How much does a criminal case or DUI cost in San Diego? San Diego Criminal Lawyer
A criminal case, particularly a DUI case, can cost a lot more than many people realize. The overall cost of a case can be very high when all of the factors are considered. If you or a loved one has been arrested or charged with a crime in San Diego, contact The Loncar Law Firm for a Free Consultation about the cost and other consequences of your criminal case.
DUI CASE COSTS DUI cases have some of the highest fines and other associated costs of any kind of criminal case. The financial impact of a DUI conviction is intended to be the greatest deterrent against drunk driving. Someone convicted of a first time DUI can expect to pay roughly two thousand dollars in fines, five hundred dollars in alcohol class fees, car insurance rate increases, costs associated with a loss of license/employment, towing fees and more. A second conviction for DUI will be even more costly, with higher fines, longer (and more expensive alcohol classes), and mandatory jail time. As far as legal fees go, DUI cases are time consuming cases, with complex scientific defenses. Effective DUI representation may not come cheap, but could ultimately save you your driver's license, keep you out of jail, save your job and more. more about DUI cases SUSPENDED LICENSE CASE COSTS Suspended license cases may seem to be insignificant, but those who have dealt with suspended license cases know that they can be incredibly costly. In addition to paying fines of over a thousand dollars for an infraction or misdemeanor conviction, there are other significant costs including any outstanding fines on old tickets (leading to the suspension), towing and impound lot fees, loss of use of vehicle, jail time and more. The Loncar Law firm has helped clients save as much as four thousand dollars (after legal fees) in suspended license cases. Having a suspended license, and facing a suspended license case can feel like quicksand. Our office can help get you back on the road legally, and save you money in the process. more about Suspended License cases DOMESTIC VIOLENCE CASE COSTS Domestic violence cases have higher fines than many other criminal cases. Someone convicted of domestic violence in San Diego can expect to pay over seven hundred dollars in fines to the court, as well as having to pay for a 52-week domestic violence class, which typically will cost over a thousand dollars. Additionally, protective and restraining orders may require moving or switching jobs. Avoiding a conviction in a domestic violence case has many benefits besides the cost. more about Domestic Violence cases FELONY PROBATION COSTS Felony probation charges participants fees for supervision. The cost of felony probation is roughly $70/month, LEGAL FEES Legal fees vary substantially from case to case and lawyer to lawyer. The location of a case, seriousness of the charges, criminal history of the defendant, strength of evidence, prior success of the attorney and more can greatly affect the cost of representation. Additionally, cases that proceed to trial will generally have much higher fees due to the time and expense of taking cases to trial. The Loncar Law Firm proudly provides excellent service at fair prices throughout San Diego and Southern California. FINES Fines are the most obvious cost associated with a criminal conviction. The fines and court costs assessed for most criminal convictions are a small fraction of the total cost. Nonetheless, they can be pricy and you may be able to avoid a conviction or get lesser fines. Discuss this concern with your lawyer. COST OF LIBERTY RESTRICTIONS Probation, jail, prison, loss of driving privilege, community service, work-release, etc. are all liberty restrictions that can, among other things, affect your ability to earn a living. BAIL Bail is not required in every case. In theory, bail is meant to ensure the defendant's availability at court. In practice, judges and prosecutors like to use bail to coerce people into pleading guilty. If bail is set in your case, you can post a bond, or request an O.R. (own recognizance) release, or bail reduction. A bail reduction motion will typically require two-day notice, but bail can be lowered, making for a more affordable bond or cash bail. A criminal case can be very expensive. It is important to identify your most important goals in a criminal case, and fight to preserve what you need to. If you cannot afford to lose your license or suffer a criminal conviction, you cannot afford not to have a lawyer represent you in your case. Contact the Loncar Law Firm now for a Free Consultation. 619-550-4422
0 Comments
San Diego Criminal Lawyer Explains Common Defenses San Diego Criminal Lawyer
As a criminal defense attorney, many of the questions I get from clients relate to the possible defenses. My clients want to know what defenses I am going to use to fight the case. While each case is different, and will have different available defenses, this article provides a good baseline of the common defenses that might apply to criminal offenses. These defenses may be presented at trial, a preliminary hearing, in a motion to dismiss, or in plea negotiations.
This article provides an explanation of some of the most common defenses available in criminal defense cases in San Diego and other California counties. MISTAKEN IDENTITY Eyewitness testimony is inherently unreliable, but among the most trusted by juries. Even video footage, particularly from low-grade surveillance equipment, can be too blurry to really identify someone. In many San Diego criminal cases, it is not really in dispute that a crime took place, but the defense may be that the defendant was not the person who committed the crime. If, for example, someone robs a convenience store, and police later arrest someone who meets the description a few blocks away, the defense of mistaken identity would likely apply. The prosecution has the burden to prove that the defendant is in fact the person who committed the crime. They would try to establish this through eyewitness testimony, video footage, and circumstantial evidence like what the defendant had on his person when arrested. If a witness identifies the defendant in handcuffs, in the back of a police car, in court or under other suggestive circumstances, this must be emphasized to the judge and jury. Additionally, expert witnesses can testify to the problems in relying on eyewitness testimony. ALIBI If a defendant is being accused of committing a crime at a particular time and place, either due to a mistake of identity, a false accusation or another mistake of fact, establishing that the defendant was in fact somewhere else at the time the crime was committed might help to cast doubt on the prosecution's case. Years ago, it was difficult to establish an alibi and it was typically done through the use of an alibi witness. The alibi witness' testimony (especially if there is a family or friend relationship) can be dismissed by the jury. Today, however, we have the benefit of many technological advances for establishing an alibi. Video footage, use of a debit card, use of public transit, travel tickets, GPS in a smart phone and more can go to establish that a defendant is not guilty of the charged crime. FALSE ACCUSATIONS False accusations are more common than many may think. Unfortunately, there are many motivations to make a false accusation. Among the most common are false accusations in domestic violence and rape cases. False accusations may be used as leverage in divorce or child custody proceedings, for vengeance, or the true perpetrator of the crime may wish to deflect blame onto another person. Additionally, there is an immigration benefit to being the victim of a violent crime, leading many illegal immigrants to make false accusations of violence to benefit from a visa provided to such victims. Police, prosecutors, judges and even juries have a tendency to believe those who claim to be victims of a crime, and proving that an accusation is false can be difficult. It takes careful investigation, skilled cross-examination and effective presentation to the judge or jury. False accusations can be challenged by pointing out flaws and inconsistencies in the story, showing the complaining witness' bias or history of lies, and having the defendant or other witnesses testify to what really happened. If you have been falsely accused of a crime, you need a skilled criminal defense attorney to assert your innocence and defend you. SELF-DEFENSE Assault, battery, aggravated assault, assault on a peace officer, attempted murder, manslaughter, and even murder charges might be defensible under a theory of self-defense or defense of others. In order to successfully assert self-defense, it must be that the force used was reasonably necessary to prevent an imminent danger. This means that retribution ("getting even") for past violence, if it has stopped, does not qualify as self defense. This is true no matter how short a time has passed; the threat must be ongoing or imminent. Overly disproportionate violence will also not justify the acts on self-defense grounds. Self-defense must be carefully presented because it usually requires a defendant to testify admitting to violent acts that might otherwise be criminal. Consult with an experienced criminal defense attorney at The Loncar Law Firm to discuss your options.. ENTRAPMENT Entrapment is a topic that most people understand, but also one that police are trained to work around. The actual protection under the entrapment defense is pretty narrow. It is not enough that an officer merely solicit the criminal act, but the defense must show that they would not have otherwise committed the crime. Officers and prosecutors are careful to present a case where the officers' actions fall short of entrapment. Police will often attempt to give the defendant an "out" or question the defendant pre or post arrest to get admissions of similar past acts. This defense is common in prostitution and solicitation of prostitution cases, and sometimes in undercover drug sales operations. Your San Diego Criminal Lawyer can help to establish that the officer(s) crossed the line, getting an otherwise innocent person to commit a crime. This is a common, but counterproductive law enforcement tactic. NECESSITY AND DURESS The defense of necessity can be asserted where a crime was committed, but doing so was reasonably necessary to avoid a greater harm. One common example of this defense involves destruction of property in order to save someone. Duress is a little bit more complex, and is a defense available in cases where the defendant committed a crime because of threats from another person. A person might be threatened into serving helping with a crime (for example: as a look out ), or even threatened into a larger role in a crime/committing the offense alone. The defendant cannot rightfully be culpable under these circumstances, and it is important to fight any charges that result from necessity and duress. INSANITY DEFENSE The insanity defense is a difficult concept to understand. Many of the most dangerous, culpable criminals would be described as "insane" or "crazy" but the insanity defense is much more specific, not applying to just any person. Asserting the insanity defense in California, requires a showing of one of the following: (1) the defendant did not understand the true nature of the act, or (2) the defendant is not able to differentiate between right and wrong. In this way, people who suffer from mental illness to such a degree as to be unable to understand the consequences of their actions, or to understand why their actions are wrong may be able to assert insanity as a defense. If you or a loved one is facing a serious criminal charge and may be able to assert the insanity defense, it is important to have an intelligent, knowledgeable attorney on your side. Consult with a San Diego Criminal Defense Attorney now. VOLUNTARY AND INVOLUNTARY INTOXICATION Being drunk or under the influence of drugs by ones own volition (voluntary intoxication) is generally not available as a defense in criminal cases. The law reasons that one of the risks someone takes when choosing to use drugs or alcohol is that they will do something stupid or dangerous. Voluntary intoxication can, however, serve as a limited defense, showing a lack of specific intent in specific intent crimes. For example, burglary requires the intent to commit a crime at the time of entry, but trespass does not. If a person enters the wrong home by accident, while impaired, the voluntary intoxication does not excuse the criminal trespass, but would negate the intent element required to prove burglary. It is important to discuss all of the facts of your case with your attorney, including whether drugs or alcohol were involved. Being drugged without your knowledge (involuntary intoxication) provides a broader defense in many criminal cases. Involuntary intoxication is uncommon, but may be an excellent defense to a crime. REASONABLE DOUBT One of the hallmarks of our criminal justice system is the idea of proof beyond a reasonable doubt. Ultimately, the burden is on the government to prove the defendant's guilt. And it is a very high burden. Poking holes in the government's theory of the case is one of the most effective, and most common ways to fight a criminal case. The burden of proof beyond a reasonable doubt is the highest burden our courts employ, and this is because of how much is at stake. Still, juries are predisposed to make decisions based on a smaller burden. We are not wired to act only when reasonably certain, but it is important for your lawyer to get the jury to look at the case through the appropriate lens, and only to find you guilty if the government can prove each element of the crime(s) charged beyond a reasonable doubt. Even if the jurors believe that the defendant is probably guilty at the end of a trial, they must vote not guilty. It takes a very good lawyer to get the jury to understand this and actually apply it. IF YOU OR A LOVED ONE ARE FACING CRIMINAL CHARGES IN SAN DIEGO, YOU NEED A PASSIONATE, AGGRESSIVE AND KNOWLEDGEABLE CRIMINAL DEFENSE ATTORNEY TO ASSERT YOUR RIGHTS AND DEFENSES AND FIGHT FOR YOU IN COURT. CONTACT THE LONCAR LAW FIRM NOW FOR A FREE CONSULTATION. 619-550-4422 The information provided in this article is not meant to be a substitute for a case-specific evaluation of your defenses by a criminal defense attorney. It is important to understand the criminal justice process to make informed decision. Having an attorney on your side is very important. Feel free to contact our office anytime to discuss the details of your case, the possible and likely outcomes, and how to best go about fighting the case to help you. Speak to a passionate, aggressive and experienced San Diego Criminal Defense Attorney today. COMMON DUI DEFENSES: RISING B.A.C. MOUTH ALCOHOL PROBABLE CAUSE FOR STOP TESTING ACCURACY PROPER TESTING PROCEDURE DRIVING PATTERN FIELD SOBRIETY TESTS MEDICAL CONDITIONS
San Diego Criminal Defense Attorney Explains the California Criminal Justice Process
This article provides an overview of the California criminal justice process, particularly how courts in San Diego County deal with both felony and misdemeanor charges. The article is intended to give you a better understanding of the procedures and various stages of a criminal case in San Diego, including arrest, investigation, and court proceedings. The article is NOT, however, meant to serve as a substitute to representation by an experienced San Diego Criminal Defense Attorney. To be clear, it is important to have an attorney on your side, preferably as early as you know that you may face arrest, be under investigation or must appear in court. If you cannot afford an attorney, the court will appoint the public defender.
If you or a loved one has been arrested for a crime in San Diego, contact The Loncar Law Firm for a Free Consultation with a San Diego Criminal Defense Attorney and DUI Lawyer. 619-550-4422
This page provides a brief overview of the California criminal justice system. For specific information about different types of crimes, visit our PRACTICE AREAS page. Additionally, please take a look at our CASE RESULTS page for a snapshot of some of our firm's recent successes in criminal cases. CONTACT The Loncar Law Firm now for a Free Consultation.
This page does not address Federal law. More information about Federal Criminal Defense in San Diego.
San Diego Criminal Lawyer Explains Jail Alternatives
Of the many consequences that can follow criminal charges, spending time in custody (jail or prison) is the most dreaded. Being in jail can completely destroy people's lives, leading to lost wages, loss of job, deportation, and much more. Protecting your rights and interests in criminal proceedings are of the utmost importance. If you have been arrested or charged with a crime in San Diego, you can count on those crimes being aggressively prosecuted in court. Consult with a San Diego Criminal Defense Attorney to discuss the possibilities of avoiding a conviction. If a conviction cannot be avoided, there are numerous custody alternatives that might make the consequences of the conviction more livable. San Diego Criminal Defense Lawyer Nicholas Loncar is well-versed in the various defenses, motions, trial tactics, negotiating methods and custody alternatives.
AVOIDING A CONVICTION The best way to ensure that you do not do time in custody is to avoid a criminal conviction. A conviction of an infraction offense is punishable only by a fine, while misdemeanor and felony offenses are punishable by jail or prison time. It follows that if you are not convicted (by plea or by being proven guilty at trial), that you cannot be sentenced to serve any jail time. There is still the issue of pre-trial detention, where many people are kept in custody while fighting their cases. This is counter to the presumption of innocence, but it unfortunately commonplace in San Diego criminal cases. People who have not been proven guilty of a crime are often kept in custody until such time as (1) a judge grants an own recognizance ("O.R.") release, (2) the case is dismissed, (3) the person is acquitted, or (4) the person posts bail to remain out of custody. Having an experienced San Diego Criminal Defense Attorney argue on your behalf for O.R. or reduced bail can greatly improve your chances of being out of custody while fighting a criminal case. Consult with a lawyer about your rights, defenses, the possibility of avoiding a conviction, as well as how to best get out or remain out on your own recognizance or bail. Our office will make every effort to avoid a conviction, but it is also important to be protected in tough cases where custody may be a possibility. PROBATION IN LIEU OF JAIL OR PRISON A probation sentence can include up to a year in county jail time. The goal is, through effective plea negotiation with the court and the prosecution, to help you avoid custody time. If a case cannot be dismissed or won at trial, it is often best to have a deal for a probation term. Negotiating for no jail time, or as little jail time as the law permits in your case is ideal. Getting a grant of probation, particularly one with no jail time, will often require a strong showing to the court and/or prosecution that the defendant deserves an alternate sentence and should not be sentenced to jail for their offense. Having a knowledgeable, experienced San Diego Criminal Defense Attorney on your side is absolutely imperative. WORK RELEASE, WORK FURLOUGH AND COMMUNITY LABOR/COMMUNITY SERVICE Work release and work furlough are two different programs that appeal to different types of defendants. Work release involves an actual release from custody, whereby inmates earn custody credit by performing labor during the day (similar to community labor), and are able to sleep at home. This program is ideal for people who have the time to fit work release into their schedule, but still have obligations at home and cannot have their lives disrupted by continued incarceration. Conversely, work furlough is a program that allows defendants to go to work during the day, but return to custody to sleep in the jail. This allows defendants to keep their jobs in many circumstances, thus avoiding one of the worst consequences of doing time in jail. Community labor and community labor do not involve any actual custody; instead, they are usually conditions of probation and may be performed by defendants within the schedule set by the probation officer or court. ELECTRONIC MONITORING ("HOUSE ARREST") Also known as House Arrest , Electronic Monitoring is a favorable alternative to jail and offers defendants an opportunity to give up only a portion of their liberty, rather than be incarcerated in the county jail. Electronic monitoring involves wearing an ankle bracelet that monitors the wearers location. Typically, arrangements can be made for the wearer to go to work or school, so long as they are home by an appointed time. Discuss your eligibility for electronic monitoring with your attorney. REHAB OR SOBER LIVING IN LIEU OF JAIL OR PRISON Many drug crimes, DUI offenses (particularly repeat DUIs) and even theft crimes are deeply rooted in an underlying addiction problem. In these instances, jail may not provide the best sentencing options. Not only are drugs actually quite plentiful in jail, inmates are often not provided with much guidance in the form of substance abuse treatment; therefore, even those who do abstain from drug and alcohol use during their incarceration, have not been equipped with the education and motivation necessary to continue their sobriety upon release. Whether it makes the most sense to have the court order a defendant into rehab pre-trial, to enter rehab voluntarily, or work out a sentence where custody time can be served in a rehab or sober living facility, rehab will almost always be a better option for those suffering from addiction problems. If you or a loved one has been arrested or charged with a crime, avoiding jail time is likely among your chief concerns. Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a San Diego Criminal Defense Attorney to discuss your possible defenses as well as custody alternatives in the event that a conviction cannot be avoided. See Our Impressive Recent Case Results
San Diego DUI Lawyer Explains Proper DUI Investigation and Chemical Testing Procedures
There are many procedures in place to protect our rights and to (attempt to) ensure the accuracy of chemical testing, performed in bulk by county hospitals, police officers and crime labs. These procedures are defined by the constitution, department policies and complex statutes. Often, the employees who must abide by these guidelines do not understand what is required of them.
PROPER DUI INVESTIGATION PROCEDURES One of the most important functions of law enforcement is to avoid trampling on citizens' rights. While police do not usually see this as an important aspect of their jobs, the Constitution does. If properly presented by a skilled attorney, a violation of your rights might move a judge to dismiss your case or exclude certain evidence as a remedy. First, the police need a justification to initiate a traffic stop in most DUI investigations. In DUI checkpoint scenarios, it is important to note that citizen cooperation is not required. Motorists may make a legal turn to avoid a checkpoint, refuse to engage in a conversation with the officer and more. Police are not permitted to (but often do), follow drivers who legally avoid passing through a checkpoint. More information about challenging DUI stops Our courts have offered police very broad leeway in conducting DUI investigations, that would not be permissible in other criminal investigations. One example is the attachment of Miranda rights. As a general rule, when a suspect is not free to leave, they should be informed of their Miranda rights before questioning. This is not the case with DUI, as law enforcement officers will ask for detailed admissions about drinking, driving, medications, drug use and more before making an arrest they intended to make all along. Still, statements made once a suspect is in custody will be inadmissible if the officer failed to read the driver their rights. An arrest made without sufficient evidence, or even before there is sufficient evidence. Additionally, police must properly advise drivers of their rights and obligations under the law as it relates to submitting to a chemical test. Drivers may refuse the PAS test, but if arrested, must submit to either a blood or breath test. Failure to properly advise of these rights can lead to exclusion of a PAS result or negate a refusal allegation. DUI CHEMICAL TESTING PROCEDURES Most California DUI cases rely on one or more chemical test results of a driver's BAC. These tests can include breath, blood or urine (less common, and usually only in drug cases). The proper procedures for obtaining samples, storing samples, and performing laboratory tests on those samples are controlled by Title 17 of the California Code of Regulations. TITLE 17 AND BREATH ALCOHOL TESTING In breath test cases, no breath sample is stored. Nonetheless, Title 17 regulates how police are to administer breath tests. The most frequently discussed of these procedures is the "15 minute observation period" prior a a breath test. A police officer must continuously monitor the suspect for 15 minutes before administering breath tests. This procedure seeks to ensure that the suspect does not burp, vomit, eat, drink, or smoke, all of which can affect breath test results. In reality, the arresting officer will be busy driving, filling out paperwork, etc. at the same time that they claim to be monitoring the suspect. Your San Diego DUI lawyer can use the officer's testimony, other witness testimony and video footage to contradict the officer's claim that the monitoring was done properly. Additionally, Title 17 outlines how and how frequently breath, blood and urine testing devices must be calibrated to ensure their accuracy. Your DUI attorney will inspect the calibration logs for the testing device to ensure that the agency has complied with Title 17 regulations. TITLE 17 AND BLOOD ALCOHOL TESTING REGULATIONS One of the more common applications of this law in blood test DUI cases is with the storage and preservation of the blood sample. When the government takes a blood sample from a suspected impaired driver, it must properly preserve and retain an additional portion of blood and properly preserve the blood sample so as to make retesting possible. A San Diego DUI Lawyer can get a portion of the sample by requesting a "Blood-Split" order from the court. Once the "Blood-Split" is ordered, the government must turn over a portion of the sample to an independent laboratory chosen by the defense. The sample is can be retested for a more accurate reading of alcohol or drugs, and also tested for preservatives, the proper storage and the other requirements of Title 17. Any deviation from the strict standards of Title 17 can call into question all of the government's evidence in a DUI case. If the person performing the blood draw or blood test is unable to follow the instructions in Title 17, how can the results be trusted to provide proof beyond a reasonable doubt. Retesting a blood sample can also go to show certain medical defenses to DUI. DUI CASES WE HANDLE: FIRST DUI | DUI WITH A PRIOR | DRUG DUI | DMV HEARING | DUI W/ INJURY | FELONY DUI OTHER DUI DEFENSES: RISING B.A.C. | MOUTH ALCOHOL | PROBABLE CAUSE FOR STOP | MEDICAL CONDITIONS DRIVING PATTERN | CHEMICAL TEST ACCURACY | FIELD SOBRIETY TESTS If you or a loved one has been arrested and charged with DUI in San Diego County, contact us now for a Free Consultation with a San Diego DUI Lawyer. An experienced San Diego DUI Lawyer can assert the many defenses available in DUI cases and fight to keep your license and to keep your record clean. 619-550-4422
San Diego DUI Lawyer Explains Driving Pattern DefensesDoes Your Driving Prove Impairment?
Consistent with the narrative that drunk driving is unsafe, the presence of any traffic violation, swerving, unsafe lane changes, traffic collisions and more will draw law enforcement attention and also be an important part of the determination of whether someone was drunk. If a defendant is charged with driving under the influence, one of the most relevant factors in determining guilt is the driving pattern. In the same way that a driver may have to explain other (not related to drugs or alcohol) causes for any questionable driving, when the government alleges that someone has had too much to drink, the defense should demand evidence of bad driving. If the defendant is stopped for a registration violation, for example, the officers will not have observed any bad driving. Same with DUI checkpoints. Additionally, certain behavior which might trigger a traffic stop (e.g. speeding), may not reflect any drug or alcohol impairment.
HOW DO WE FIND EVIDENCE OF DRIVING Evidence can include police witness testimony, civilian witness testimony, video footage and more. Police officers will write a report, explaining the justification for their stop, investigating any accidents, in addition to the other aspects of the DUI investigation. A good defense attorney will use these police reports to lock an officer into certain statements and emphasize facts that benefit the defense. Additionally, many police cars (especially California Highway Patrol) are equipped with a dashcam, which will likely capture video footage of a defendant's driving. In the event that police video is unavailable or inadequate, it is also possible to use the subpoena power of the court to obtain surveillance footage from nearby ATMs, gas stations, fast food restaurants and other local businesses. This objective evidence may contradict the officer's recollection of the facts, calling into question not only the officer's testimony about driving, but also affects the officer's credibility relating to performance on the field sobriety tests, the odor of alcohol and more. WHAT IF I WAS STOPPED FOR NO REASON? The best use of evidence that your driving pattern was good would be to invalidate the traffic stop that lead to a DUI arrest. If the defense can show that the driving did not warrant a traffic stop (i.e. that the traffic stop violated the defendant's Fourth Amendment rights), then it may be possible to get the entire case thrown out. More about challenging a traffic stop USING DRIVING PATTERN AT TRIAL Using the evidence demonstrating good driving, and explaining other potential causes for any violations is key in a DUI trial. Ultimately a DUI jury wants to know: How was the defendant's driving? Using witness testimony (including the defendant and passengers), video footage and more, it can be possible to show that the defendant drove better than the officer tells it. Further, it may be possible to explain that a seeming violation or instance of poor driving was not at all related to alcohol. Some examples include distractions, obstructions in the road, and more. DUI CASES WE HANDLE: FIRST DUI | DUI WITH A PRIOR | DRUG DUI | DMV HEARING | DUI W/ INJURY | FELONY DUI OTHER DUI DEFENSES: RISING B.A.C. | MOUTH ALCOHOL | PROBABLE CAUSE FOR STOP | MEDICAL CONDITIONS PROPER TESTING PROCEDURE | CHEMICAL TEST ACCURACY | FIELD SOBRIETY TESTS If you or a loved one has been arrested and charged with DUI in San Diego, it is important to have skilled, knowledgeable representation on your side. An experienced San Diego DUI Lawyer can assert the many defenses available in DUI cases and fight to keep your license and to keep your record clean. Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a San Diego Criminal Defense Attorney and DUI Lawyer. 619-550-4422
San Diego DUI Lawyer Explains Testing Accuracy Defenses
One of the greatest obstacles to convincing a jury in a DUI trial is overcoming the overwhelming tendency of most Californians to believe in the accuracy of the government's chemical testing. This makes it necessary to educate the jury and make sure that they understand the numerous flaws that exist with the various methods police use to try to measure a driver's Blood Alcohol Concentration (BAC). A county crime lab is far from the sophisticated labs you might see on television, and unlikely to measure up to your high school chemistry classroom. This article examines some of the flaws in breath testing, blood testing and the preliminary alcohol screening. This defense is one of many available in DUI cases.
WHY WE CANNOT TRUST BREATH TESTS TO MEASURE BAC Breath technology is fundamentally flawed, to the point that even a perfectly designed an executed breath test device may not accurately reflect the amount of alcohol found in the blood. Understanding how a breathalyzer estimates BAC is fundamental to understanding how they are flawed, and why they should not be relied upon. Clearly, a breath test does not measure a driver's blood. In order to measure BAC, a breath alcohol test device actually measures air coming out of the body. In theory, these machines measure the alveolar air that contains only alcohol eliminated into the lungs, and the breath test device manufacturers have concluded that this number can be multiplied by 2100 and yield blood alcohol concentration. What the government doesn't want people to know is that 2100 is merely the average partition ratio. The relationship between a person's breath and blood alcohol is not consistent across the entire population. For example, Imagine you have ten equal-sized jars of coins. You count one of the jars and find that it contains $23.50. Would you expect your bank to accept your deposit of $235.00? Well the burden of proof beyond a reasonable doubt is very high. This estimate should not be enough to meet it. Recent alcohol consumption, mouth alcohol (exacerbated by dental work, mouth piercings and periodontal disease), and medical conditions like G.E.R.D. can further call into question the accuracy of a breath test. Since the breath devices are designed to measure the alveolar air, the presence of other alcohol (often not yet absorbed into the bloodstream), To convert a breath alcohol finding into a blood alcohol finding, breathalyzers multiply the amount of alcohol in the breath by 2100. Even if the tests are performed without human error, the presence of mouth alcohol is not affecting the tests and the machine has been properly calibrated, breath alcohol does not equal blood alcohol (nor is it consistently proportional). A person could be found guilty of DUI, simply for being different than the "average" person. WHAT ABOUT THE PRELIMINARY ALCOHOL SCREENING DEVICE The Preliminary Alcohol Screening ("P.A.S.") device that law enforcement officer use at the scene of a DUI investigation or DUI checkpoint utilizes a primitive fuel cell technology to attempt to gauge BAC. The P.A.S. test is even more susceptible to many of the flaws with breath testing discussed above. These results are not reliable enough to prove the BAC was above the legal limit in court, but can still be used by the defense to help establish a Rising BAC defense or question a later-performed test result. HOW TO DEFEND A BLOOD TEST DUI While blood alcohol tests are not subject to the "partition ratio" argument, there are flaws in the collection and testing of blood that can call the results into questions. The biggest problem with blood tests is that it often takes a long time to get a blood sample. California's DUI Laws punish driving while (at the same time) having a BAC above the legal limit. Alcohol continues to absorb into the blood stream for hours after alcohol consumption has stopped. Drivers who are on their way home from somewhere that they consumed alcohol, will likely have consumed alcoholic beverages that did not yet fully absorb into the blood stream at the time of driving. This means that the BAC of these drivers will continue to rise for over an hour after the stop. The blood test will most accurately reflect BAC at the time of the blood draw, which means less and less as time passes from the time of driving. Additionally, the San Diego County Crime Lab tests THOUSANDS of samples each year, doing so on primitive equipment that has been rejected for use by the pet food industry. There are very specific guidelines for the drawing, storage, chain of custody, preservation and testing of blood in a DUI case, and ways to call into doubt each and every step. The various categories of DUI charges: FIRST DUI | DUI WITH A PRIOR | DRUG DUI | DMV HEARING | DUI W/ INJURY | FELONY DUI Other DUI defenses include: RISING B.A.C. | MOUTH ALCOHOL | PROBABLE CAUSE FOR STOP | MEDICAL CONDITIONS PROPER TESTING PROCEDURE | DRIVING PATTERN | FIELD SOBRIETY TESTS (and nearly 50 more!) If you or a loved one is facing DUI charges in San Diego, it is important to understand the possible consequences, defenses and procedures for preserving your driving privilege and fighting the criminal charges in court. Contact us now for a Free Consultation with a San Diego DUI Lawyer. During your FREE consultation, we can discuss the detail of your traffic stop, arrest, field sobriety test, medical history and assessing the best defenses available to you. Getting started on your defense quickly is imperative, especially since you have only 10 days from the date of arrest to request a DMV hearing. 619-550-4422
Medical Condition Defenses to DUI San Diego DUI Lawyer
There are many medical conditions that can affect your San Diego DUI case. Certain medical conditions affect the reliability of chemical tests for blood alcohol, performance on field sobriety tests, speech, appearance, and even the driving pattern. Medical conditions which affect a person's ability to drive, may be used to justify a medical driver's license suspension, but can still provide a defense to DUI charges. This article provides an overview of some of the defenses available in DUI cases, but is no substitute for an in depth case analysis with an experienced San Diego DUI Lawyer.
MEDICAL CONDITIONS AND PERFORMANCE ON FIELD SOBRIETY TESTS During a DUI investigation, San Diego law enforcement officers will typically get the driver to submit to a series of field sobriety tests, in an attempt to gather evidence of impairment to strengthen a case for DUI. Injuries, stress, anxiety, and many illnesses can greatly affect ability to perform field sobriety tests. The walk and turn (heel to toe), one-leg stand and Romberg balance test can all be swayed by illness or injury. Another common field sobriety test is the Horizontal Gaze Nystagmus test, which looks for a lack of smooth pursuit in an eye tracking can also be affected by medical conditions. In DUI cases involving accidents, the accident may trigger certain injuries or stress that affects ability to perform field sobriety tests. Consult with your DUI Lawyer about any medical conditions and discuss what you remember about the field sobriety tests you were probably asked to perform during your DUI arrest. More about Field Sobriety Tests HOW CERTAIN MEDICAL CONDITIONS CAN AFFECT BAC TESTING Most DUI arrests will involve one or more chemical test. There is a preliminary alcohol screening ("PAS") breath test, station breathalyzer test, blood test, and less commonly urine test (for drugs). Breath tests are the most susceptible to accuracy problems, especially accuracy problems involving medical conditions. Dental work can cause the increased level of alcohol in the mouth, and thus lead to falsely high readings in breath tests. (More about More about Mouth Alcohol). Gastroesophageal reflux disease (GERD), acid reflux, or heartburn can also lead to falsely high BAC readings during breath tests. Since breath tests are intended to test alcohol coming from the lungs, regurgitation of any kind will cause unabsorbed alcohol from the stomach to read as alcohol in the breath, leading to inflated results. Additionally, diabetes is known to affect BAC tests in a number of ways, including the fact that diabetics produce endogenous alcohol that will read falsely high in a breath test. MEDICAL SYMPTOMS MISTAKEN FOR INTOXICATION During a DUI investigation, police officers look for signs of impairment in the form of physiological symptoms. Some of these physiological symptoms include redness in the face, red or watery eyes, slurred speech, walking or balance problems, naturally occurring horizontal gaze nystagmus and more. If you suffer from any medical conditions or just simply have certain traits that can be mistaken for drug or alcohol impairment, it might help in your San Diego DUI case. Consult with a San Diego DUI Lawyer to discuss your medical history (including dental work) and other defenses. ASSERTING YOUR MEDICAL DEFENSES IN A DUI CASE Effective representation in a DUI case involves a careful assessment of any and all medical conditions, physiological irregularities and more. Getting this information into evidence at trial or a motion hearing, and using it effectively during cross-examination of the arresting officer, cross-examination of the government's scientific expert, direct testimony of defense expert and persuasive argument to the jury. If you have any medical conditions that might affect your DUI case, it is imperative that you consult with a knowledgeable San Diego DUI Lawyer to discuss your medical condition(s) and other defenses. The various DUI charges San Diego DUI Lawyer Nicholas Loncar defense: FIRST DUI | DUI WITH A PRIOR | DRUG DUI | DMV HEARING | DUI W/ INJURY | FELONY DUI Other DUI defenses include: RISING B.A.C. | MOUTH ALCOHOL | PROBABLE CAUSE FOR STOP | TESTING ACCURACY PROPER TESTING PROCEDURE | DRIVING PATTERN | FIELD SOBRIETY TESTS If you or a loved one is facing DUI charges in San Diego, it is important to understand the possible consequences, defenses and procedures for preserving your driving privilege and fighting the criminal charges in court. Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a San Diego DUI Lawyer. During your consultation, we can discuss the detail of your traffic stop, arrest, field sobriety test, medical history and assessing the best defenses available to you. Getting started on your defense quickly is imperative, especially since you have only 10 days from the date of arrest to request a DMV hearing. CALL NOW 619-550-4422
San Diego Resisting Arrest LawyerResisting Arrest, Evading a Peace Officer, & Obstructing a Police Officer San Diego Criminal Defense Attorney
Criminal charges involving the alleged interference with police or the court process are harshly prosecuted in San Diego. Our government likes to impose its will and expects us to conform and submit. When an officer tries to pull someone over, not stopping will likely lead to evading arrest charges. Trying to stop a police officer from placing you in handcuffs will likely lead to resisting arrest charges. Even the slightest touch of a police officer can lead to an arrest and criminal charges for battery on a peace officer. Some related charges include refusing to testify, lying on the witness stand or dissuading another person from testifying. These are different, but similar in that they impede the criminal justice process.
SAN DIEGO RESISTING ARREST LAWYER Penal Code Section 148 makes it a crime to willfully resist, delay or otherwise obstruct a law enforcement officer or EMT in the performance of their duties, including, but not limited to making a lawful arrest. PC 148(a)(1) ("resisting arrest") is a misdemeanor, punishable by up to one year in county jail and a fine of up to $1000. Some defenses include that the arrest was not a lawful arrest, mistaken identity, that the defendant did not actually resist arrest (the officer is making a false accusation), that self-defense against excessive force justified the resistance displayed by the defendant, and more. Resisting arrest is a serious charge on its own, but often charged alongside other offenses (those that led to the arrest in the first place, as well as charges based on later discovered crimes or future conduct). A conviction for resisting arrest will show up during any future contact with law enforcement, making traffic stops and other dealings with the police much worse than they already are. Consult with an experienced San Diego criminal defenses attorney to discuss your case. SAN DIEGO BATTERY ON A PEACE OFFICER ATTORNEY Penal Code Section 243(b) makes it a crime to strike, push, punch, kick, spit at, slap or otherwise touch a police officer. Often charged alongside resisting arrest charges, battery on a peace officer charges are likely in situations involving the use of force to resist or evade arrest. If there is no injury to the officer, battery on a peace officer is a misdemeanor, punishable by up to a year in county jail. With great bodily injury ("GBI"), the charge is punishable by up to 4 years in prison. Some defenses include that the arrest was unlawful, that no force or touching took place, that the officer is lying, self defense to excessive force/unlawful arrest, lack of force (false accusation), and more. EVADING A PEACE OFFICER ATTORNEY - SAN DIEGO California Vehicle Code Section 2800.1 makes it a crime to willfully flee or attempt to flee from a police officer while driving a motor vehicle. VC 2800.1 is generally a misdemeanor absent certain aggravating factors, and is punsihable by up to a year in county jail. If the evading is considered "reckless" then the crime is a "wobbler" meaning that it may be charged as a misdemeanor or a felony, pursuant to VC 2800.2. Evading is deemed "reckless" when it involves a wonton and willful disregard for the safety of people or property. Some examples of recklessly evading include driving on the wrong side of the street/wrong way on a one-way street, driving on a sidewalk, committing repeated vehicle code violations, driving off road and more. VC 2800.2 is usually filed as a felony. VC 2800.3 covers evading causing injury or death. Fairly self-explanatory, when an act of evading is alleged to have lead to injury or death, the resulting crime is a "wobbler" punishable by up to seven years in prison with injury or ten years in prison if someone dies. In evading cases, the government must prove that the defendant had the specific intent to evade, that the officer was properly uniformed, that the officer properly signaled to the defendant to pull over, and that the defendant actually evaded an officer who was attempting to conduct an investigatory stop. Defenses include lack of specific intent (including lack of intent due to intoxication), false accusations, necessity (such as a need to get to the hospital), and more. Additional consequences can include a 30 day impound of the vehicle and loss of commercial driving privileges for one year (a very serious consequence for those who depend on their license for work). If you or a loved one has been arrested for a charge involving evading the police, contact a San Diego Criminal Defense Attorney to discuss your case, your defenses and to protect your rights and interests. OBSTRUCTING OR RESISTING EXECUTIVE OFFICERS The term "executive officer" is a broader term, applying to any employee charged with the responsibility of enforcing the law. Essentially, any action that affects a government employee's law enforcement duties will be deemed a crime. PC 69 applies to the use of force, threats or violence to resist or prevent an executive officer in the performance of his/her duties. Obstructing or resisting executive officers is a "wobbler" and is punishable as a misdemeanor or felony. As a felony, it is punishable by up to three years behind bars. If you or a loved one has been arrested and charged with resisting, obstructing or evading, contact the Law Offices of Nicholas Loncar now for a Free Consultation with a San Diego Criminal Defense Attorney. Police frequently lie or use excessive force, but it takes a skilled, experienced lawyer to show the court or jury that this is what happened. We can discuss your arrest and charges, your possible defenses and what to expect in court. If you want to fight the case against you, our office can get started right away to protect your rights and liberty. CALL NOW 619-550-4422
San Diego DUI Defenses: Bad traffic stopChallenging a Traffic Stop in Your San Diego DUI Case San Diego DUI Lawyer
In order to stop a motorist, officers must have observed a traffic violation or have reasonable suspicion of criminal activity. In order to place someone under arrest for DUI, the officer must have probable cause. If you know and understand your rights as they relate to a DUI investigation, you can go a long way in preventing these from happening. Some important steps in avoiding traffic stops are to keep your vehicle current with registration and maintenance. An outdated registration sticker, broken tail light, tinted windows, modified exhaust or obstructed license plate can justify an otherwise impermissible traffic stop. All of this before any bad driving is exhibited. While driving, it is important to mind the lines separating lanes of traffic and maintain the lane. All lane changes and turns should be signaled, and traffic signs must be closely observed. Speeding and swerving are the two main causes for traffic stops leading to DUI arrests. Additionally, with a greater emphasis on discouraging "distracted" driving, it is certainly wise to avoid using your phone or other electronic devices while operating a motor vehicle. In addition to being dangerous, this can draw negative attention from police, and justify a traffic stop.
After a traffic stop, a police officer has a long way to go before he or she can meet the probable cause burden needed for arrest. After the officer observes questionable driving, especially during late evening hours and on weekends, they will be on alert for possible drunk driving. Some of the signs they will look for are: (1) odor of alcohol (or marijuana), (2) flushed complexion, (3) bloodshot, watery eyes, and (4) slurred speech. The officer is making these observations before asking a driver to step out and comply with field sobriety tests, and often prior to any questions about alcohol or drugs. Drivers who have consumed safe levels of alcohol or other substances can protect themselves from arrest by taking note of what the officers are looking for and take steps to avoid showing these symptoms. Food and non-alcoholic beverages can mask the odors of alcohol, while hand-washing and changing clothes can eliminate burnt marijuana odors. In the event that an officer is suspicious of DUI, they will likely ask a driver to answer a series of questions and perform field sobriety tests. These steps are how the officer builds evidence against a driver. The officer has likely already determined in his/her mind that the driver is intoxicated. Asking questions about drinking and having you hop around like a game of Simon Says is NOT to determine whether you are impaired, but to . These are VOLUNTARY, and it is important that you do not give them the additional evidence they are fishing for. Not cooperating with a DUI investigation may render the evidence insufficient to justify an arrest. Without a PAS result, field sobriety tests or admissions of drinking, it may be argued that the officer did not have probable cause, especially if the driver drove carefully, did not smell of alcohol and did not exhibit bloodshot eyes or slurred speech. Nevertheless, many of these observations, on their own, can be explained by innocent conduct. For example, fatigue may cause bloodshot eyes or slurred speech and drinking a small amount of alcohol before driving (not against the law) can cause an odor of alcohol. CHALLENGING A TRAFFIC STOP In court, your lawyer can challenge a traffic stop by arguing that the officer lacked justification to stop you. Many times, there will be dashboard video from the patrol car, or even surveillance footage from nearby cameras. Every fast food restaurant, ATM, gas station, etc. will be equipped with cameras, and some of them may capture your good driving pattern, in contrast to the officer's claim that you violated a traffic law or swerved. While the government will not take the time to seek out such video footage, your experienced San Diego DUI Lawyer should consider looking for objective evidence that contradicts the officer's report. There is also some favorable case-law that DUI defense attorneys can use in a motion to suppress evidence (PC 1538.5 motion). For example, in US v. Colin, the courts determined that touching a dotted line, but not crossing it, does not justify a traffic stop. Discuss your stop with your attorney. If you believe that you were not driving in such a way to justify a traffic stop, your lawyer may be able to get the evidence excluded in court and your charges dismissed. This can be one of the most effective DUI defense strategies because it makes the whole case go away. This defense can also be asserted at a DMV hearing to protect your driver's license. CHALLENGING AN ARREST When there is a lawful traffic stop or a stop at a lawful DUI checkpoint, there may be an opportunity to get evidence thrown out by challenging the officer's ability to make a lawful arrest. The officer must have probable cause in order to place someone under arrest for DUI. The less evidence the officer has, the better the argument the defendant has to exclude any evidence found as a result of the arrest. Not exhibiting the symptoms of alcohol impairment discussed above is extremely important. Not cooperating with the DUI investigation by declining to answer questions, perform field sobriety tests, and declining to blow into the PAS device substantially limits the evidence that is available to a police officer and makes an arrest questionable, and possibly subject to suppression. OTHER COMMON DUI DEFENSES INCLUDE: Rising BAC, Mouth Alcohol, Medical Conditions, Field Sobriety Tests, Driving Pattern, Testing Accuracy and Did Police Follow Proper Procedure? TYPES OF DUI CASES WE HANDLE: FIRST DUI | DUI WITH A PRIOR | DRUG DUI | DMV HEARING | DUI W/ INJURY | FELONY DUI If you or a loved one has been arrested or charged with DUI in San Diego, you can expect aggressive prosecution by the San Diego City Attorney's Office or San Diego District Attorney's Office. DUI has become a major focal point of law enforcement agencies throughout the country, especially in California. San Diego drivers face 5 years of probation, fines of around $2000, DUI classes, loss of driver's license and a criminal conviction for a first offense. Subsequent offenses will carry mandatory jail time, longer alcohol classes, and longer driver's license suspensions. Whether you are being charged with a first time DUI, DUI with a prior, DUI drugs or felony DUI, our office can attack your case the right way and assert your best defenses to get you the best possible result. CALL NOW for a Free Consultation 619-550-4422
|