If you were arrested for driving under the influence of alcohol, drugs, prescription medication, marijuana, or a combination of them, David Pflaum is the right DUI lawyer with over 25 years of expertise to defend you.
The accused has constitutional rights and remedies.
An experienced DUI lawyer like Mr. Pflaum makes a positive difference in the outcome of a DUI defense.
Get Out Of Jail. Most people arrested for a first time allegation of driving under the influence in violation of VC23152(a)/VC23152(b) are put in jail. Bail is set at $2500.
There are several ways attorney Pflaum helps a client get released from jail before the first court date or during the first court date at the arraignment.
The procedures to get a person out of custody depends on the circumstances of the alleged crime and the present status of the accused, i.e., ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references.
Click on the following words to learn more: get out of jail asap.
DUI LAWYER WINNING DEFENSE STRATEGIES
The right DUI lawyer in Vista has expertise litigating cases prior to trial. The following area are important ways to successfully defend a charge of driving under the influence.
The Detention. One important way to defend an accusation of a DUI is to determine whether the police had a valid reason to detain you or pull over your car.
If the California Highway Patrol is involved, there should be a mobile video audio recording system (“MVARS”) of the driver operating his or her vehicle before he or she was pulled over.
If you were arrested by another law enforcement agency, most of them now have body cameras that may be helpful in proving whether the field sobriety tests were done correctly, and that the accused was not under the influence of alcohol.
The vehicle and body camera video recordings can be very helpful to challenge the reason why the police stopped your car, or prolonged the detention of you longer than was necessary, or the performance on the field sobriety tests.
If a judge agrees that the police had no valid reason to stop your car, or that you performed well on the field sobriety tests, the case may be dismissed.
Sobriety Checkpoint. If you were stopped at a sobriety checkpoint, there are procedures the police must follow in order to obey the law. If the police did not follow the procedures, a judge may dismiss the case.
Field Sobriety Tests. The results of the field sobriety tests can vary from person to person. Most experts agree that field sobriety tests are coordination tests that do not significantly evaluate a person for sobriety.
The police almost always claim that a person “failed” the field sobriety tests, but there are numerous ways to show that a person performed them just fine and the person was not under the influence.
Alcohol Tests. There are three separate tests available to law enforcement: 1) a preliminary alcohol screening (“PAS”) device; 2) a intoxilizer; 3) a blood test.
The PAS test requires consent, and that the PAS operator have training and calibration logs for the device.
The intoxilizer machine is located at the jail and requires certifications and that the officer observed the client continuously for 15 minutes prior to giving a breath sample and that the machine was tested prior to and after the person gave a breath sample.
A blood test requires the consent of the person who was arrested or a warrant. The results of the sample are not available for 2-3 weeks, and may be retested by an independent forensic toxicologist.
Driving Pattern. The manner in which a person was driving is an important factor. If a person was pulled over for a minor equipment violation, or some other minor infraction, there are jury instructions that will help you possibly win your case.
DUI LAWYER EFFECTIVE DEFENSE OF CLIENTS IN COURT
Once lawyer Pflaum has the best information about the case, which includes the full background of his client, the client’s account of what caused the arrest, witness statements, and the evidence against the accused, he appears in court.
Criminal prosecutions always begin with the plea bargaining process, though a client is under no obligation to accept a plea bargain offer.
A plea bargain is an agreement between the defense lawyer, his client, the judge and the prosecutor to eliminate or reduce the original criminal charges, avoid or minimize the amount of time in prison or jail, and reduce the fines.
Defense Strengths. Good plea bargains come about because attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, the medical records, videos, photographs, tape recordings, 911 calls, forensic evidence, and witness interviews to develop the strengths of a case.
Evidence of Innocence. Some of the most effective defense strategies to rely on in order to achieve an excellent plea bargain are the following.
- No proof of driving
- Failure to identify the driver
- No impairment
- Rising blood alcohol
- No warrant for a blood test
- Faulty chemical testing
- No criminal intent
- Insufficient evidence
- No corroboration
- No witness identification
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Inconsistent police testimony
Prosecution Weaknesses. By the same process, the criminal defense attorney looks for and develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, discrepancies in the conduct of the investigating officers, missing or inconclusive evidence, videos that do not confirm the investigating officer’s account of the detention and arrest, and problems in the forensic evidence.
Effective Presentation. Attorney Pflaum then makes a persuasive presentation to the judge and prosecutor about the strengths of his client’s case, and weaknesses of the prosecution’s case, to achieve an excellent plea bargain for his client.
If the plea bargain offer is accepted by the client and his defense attorney, the case then proceeds to sentencing either immediately or at a future court date.
If the plea bargain is not accepted, then the client and the defense attorney continue to aggressively defend the case as it heads towards a trial.
Jury Trial. Defenses at trial depend upon the evidence, witness statements, police officer testimony, expert witness testimony, blood test results, breath test results, admissions or statements made by the accused during the investigation, patrol car video tapes, and body worn cameras.
Attorney Pflaum has extensive experience at preparing cases for trial, presenting excellent opening statements and closing arguments, and winning.
THE RIGHT DUI LAWYER FOR JUSTICE
Mr. Pflaum understands the needs of his clients charged with a DUI. He has decades of experience making a positive difference for them in the outcome of their cases.
Click on the words investigations, results, testimonials to learn more about the effective legal representation of a client charged with driving under the influence of alcohol, drugs, or a combination of them.
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