Valencia Resource Center
Being arrested for DUI in Valencia happens far more often than most people would like to believe; however, not all arrested individuals are guilty. If you're convicted, the penalties for drunk driving are serious and will likely negatively affect your life on a professional, personal, and financial level. This is why you must take action immediately after your DUI arrest to ensure that you understand your rights and that you're familiar with your options for an effective defense.
Valencia DUI defense attorney Daniel E. Kann has helped many people arrested for drunk driving successfully resolve their cases. In defending your rights and providing you with proper legal guidance, Dan will evaluate the specifics of your case to determine whether you have an affirmative defense that will lead to a dismissal of your case or at the very least find weaknesses in the prosecution's case against you that will lead to the charge or charges filed against you being reduced to much less serious charges.
10 Days to Schedule a DMV Hearing
Don't make the mistake of assuming that the Department of Motor Vehicles (DMV) will contact you to schedule a hearing concerning your arrest and driving privileges. You or your attorney must contact the DMV to request a hearing within 10 days of your arrest. If a DMV hearing is not requested within10 days from the date of your arrest, you will have effectively waived your right to a hearing and your driver's license will be suspended automatically after 30 days.
The DMV hearing is an administrative proceeding separate and apart from your DUI criminal court case. The DMV hearing focuses narrowly on whether you were stopped legally, whether you were operating a motor vehicle with a blood alcohol content of .08 percent or higher, and whether you were lawfully arrested. If the hearing officer finds that these elements are satisfied based on the evidence, your driver's license will be suspended regardless of what happens in court. Your lawyer can help you by submitting a request for the hearing, making sure that any possible license suspension is deferred pending the outcome of the hearing, and obtaining materials and evidence critical to your defense. Your lawyer will then litigate on your behalf at the hearing to defend your driving privileges.
The Criminal Court Process
The criminal court aspect of your DUI case places the burden of proof on the prosecutor to prove your guilt beyond a reasonable doubt. The outcome of the criminal proceeding may impact your driving privileges, but more importantly, your financial security, as fines may be imposed, and your freedom, as jail or prison time is possible if you are convicted. Other potential consequences of a DUI conviction include DUI alcohol school and the requirement that an Ignition Interlock device (IID) be placed in your vehicle for a minimum of five months. The IID is a device that you must breath into in order for your vehicle to start. If the device detects any alcohol in your system, your car will not start.
Although stressful, the criminal court process will go a lot smoother with a reliable attorney on your side. A knowledgeable lawyer will closely review the initial packet of evidence and information that is obtained from the prosecutor to establish whether any evidence is missing from the documents that may support your innocence. Typically, documentation and materials that a skilled DUI defense attorney will seek that are not included in the initial packet of evidence include maintenance, usage, and calibration logs for the chemical tests used to determine your blood alcohol content, photos, videos and audio recordings, and any notes taken by arresting and investigating officers, and any other material that can be used to investigate and defend your case. By obtaining the proper evidence from the prosecutor and the arresting law enforcement agency, such as the California Highway Patrol (CHP), your lawyer will build a solid defense on your behalf thereby protecting your liberty and your rights.
For additional information on DUI defense in California, please visit our DUI Information page on this website.
Defending Your Rights, Preserving Your Freedom
Just because you are arrested for drunk driving doesn't mean that you are guilty. Breath and/or blood tests administered in DUI cases are always evaluated by experienced DUI defense attorney Daniel Kann for accuracy, maintenance, calibration, and proper administration by the officers in the field. When oversight in maintenance and errors in usage are detected in regards to chemical test devices, the results of the tests will come into question and your attorney will argue that those results are not valid as they are unreliable and likely false. In addition, it is possible that investigating and arresting officers did not have reasonable suspicion or probable cause to stop you while you were driving. If this is the case, your attorney will file a motion with the court arguing that the stop was illegal, the evidence pursuant to the stop should not be admitted, and the case against you should be dismissed.
As a DUI attorney in Valencia, Daniel E. Kann knows what it takes to effectively defend your rights so that you can move on with your life. Dan is both diplomatic and aggressive in applying his many years of experience and defense strategies to help you obtain a positive outcome in your case. For more information about your legal rights and options, please call (661) 450-9678 for a free consultation.