at a DMV hearing is a right that you have. This can also make the difference between saving your license and your privilege to drive a motor vehicle or not.

The DMV will automatically suspend your license 10 days after you are arrested for a DUI offense in California. Within 10 days of your arrest, you must call DMV to request a hearing to set aside their action to suspend your license.

The DMV will also have negligent operator hearings if you have too many points on your driving record. It is also imperative to have an experienced attorney to represent you in any DMV administrative hearing matter.

Other hearings through the DMV can also arise if you were in an accident and someone was injured or died and/or if you were cited or arrested for that accident where an injury or death occurred.

Do not leave the possibility of having your license suspended, revoked or restricted to chance. Other consequences to not having a valid license include citations or arrest for driving without a valid license and the reliance on family member or friends to drive you around or utilizing public transportation, which most certainly can be a hardship. Hire the San Bernardino County experienced attorneys at Wallin & Klarich to represent you in any DMV matter.

If you or someone you love has been accused of a DUI offense and causing injuries in California, contact the experienced San Bernardino County criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklawdui.com for a consultation of your case. We can help you especially on DMV matters where your driver’s license is at risk.

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The short answer is yes. Driving under the influence of alcohol or drugs, whether they are  prescription medications or illegal drugs, places everyone who is on the  road at risk. Typically, a first time DUI does not send a person to prison, however, depending on the facts and injuries and other factors, even a first time offense could land you in serious trouble.  It is important to hire an experienced Southern California DUI attorney if you are charged with driving under the influence.

On July 2, 2011 a former sheriff’s deputy was given a sentence of 32 months in prison for multiple felonies, including DUI and injuring an elderly woman in an off-duty collision involving prescription medications. Allan James Waters, 37, of Laguna Niguel pled guilty back in April to twelve various felonies. He also pled to a sentencing enhancement for causing great bodily injury during a crash.

Waters was driving erratically, when he crossed over the middle lane and crashed into a car driving in the left lane. The victim’s vehicle was pushed onto the wrong side of the road. The female victim, who was the passenger in that vehicle, was taken to the hospital after sustaining injuries to her back.

Have you been charged with causing injury to another person while driving under the influence of prescription medications in violation of Vehicle Code section 23153(a)?

The prosecution must prove that:

1. You drove a motor vehicle.

2. When you drove, you were under the influence of a drug.

3. When you were driving, you also committed an illegal act or neglected to perform a legal duty. AND

4. This illegal act or failure to perform a legal duty caused bodily injury to another person.

You are under the influence if, as a result of taking a drug, your mental or physical abilities are so impaired that you are no longer able to drive a vehicle with the caution of a sober person using ordinary care under similar circumstances.

If you or a loved one have been accused or charged with a DUI, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experience handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

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In many circumstances when a driver is debating in their own mind whether to drive or not, the decision hinges on whether the driver “feels fine enough to drive.”  Often drivers will get behind the wheel if they only slightly feel the effects of the alcohol, or in other words they feel buzzed.

The question that is raised is whether or not a driver may be charged with a driving under the influence offense if they only feel “buzzed”.  The answer to this question is yes.

In California, driving under the influence in codified under Vehicle Code Section 23152.  Vehicle Code Section 23152 has an (a) and a (b) section.  (a) section states in pertinent part that “it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”  The ( b) section states that “it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”

Under the (a) section of the Vehicle code, a driver may be charged and convicted of a driving under the influence offense, even if their blood alcohol level was below a .08.  A prosecutor will look to the totality of the circumstances surrounding the driving in determining whether to file a criminal case against a driver for driving under influence.

As such, driving while only feeling “buzzed”, may still be enough to warrant the prosecutor to file charges against the driver for driving under the influence.  If the driver’s blood alcohol content is .08 or greater by weight, there is a presumption that the driver is in fact driving under the influence.

Hiring an experienced Southern California dui defense law firm can greatly increase your chances of keeping your freedom.  The attorneys at Wallin & Klarich have been helping people keep their freedom 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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Yes, you can get a public defender for a DUI charge among other criminal offenses and is based on financial means and ability as the court will want to know if you are currently employed and what your income is. If your income is too high, you may be disqualified to have a public defender appointed and to represent you. However, it is typically smarter to hire an experienced DUI attorney if you have the means.

Some of the disadvantages of having a public defender represent you is the fact that the public defender represents many indigent defendants, so that you likely will be one of many defendants that the public defender represents. The time that they spend on your case will be limited as well as the time you actually get to speak to your public defender and explain the facts and circumstances of the case.

What does this mean? Well the Public Defenders’ Office operates by volume as they have a significant high case load to handle and each of their attorney’s times will be limited in the handling of each of their cases which could also raise the issue of having your case competently and properly handled.

Public Defenders are not always free and there may be a charge imposed on you for utilizing the public defenders office and their services.

In contrast, hiring a private law firm such as the San Bernardino DUI attorneys at Wallin & Klarich will make a significant difference. The attorneys at Wallin & Klarich will ensure that your case is handled competently and zealously, maintaining a high level of professionalism and providing the time necessary to review your case and discuss all levels of your case and the facts and details surrounding the offense charged.

If you or someone you love has been accused of a crime in California, contact the experienced San Bernardino criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

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Under current California state law, only certain DUI offenders are required to install ignition interlock devices (IID) in their vehicles as a condition of receiving restricted driving privileges. For example, courts are given the discretion to order first time DUI offenders with a blood alcohol content (BAC) level of 0.15 or greater to install an IID. It is important to note, however, that current law does not make ignition interlock devices mandatory for first time offenders.  An experienced DUI defense lawyer can help a person avoid installing one of these costly devices, however, if you are driving in LA County, a program has recently been introduced that would really crack down on DUI offenders.

A pilot program created by AB 91 makes it mandatory for everyone convicted of a DUI, whether a first time or repeat offender, to install an ignition interlock device in every vehicle they own and operate. For example, if you share a vehicle with your significant other or roommate, an IID must be installed in that car before you can drive it.

Only four counties are participating in the program: Alameda, Los Angeles, Sacramento and Tulare Counties. Some of the other requirements of the law include:

•    The individual must certify to the Department of Motor Vehicles (DMV) that the device has been installed in all of their vehicles before they can apply for a restricted driver’s license.

•    The individual must take the vehicle into the certified provider of the IID every 60 days for maintenance. Missing three or more of these appointments may result in the individual losing his or her driving privileges for an extended period of time.

The amount of time the device will have to remain in the car will depend on how many times the individual has been convicted of a drunk driving offense. For example, those convicted of driving under the influence of alcohol or drugs (Vehicle Code §23152) can expect to keep the IID for the following amount of time:

•    First time offenders: 5 months

•    Second time offenders: 12 months

•    Third time offenders: 24 months

•    Fourth time offenders: 36 months

If you drive a vehicle for work- you can get a waiver that allows you to drive work vehicles NOT equipped with the IID as long as you 1) Notify your employer that you are required under AB 91 to have an IID installed on your personal vehicle; and 2) Keep proof of that notice on you at all times you are driving that company vehicle without an IID installed on it.

The program is slated to run from July 1, 2010 to January 1, 2016.

If you or a loved one have been charged with a DUI contact the experienced Los Angeles criminal defense attorneys at Wallin &Klarich.  We’ve have been helping criminal defendants for over 30 years.  Call us at (888) 280-6839 or visit us at www.wklaw.com.

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Yes, you can get a public defender for a DUI charge among other criminal offense and is based on financial means and ability as the court will want to know if you are currently employed and what your income is. If your income is too high, you may be disqualified to have a public defender appointed and to represent you.

Some of the disadvantages of having a public defender represent you is the fact that the public defender represents many indigent defendants, so that you likely will be one of many defendants that the public defender represents and the time that they spend on your case will be limited as well as the time you actually get to speak to your public defender and explain the facts and circumstances of the case. What does this mean? Well the Public Defenders Office operates by volume as they have a significant high case load to handle and each of their attorney’s times will be limited in the handling of each of their cases which could also raise the issue of having your case competently and properly handled.

Public Defenders are not always free and there may be a charge imposed on you for utilizing the public defenders office and their services.

In contrast, hiring a private law firm such as the San Bernardino law firm of Wallin & Klarich, will make a significant difference. The attorneys at Wallin & Klarich will ensure that your case is handled competently and zealously maintaining a high level of professionalism and providing the time necessary to review your case and discuss all levels of your case and the facts and details surrounding the offense charged.

If you or someone you love has been accused of a crime in California, contact the experienced San Bernardino criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

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A DUI conviction will remain on your record for 10 years for the purposes of using that record as a prior offense-record of reporting. That means in essence that if you were to pick up another DUI offense within the 10 years of your first offense, the most recent offense will be treated as a second DUI offense meaning the sentence and punishment will be more severe for a second DUI offense and also if a third DUI offense is picked up within the 10 years of the first DUI offense. So the period runs 10 years for purposes of reporting it on a driving record.

Once the 10 years has passed since your last DUI and no other DUI offense occurs within that 10 years, then the clock basically starts over for another period of 10 years, meaning another DUI offense that occurs after 10 years of your last DUI offense-with no other DUI offense within that 10 years, then the most recent offense will be treated as a first DUI offense for records purposes. This law was effective in 2007 and this is also relevant for insurance purposes as your insurance carrier will likely run a check of your driving record once your policy is to be renewed of if you apply for insurance with a different insurance company. Obviously, the potential exists for your car insurance premium to increase upon renewal, based on a DUI offense on your driving record.

A DUI offense can be expunged once probation is completed and all fines and terms and conditions of probation have been fully satisfied and completed.

A DUI is a serious matter and no one should ever attempt to handle a DUI charge without a lawyer. Anyone accused of a DUI offense should contact the experienced San Bernardino attorneys at Wallin & Klarich. The San Bernardino firm has been handling DUI cases for over 30 years. Contact the San Bernardino law firm of Wallin & Klarich now and visit the website at www.wklawdui.com

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