San Jose Dui Lawyer Says Police Do Make Mistakes!

If you have been arrested in California for DUI having a good lawyer is critical.

Understanding law is one thing. As a practicing defense lawyer, my court experience goes far beyond my Stanford Law School credentials.

As a practicing lawyer for over 30 years, a former deputy district attorney and being intimately familiar with the local courts, I have the "street" knowledge of our legal system necessary to get my clients the best results possible.

You may think there is no point to fighting a DUI, but I often negotiate great terms for my clients. Even better, in many cases I can get charged dropped!

"And they say you can never beat a DUI! Not only did you get them to drop that charge, but I never went to jail." -Peter-James J., Oakland, CA

How do I do this for my clients? You may surprised at the number of possibilities in your favor.

Police often make mistakes. Here are some examples of police mistakes you can use to your benefit:

• Failure to read Miranda rights
• Mis-calibrated breathalyzers
• Improper sobriety tests
• Invalid tests due to medical conditions such as acid reflux or diabetes
• Improper seizure of blood sample

There's more…

I know the DA only wants to move forward with serious cases, especially in these difficult fiscal times. Despite the fact that the DA has a number of resources to draw on, time and workload is often not on their side. There are times when the criminal court system is overburdened, especially now when budgets are so tight.

By working with the DA to resolve your case quickly, I am actually doing them a favor. And, of course, you benefit the most from this.

It's a win-win-win for everyone.

And there's more your case may have going for you but I think I've made my point.

With your freedom and reputation at stake, you cannot afford to have an inexperienced lawyer represent you.

You have enough to deal with, let an experienced lawyer take on this burden for you and sweat the legal details, so you will have less.

Here's what I can do for you:

DMV HEARING

I will represent you at your DMV hearing.

I will contact the DMV and set a date for your hearing. I will ask for all the evidence to see if there are any mistakes. I will try and save your license.

COURT

I will appear at the arraignment and obtain the discovery I will appear at the pre-trial conference and, when appropriate, file one or more motions to suppress.

I have motions for most situations.  If you felt something about the arrest was unfair I will fight for you. Even if the police did not make any mistakes I can still negotiate the best offer.

POLICE REPORT

In the two page police report, I look at the field sobriety test location, the preliminary alcohol screen information (PAS) information—the breath test—and then I check the chemical test information (Breath, Blood or Urine).

Attached to the police report is the officer's narrative. This contains the first observation, the observations after the stop, the field sobriety tests, one leg stand, Romberg balance, walk and turn and PAS (breath test), other details of the arrest and any recommendations.

Then there is the sworn officer's statement in the DMV's form called the DS-367. This is where the officer gave his or her account to DMV in a sworn statement.

BLOOD TEST

This is a chemical test, with sometimes two separate pieces of evidence. There may be a document from the person who actually took the blood and another document from the person who analyzed the blood.

SERVICES AND FLAT FEE

I charge an inexpensive flat fee for first and second time DUI matters, usually no more than $3000 and often as low as $2500. First, I will explain to you the system, talk about the case and answer your questions.

I am usually looking for two or three openings. The field sobriety tests offer opportunities for motions, as do check points, breathe tests, and blood tests. I will be looking for mistakes that can make all the difference in terms of winning your case or getting a better offer.

You should do what you think is best based on an informed understanding of the situation and my suggestions.

If you don't know this already, you must take action right away – Taking the first step now gives you the best chance for the best results. Waiting too long to get started planning your defense could be detrimental to your case.