8/10/2009

DUI Criminal Defense Attorney


DUI Criminal Defense Attorney

By Amy Pedersen


A drunken driving arrest or DUI case can be challenging, especially if you plan to win in California. People need a good defense and they are looking for help in fighting their case. Each DUI triggers two separate cases that every good DUI Criminal Defense Attorney is well voiced in. The first is the Criminal Court Case and the second being the DMV case involving your driver's license.


Yes, I mean the Court Process or Criminal Court Proceedings. Due to these time limits, when an attorney takes a new DUI case in the Bay Area, they must contact the DMV within the first 10 days of arrest and request an APS hearing.


When calling a DUI criminal defense attorney about drunken driving charges, most of the time, one of the first questions asked after, when were you arrested, is have you filed paperwork with the DMV to request a DMV hearing?


The drunken driving arrests affects poor people more than the rich. Most people simply don't understand their rights once arrested and released and end up waiving all of their rights at the APS DMV Hearing.


Each DUI in the Bay Area, California triggers two separate and totally different types of cases. The first case involves the Superior Court system and the second charges brought against someone once arrested for drinking and driving involve the Department of Motor Vehicles and an administrative per se or APS case. Due to the Vehicle Codes strict policies and guidelines, the drinking driver usually loses the DMV hearing.


A good DUI criminal defense attorney can help anyone to understand the intricacies and loopholes presented with a DUI arrest. Making sure to speak with a qualified defense attorney who is well voiced and experienced in DUI law is important to winning either the DMV or Criminal Court case.


When arrested for a DUI in California, timing is important and talking to a DUI Attorney in a timely manner can help keep your license once arrested. Within 10 days of DUI arrest, you need to file the correct paperwork and contact the DMV if you have any chance of keeping your license or restricted license while you await your court trial.


Talking to an attorney soon after arrest is vitally important. A good DUI criminal defense attorney will understand this and help the client to be seen as soon as possible to get the paperwork and DMV hearing process started. Since the initial consultation is free, it seems silly to not take advantage of the opportunity and talk to a DUI criminal defense Attorney regarding your drunken driving arrest.


In a DMV hearing, different rules of evidence and procedure apply than in the court process for a DUI case. The DMV APS Hearing is adjudicated by a "preponderance of the evidence" standard. Prosecuted and judged by a DMV Hearing Officer who went to DMV training and is "most likely" NOT a lawyer, these APS hearings are very different than the Superior Court criminal court process. For the standard first offense DMV APS hearing, the DMV will most likely not bring the arresting DUI officer in for the hearing.


Using a DMV subpoena and subpoena duces tecum available, the DUI criminal defense attorney that you hire can bring in the arresting officer for the case if needed and it seems necessary.



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