The skilled and well known criminal lawyer for felony DUI with over 25 years of experience, David Pflaum protects the rights of his clients and gets the best possible results for them.
Don’t think that just because you got arrested for a felony charge of driving under the influence of alcohol and/or drugs that your only option is to plead guilty, go to prison or jail, pay a large fine, attend an alcohol school, lose your license, and ruin your record.
You have constitutional rights. Let a skilled criminal lawyer like attorney Pflaum fight for your rights and make a difference in the outcome of your case.
HOW THE CRIMINAL LAWYER HELPS THE CLIENT GET OUT OF JAIL
When a client is in jail there are several ways attorney Pflaum helps him or her 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 depend 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.
The release of the client can be accomplished by posting bail right away. The advantage is that the accused is released the same day. The disadvantage is the bail bond may cost a lot of money that is not refundable.
The release of the client can also be accomplished at the first court date by requesting from the court a release from custody without posting bail, also called a release on the client’s “own recognizance.”
Click on the following words to learn more: get out of jail asap.
HOW THE CRIMINAL DEFENSE LAWYER HELPS DURING THE COURT PROCESS
Felony cases are typically resolved 95% of the time during the court process by way of a plea bargain.
A plea bargain is an agreement between the prosecutor, judge, defense lawyer and his client to eliminate or reduce the charges, avoid or minimize the amount of time in prison and jail, reduce the fines, and may allow for a modification to be built into the deal for even a better result upon successful completion of probation.
Defense Strengths. Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, the medical records, DNA, fingerprints, 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 attorney 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 attorney 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.
Once Mr. 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, reviewing the arrest reports, viewing diagrams of the area of arrest and detention, experts reports, crime lab analysis results, video and patrol car recordings, medical records, toxicology reports, and any other evidence that the police claim supports the charges, Mr. Pflaum appears in court with his client.
The defense attorney does his best to convince the District Attorney’s Office to reduce the felony to a misdemeanor and to reduce the penalties, including avoiding time in prison or jail, and saving the driver’s license.
If the plea bargain offer is accepted by the client and his defense attorney, the case then goes to the next court date for sentencing.
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.
Click here for more information: excellent plea bargains.
DEFENSE STRATEGIES FOR FELONY DRIVING UNDER THE INFLUENCE CASES
Here are some important areas attorney Pflaum examines to help you win your DUI case.
Did The Police Have A Valid Reason To Pull You Over. One important way to defend an accusation of a DUI is to determine whether the police had a valid reason to pull over your car.
If the California Highway Patrol is involved, there should be a video recording of the driver 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 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.
Jury Trial. If there is a dispute about the question of whether a person was driving under the influence in violation of the felony DUI law, sometimes the best option is to go to trial.
An experienced attorney knows how to prepare witnesses for 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
MORE INFORMATION ABOUT DEFENDING A FELONY DUI
A felony charge for driving under the influence of alcohol/drugs arises when a driver causes injury to another person after having consumed alcohol, medications, a drug, or a combination of them.
Vehicle Code sections 23153(a) and 23153(b) are the applicable provisions that apply to felony driving under the influence charges.
Vehicle Code sections 23153(a)(b) may also be charged as a misdemeanor.
If the injury to another person is serious, the police and the prosecution may add sentencing enhancements under Penal Code 667.5 and 1192.7 that elevate the felony DUI to a “violent” or a “serious” felony, also known as a “strike.”
A person may also be charged with a felony violation if he or she has three or more prior convictions for driving under the influence of alcohol or drugs.
All people arrested for violation of Vehicle Code sections 23153(a)(b) are arrested, unless the accused is in the hospital.
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
- Which cause 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
THE GREAT BODILY INJURY ENHANCEMENT
In the most serious cases of felony DUI, the prosecution will allege that the driver caused great bodily injury to another that was ‘substantial.’
This typically includes serious injury that caused the victim to be hospitalized.
The prosecution will charge the accused with additional penalties, called ‘sentencing enhancements’ which cause the felony DUI to be elevated to a serious felony and/or violent felony. These are commonly called “strikes.” (see Penal Code section 1192.7 and section 667.5).
A felony DUI that is also a strike may result in additional punishment in prison, including 3 years for each victim suffering great bodily injury.
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 – Rancho Bernardo – Rancho Santa Fe – Poway – Hillcrest – North Park – Ramona – Mission Hills – Point Loma – La Mesa – Valley Center – Bonsall – Mira Mesa – Miramar – Imperial Beach – North County – South Bay – Valley Center – Bonsall – Spring Valley – La Jolla – Ocean Beach – La Jolla