The Future of DUI Defense

The laws of California DUI are in a constant state of flux. For example, the MADD lobby has pressed for stiffer punishment of first time offenders by enactin the IID requirement that goes into effect in July 2010. The insurance industry has gone crazy by requiring those that get a DUI to get an SR-22 and jacking up the insurance rates for first time convictions, the Supreme Court has all but eliminated the fourth amendment when it comes to a drunk driving arrest, what is next? we will see!

Fun, Sun, The Beach and DUI this Summer

With summer comes fun in the sun, drinking and sometimes over consumption of alcohol. No doubt the best advice when indulging is to avoid any driving. Invariably however there will be those that do not heed this advice and get arrested for DUI. One Seal Beach DUI Lawyer offers the following advice if arrested: First do not volunteer any information about the number of drinks you have had, Second, comply with all requests except do not volunteer to do any FST exercises if they are requested, Third, take the breath test not blood and do not agree to submit to the infield PAS unless you are under 21 or your jurisdiction DMV requires it such as if you are on probation. Have fun, do not drink and drive and put on sunblock.

A DMV Hearing Attorney Gives An Overview of DMV Hearings in California

In California the DMV can suspend an individual's drivers license in a varety of ways. Perhaps the most frequent actions commenced are those related to the abuse of alcohol and/or drugs. Statistically, the most common are the Administrative Per Se (APS) suspension hearings, also referred to as DUI hearings which arise out of a drunk driving arrest. This area is discussed more fully in our DMV Information page. These hearings are conducted at Driver Safety offices located throughout the state. In Los Angeles County the hearing locations are as follows: El Segundo, Van Nuys, Downtown Los Angeles, Commerce and Inglewood. In Central CA the DMV hearings are held in Bakersfield, and in San Luis Obispo County the driver safety offices are in Oxnard, and downtown San Luis Obispo.  By statute,  DMV Hearings are very informal and do not involve a trained or elected Judge, rather they are presided over by a DMV employee known as a hearing officer. According to one Torrance DMV Lawyer, the hearing officers are not lawyers but they do have training in the proper procedures and relevant law that dictates how evidence is presented and what standard of proof is necessary to sustain a suspension of an individual's drivers license. The "dual role" of the hearing officer as both an impartial judge of the facts and as a prosecutor for the department has created the appearance of a conflict of interest, but the Courts have held this is acceptable, often to the dismay and disbelief of most lawyers that practice regularly at the DMV.

In addition to APS hearings, some examples of other types of DMV Hearings include: Negligent Operator Hearings that involve cases where a driver has too many points on their driving record; Fraud Hearings involving the misuse of a drivers license to purchase alcohol by those underage; and Medical and Skill Hearings that involve the issue of a person's ability to drive due to age improper use of drugs and various medical conditions. One DMV Hearing Attorney in Torrance relates that  DMV hearings can very often be beyond the scope of the ordinary citizen to handle and therefore the services of a skilled lawyer familiar with the rules and procedures can level the playing field and increase a persons chances of prevailing and saving their license.
The most important thing to know about DMV Hearings is that there is a time deadline to request a hearing, if that deadline expires you may not have a right to challenge the suspension at all.  If you or a loved one is facing a license suspension or pending DMV hearing, call Attorney Matthew Ruff, he has been defending clients at DMV Hearings for well over 15 years and can give you the legal advantage necessary to win the DMV Hearing. Contact him Toll Free at 1-877-213-4453 today, mention this article and recieve a free consultation.

Manhattan Beach DUI Attorney Explains the Meaning of "Bodily Injury" in Felony DUI Cases

The California Vehicle Codes makes a DUI a felony when "bodily injury" results from any unlawful act caused by the drunk driver. Vehicle Code §23153 only requires proof of “bodily injury,” not proof of “substantial bodily injury” or “great bodily injury.” said the Court in the case of People v Guzman (2000) 77 CA4th 761 where the justices held that the California statute only requires proof of “harm or hurt to the body”. Minor injuries will satisfy the statutory requirement such as abrasions, lacerations, and back and neck pain, also cuts, headache, and stiff neck were sufficient injuries that have been found to satisfy the legal requirement of injury.  The distinction is significant given the greater punishment imposed for these offenses.

However, according to a local Manhattan Beach DUI Attorney  Matthew Ruff, there must be some physical injury; merely being shaken up or frightened is insufficient, at least that is what the Court said in the case of People v Lares (1968) 261 CA2d 657, 662. When the defendant causes “great bodily injury,” the court has authority to increase the punishment by imposing a sentence enhancement under Pen C §12022.7. This enhancement makes the offense not only a felony, but a "strike". In addition, when the defendant causes “great bodily injury” and has four or more separate DUI convictions within ten years of the current conviction, the court must impose a sentence enhancement under Veh C §23566(b). Furthermore, The bodily injury must be sustained by someone other than the defendant (Veh C §23153(a), (b)), for example, the defendant may be convicted of a violation of Veh C §23153 based on injuries sustained by a passenger in the defendant’s vehicle but not for injuries sustained solely by the perpetrator of the offense.

Should you require additional information about this topic or if you or a loved one is facing a felony DUI, attorney Matthew Ruff can be reached directly at 310-527-4100 for a consultation and review of your case.

Torrance Public Intoxication Lawyer Explains Distinction Between DUI and Drunk in Public

In California it is a crime to drive while impaired in any way that affects your mental or physical faculties, the impairment can be slight.  In contrast, the state also criminalizes being drunk in public, however the level of impairment required for a conviction is much greater.  For example, if the suspect in a public intoxication case were to fail the so-called Field Sobriety Tests given to suspected DUI drivers that would not necessarily equate to being impaired to the degree required for an arrest for being drunk in public.  According to Matthew Ruff, a local  Torrance Public Intoxication Lawyer  , the law mandates that the intoxication level be to such a degree where the person can no longer care for the safety of himself or to others around him or her.  In reality this means the suspect is so drunk he can stumble out into the street and kill himself or he is endangering the public.  Such a level of proof is certainly not required in a "drunk driving" case.  The bottom line in 647f cases vs. 23152 arrests, is that the requisite level of intoxication required is exponentially higher for public intoxication than for driving under the influence. 

Attorney Matthew Ruff can be reached at 310-527-4100 if additional information or advice is required.

The Speed Enhancement for DUI Charges in California

California imposes additional penalties on those convicted of DUI charges if some aggravated circumstances exist. Among those are when an individual is caught speeding at a high rate at the time he is stopped by the police. The Speed Enhancement as it is known carries an additional jail sentence of 60 days over and above what the original DUI sentence is. According to one Santa Clarita Speeding Ticket and DUI Attorney the law does require that the speeding be done in a manner that constitutes reckless driving notwithstanding the speed traveled. In other words, the conduct has to endanger others by the way the car is driven such as weaving in and out of traffic or speeding on a roadway with many pedestrians.

Questions You Should Ask a Saratoga Springs Personal Injury Lawyer

Questions You Should Ask a Saratoga Springs Personal Injury Lawyer Before You Hire Them

It is always a good idea to interview a few different personal injury lawyers before you choose which one you want to hire to handle your case. Interviewing candidates allows you to find out their expertise and experience levels, their prices and what strategies they will employ to win your case.

Here are questions you ask of your Saratoga Springs personal injury lawyer before you hire them:

Are you legally able to practice law in NY State? The answer to this question should be "yes". Dont forget to ask for proof.

What is your area of specialization? What kinds of injury cases do you take on?

Personal injury lawyers work in specialized areas, such as medical malpractice claims, workers compensations claims, or injuries from defective products. You need to know what kinds of cases they take on so that you will know if they can handle your case.

Have you handled cases like mine?

Is so, what was the result of those cases? The answer to this question will help you determine the level of knowledge and skill a particular lawyer has in a specific area. It will also give you an idea of how many cases this lawyer has won and what their rate of success is. The best Saratoga Springs personal injury attorneys will have demonstrated success.

What potential strategies will you use to win my case?

This answer will give you more insight into how the lawyer operates and if they have the necessary skills to win your case. What is your current case load? Do you have time to take on my case? Some firms have lots of manpower and can take on several cases at any given time and still do a good job with them. Other firms or practices have limited manpower and should only accept a few cases at a time. You need to know if the lawyer will have the time to properly work on your case before you hire them.

Will you be the only lawyer working on my case?

If not, who else will be handling my case and what are their qualifications? It is important to know exactly who will be handling your case and if they are qualified to do so. Taking the time to properly interview a personal injury lawyer before you hire them will help ensure that you pick the right person for the job.

So be prepared-we can help find your Saratoga Springs personal injury attorney. Visit for your free Report on choosing the right attorney for you.