A highly skilled criminal defense lawyer for Vehicle Code 23153 charges, Felony Driving Under The Influence, David Pflaum gets the best possible results for his clients.
A driver who causes injury to another person after having consumed alcohol, drugs, or a combination of them, may be arrested for a charge of driving under the influence (DUI) in violation of California Vehicle Code 23153.
If there was a serious injury to another during the course of the alleged DUI, the prosecution may add sentencing enhancements under Penal Code 667.5 and 1192.7 that elevates the felony DUI to a violent and serious felony.
A person with three prior convictions of DUI may also be charged with a felony DUI.
You have constitutional rights. Let a skilled criminal lawyer with over 25 years of experience like attorney Pflaum fight for your rights and make a difference in the outcome of your case.
HOW THE CRIMINAL DEFENSE LAWYER HELPS BEFORE COURT
Get Released: If you or someone you know has been arrested and put in jail for an accusation of DUI causing injury, the defense lawyer helps get the person released from jail immediately or during the first court date.
Click on the word “released” in blue above to learn more about getting out of jail.
Initial Consultation: The first thing the criminal defense lawyer does is meet with the client. During the initial consultation, the defense lawyer finds out what happened and learns everything he can about the case and the client’s present status and background.
HOW THE CRIMINAL ATTORNEY HELPS DURING THE COURT PROCESS
Plea Bargain: Normally the first step in the prosecution of a felony DUI is to get a plea bargain.
A plea bargain is an agreement between the client, the defense attorney, the prosecutor and the judge. The goal is to eliminate or reduce the charges, avoid time in jail, reduce the fines, and provide other favorable probationary terms for the client.
Defense Strengths: Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, diagrams the medical records, blood or breath alcohol results, videos, photographs, tape recordings, 911 calls, forensic evidence, witness interviews, and everything else associated with the case to develop the strengths of a case.
Prosecution Weaknesses: By the same process, the criminal defense lawyer 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, and problems in the forensic evidence.
Effective Presentation: The criminal defense lawyer 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 offer of a plea bargain is acceptable to the client and the criminal attorney, the case is resolved and proceeds to sentencing in accordance with the plea bargain.
If the plea bargain offer is not acceptable, the case continues through the court system for additional hearings and heads towards a trial.
Jury Trial: If there is a dispute about the question of whether you were driving under the influence, sometimes the best option is to go to trial.
An experienced criminal defense attorney knows how to prepare witnesses for jury trial, cross examine the police officer and the experts, and present a solid defense.
Defenses at trial depend upon the nature of the evidence, or the lack of evidence, but commonly include the following.
- No proof of driving
- The accused did not cause the accident
- The accused did not violate any law
- 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
- Incomplete investigation
MORE INFORMATION ABOUT DEFENDING A FELONY DUI
Proof: To prove a felony DUI causing injury, the prosecution must prove that the person arrested for driving under the influence:
- Drove a vehicle
- Drove a vehicle under the influence of alcohol, drugs, or both
- That while driving under the influence the driver committed an illegal act or neglected a legal duty
- Caused bodily injury to another person
Factors: Some of the most common factors that the police and the prosecution will look at to determine whether the DUI is a felony are the following.
- Was anyone injured
- What were the injuries
- What was the blood alcohol content of the driver
- Was there a toxicology test of the driver
- Did the toxicology test show the presence of drugs or medications
- What was the cause of the accident
- Was there an accident reconstruction
- What was the driving pattern of the accused
- Who is the accused
- What is the background of the accused
- What statements did the accused make to the police or witnesses
- Does the accused have prior convictions for DUI
Contact us today for a valuable legal consultation
Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – La Costa – Leucadia – La Jolla – Mission Beach – Imperial Beach – North Park – Hillcrest – Rancho Santa Fe – Poway – North County – South Bay – Coronado – Miramar – Scripps Ranch – Rancho Bernardo – Ramona – Mission Hills – Bonita – Valley Center – Bonsall