DUI DEFENSE

A competent Los Angeles DUI Lawyer will be able to raise a number of defenses to your LA drunk driving arrest.  Simply because a suspected Los Angeles Drunk Driver had a BAC of over .08% does not mean that there are no defenses.  While the prosecution has an infinite amount of resources at their fingertips, their case rests solely on four factors: the arresting officer’s police report, field sobriety tests, blood alcohol tests and any other police recording of the Los Angeles DUI arrest.  All four of these cornerstones can be rebutted by a knowledgeable Los Angeles DUI defense attorney.

Lack of Probable Cause in a Los Angeles DUI arrest

The Los Angeles arresting agency must fill out a police report regarding why a person was pulled over and arrested for a Los Angeles DUI.  In order to pull someone over the arresting agency must have a valid reason or probable cause.  Probable cause can arise in a number of different ways: violation of a vehicle code, driving so reckless as to give a reasonable person the assumption that the driver was under the influence of drugs or alcohol or a legal alcohol check point. 

The violation of the vehicle code, whether it is speeding, having an expired registration or any other offense must be observed by the officer.  This is essential to the District Attorney’s case in a Los Angeles DUI arrest.  If it can be shown that the arresting officer failed to have valid probable cause for pulling over a suspected Los Angeles drunk driver, the prosecution’s case cannot be upheld.

In addition, while there are some recognized patterns of suspected drunk driving such as weaving in and out of lanes or accelerating and breaking frequently, there are a number of circumstances that are not recognized as signs of intoxication.  For instance speeding is not recognized by the National Highway and Traffic Safety Administration as a sign of driving under the influence of alcohol.  If an arresting officer during a Los Angeles DUI arrest did not have a valid reason for a stop, the prosecution’s case will fail.

Finally, while drunk driving checkpoints or DUI roadblocks are legal in the Los Angeles area – they are under strict guidelines as to how to be done correctly.  Many officers violate these policies and effectively commit an illegal Los Angeles DUI arrest by not following procedure.  For instance, you must be allowed to avoid the DUI checkpoint by making a legal U-Turn or right turn prior to the drunk driving roadblock.  If the arresting agency does not observe any violations of unlawful behavior they do not have a valid reason to pull you over. 

The Law Offices of Jeff Voll is committed to staying ahead of the law and up-to-date on all California Supreme Court decisions regarding DUI arrests.  Mr. Voll will meticulously review your Los Angeles DUI case to make sure that every policy was followed correctly and that the arresting officer did not abuse any power or privilege in making the arrest.

Improper Field Sobriety Tests in a Los Angeles DUI case

Field Sobriety Tests are notorious for being inaccurate indicators of sobriety in Los Angeles DUI cases.  A number of defense arise is a LA drunk driving case even if the suspected drunk driver failed the field sobriety test.  First, it is important to know that you are not required to take any field sobriety tests after being pulled over for suspected Los Angeles drunk driving.  California has an implied consent law that requires all licensed California drivers to submit to a Blood Alcohol Test if they are suspected of drunk driving.  A field sobriety test is merely used by an officer to obtain probable cause or just reasoning to arrest somebody suspected of a Los Angeles DUI.  Failure is nearly guaranteed on Field Sobriety Tests since the tests score only what a suspected Los Angeles drunk driver does wrong and not on what they complete correct.  In addition the officers conducting the Field Sobriety Tests are often improperly trained, give poor instructions or fail to take into consideration pre-existing conditions that will affect the outcome of the tests.   

A qualified Los Angeles DUI Defense Attorney knows what issues to address if the officer has reported a failure of the Field Sobriety Tests.  Poor performance on a Field Sobriety Test resulting in a Los Angeles DUI arrest does not mean that the case is over.  The Law Offices of Jeff Voll are trained on what to look for if a Field Sobriety Test was conducted in a Los Angeles DUI arrest.

Inadequate Chemical Testing in a Los Angeles DUI case

While most people assume that a BAC of over .08% is the end of a case it is not necessarily true.  There are many defenses that arise against Blood Alcohol level chemical testing in a Los Angeles DUI case.  LA arresting agencies are required to provide adequate records of how Blood Alcohol testing equipment is maintained and serviced.  For a breath machine these are known as calibration records.  If a breathalyzer is not calibrated correctly it could result in an inadequate reading.  Furthermore, if a police officer fails to follow proper procedure in length between testing times or chain of custody for blood samples the evidence in your Los Angeles drunk driving case could be compromised and therefore inadmissible. 

The Law Offices of Jeff Voll know the proper procedure to follow when collecting blood alcohol concentration for a Los Angeles DUI arrest.  Jeff Voll is trained in the same fashion as the arresting agencies to ensure that his LA DUI clients have received the most accurate BAC readings.

Rising Defense in a Los Angeles Drunk Driving Case

While breath and blood samples are seen by the general public as a condemning piece of evidence in a Los Angeles Drunk Driving Case – they are not a guaranteed conviction.  Blood Alcohol testing is not an exact science since it does not indicate what a suspected Los Angeles drunk driver’s BAC was at the time they were driving.  If you do not take a chemical test until after you are detained for a Los Angeles DUI your blood alcohol may be higher than it was when you were actually driving.  This is known as a rising defense and can be raised by a professional toxicologist.  It is important to understand that if you are arrested for a L.A. DUI, the prosecutor must show that you were over the legal limit at the time of driving.  A skilled Los Angeles DUI Criminal Defense Lawyer will know to look at all the evidence in your case to determine whether a rising defense.  The Law Offices of Jeff Voll have successfully tried and won a number of cases involving a rising defense for a Los Angeles DUI arrest.

Video Recordings of a Los Angeles DUI Arrest

Recently, arresting agencies have started putting video recording devices on their vehicles and wearing microphones when doing a Los Angeles DUI arrest.  While the evidence collected from these devices may seem to lead to an automatic conviction in a Los Angeles drunk driving case, the opposite is often true.  By subpoenaing the records of the police officers during a Los Angeles DUI stop, a qualified LA DUI attorney can look for evidence in favor of the suspected drunk driver.  Videos often capture suspected L.A. drunk drivers performing well on field sobriety tests and may help to disprove probable cause.  In other cases, the video and tape recordings are too grainy to get significant evidence either way in a Los Angeles DUI arrest. 

The Law Offices of Jeff Voll is equipped with the latest technology to defend you in a Los Angeles DUI case.  Mr. Voll will do everything in his power to make sure that if there was no probable cause or if the recordings show a different story than the DUI police report – you will not be convicted of a Los Angeles DUI.

Failure to Read Miranda Rights in a Los Angeles DUI arrest

Just as seen on TV, if you are placed under arrest for a Los Angeles DUI you must be read your Miranda Rights.  This is not to say that prior to arrest for a L.A. DUI your Miranda Rights must be read.  If you have any doubts as to whether the arresting agency read your Miranda Rights to you during a Los Angeles DUI arrest it is best to contact a competent DUI criminal defense lawyer to determine if your constitutional rights were violated.  This could result in dropped charges on your L.A. DUI case.

Jeff Voll knows the law and knows your rights in a Los Angeles DUI arrest.  The arresting agencies must follow constitutionally mandated procedure during any LA drunk driving stop, failure to do so could result in getting the DUI charges dismissed.  If you feel that your rights were violated during a Los Angeles DUI arrest contact the Law Offices of Jeff Voll today for your free consultation.

No Driving Defense for a Los Angeles DUI arrest

Many defenses arise in a Los Angeles DUI arrest.  It may seem simple but the fact that you were not driving during the suspected Los Angeles drunk driving incident could result in a dismissal of the charges.  The California Vehicle Code states under section 23152(a) that it is unlawful to drive while intoxicated with alcohol and/or drugs and under section 23152(b) it is unlawful to drive with a blood alcohol level of over .08% BAC.  The operative word in both of these statutes is drive.  If you were pulled over on the side of the road prior to your Los Angeles DUI arrest you may have a no driving defense.  Every Los Angeles DUI case is different with unique circumstances that present different defenses.

The Law Offices of Jeff Voll offers a Los Angeles DUI Consultation to discuss your options after a L.A. Drunk Driving arrest.  Remember simply because your chemical DUI blood alcohol test came back over .08% does not mean that you are automatically guilty of driving under the influence.