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David Pflaum
The Right Defender
Makes The Difference

760-806-4333

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Our Clients Opinions

1. Best lawyer in San Diego.
David wasn’t just a lawyer doing his job, he was a mentor along the process. I thank him for all his hard work.
No one else could have won my case like he did. (m.c)
2. David Pflaum diligently, effectively and successfully represented me and my family in a very serious TRO.
Mr. Pflaum was very generous with his time and legal expertise.
In court his legal skills stood out as he outmaneuvered the other lawyer and graciously addressed the judge.
I highly recommend him. (s.b.)
3. I have worked for the superior court for over 30 years and known David for the past 16 years.
He will shield you from failure or harm if the case is not worth risking in trial and instead work tenaciously and effectively to get you the best of deals.
He is kind, compassionate and dedicated. (s.s.).
4. Attorney David Pflaum is in fact the right defender.
I was looking at a lot of time and charges when I was arrested. Mr. Pflaum took care of that for me from the very start.
I knew I had the right lawyer due to his never ending efforts to fight for not just a good deal, but for my freedom as well.
Mr. Pflaum is the best attorney in the business.
His actions speak louder than words. (c.t)

*The descriptions of results do not provide a guarantee about the outcome of a case.  Attorney Pflaum does his very best for each client.

A Skilled Criminal Attorney For DUI Causing Injury Defense

dui lawyer

The effective criminal attorney for DUI causing injury aggressively defends his clients to get the right results.

Just because a person was arrested for a DUI causing injury does not mean that he or she is guilty.

The skilled criminal attorney for DUI causing injury David Pflaum makes a difference for his clients.

Criminal Attorney For DUI Causing Injury

IMPORTANT INFORMATION ABOUT A DUI CAUSING INJURY

A DUI causing injury arises when a driver of a vehicle is involved in an accident that causes substantial physical injury to another while the driver is under the influence of alcohol or drugs or both.

Felony.  Driving while under the influence and causing injury to another results in a felony DUI.  Punishment may range from probation to three years in prison (Vehicle Code section 23153).

If the injury to another resulted in great bodily injury, the prosecution may add sentencing enhancements under Penal Code 667.5 and 1192.7 that elevate the felony DUI to a violent and serious felony DUI that may add three years of additional punishment (Penal Code section 12022.7).

Misdemeanor.  In some cases the injury to another turns out to not be very serious.  As a result the case may be reduced to a misdemeanor punishable by up to one year in jail.

Factors. Some of the most common factors that the police and the prosecution will look at to determine whether the DUI is a felony or misdemeanor are the following.

  • The extent of injury
  • Blood alcohol content of the driver
  • Drug content in the driver’s blood
  • The cause of the accident
  • Was there an accident reconstruction
  • The driving pattern of the client
  • Statements made to the police by witnesses
  • Prior convictions for a DUI
  • Statements made by the client

Criminal Attorney For DUI Causing Injury

GET OUT OF JAIL

The procedures to get a person out of jail depend on the circumstances of the DUI case.

The judge may also consider the clients age, health, employment, and support from family members and friends.

Click on the following words to learn more: get out of jail asap.

Criminal Attorney For DUI Causing Injury

DEFENSE ATTORNEY STRATEGY

The professional defense begins immediately with a client consultation to learn about the detention and the arrest, and the clients background.

Next Mr. Pflaum analyzes the prosecution file that includes the police investigation reports and conclusions, witness statements, statements by the client, body-worn videos,  breath test results, blood test results, photos of damages, accident reconstruction reports, and medical records.

Defenses for a DUI causing injury depend upon the circumstance of the particular case and include the following.

  • The client did not cause the accident
  • The client did not violate any Vehicle Code
  • No mental or physical impairment
  • Rising blood alcohol
  • No warrant for a blood test
  • Faulty chemical testing
  • Insufficient evidence
  • Witness bias
  • No proof beyond a reasonable doubt
  • Violation of the right to remain silent
  • Coerced confession
  • Incomplete police investigation

Field Sobriety Tests.  Most experts agree that field sobriety tests are simply 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.

CRIMINAL ATTORNEY FOR DUI CAUSING INJURY

SKILLED RESOLUTION OF CASE

The determination of how and when to best resolve a case depends on whether the charge is a misdemeanor or felony.

Additionally the evidence that supposedly supports the prosecution case may change over time to the benefit of the defense.

Plea Bargain.  A plea bargain is a pretrial agreement between the prosecutor, judge, defense lawyer and his client that may eliminate or reduce the charges, and avoid or minimize the amount of time in prison.

Good plea bargains come about because attorney Pflaum presents favorable information about his client, develops the strengths of his client’s case, and weaknesses in the prosecution case, by carefully analyzing the accuracy of police reports conclusions, the victims medical records, blood and breath test results, witness interviews, and inconclusive or missing evidence.

Jury Trial. Some cases, depending upon the clients position and the evidence, may proceed to trial where Mr. Pflaum has substantial experience and success.

Determining the most effective trial strategy depends first on the quality of the law enforcement investigation, whether the client chooses to testify, accident reconstruction expert testimony, and the evidence available to the defense and prosecution.

Winning the trial begins by picking an excellent jury, making an effective opening statement, offering proper direct testimony, vigorously cross examining prosecution witnesses, and ending with a dynamic closing argument.

THE CRIMINAL ATTORNEY FOR DUI CAUSING INJURY DEDICATED TO JUSTICE

Call (760) 806-4333

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Recent Court Victories *

1.  Client charged with felony assault, spousal abuse and criminal threats. Bail was set at $200,000. 
Attorney Pflaum convinced the judge to reduce bail to $20,000 and to allow the client to return home. 
The case was hard fought. 
The results: dismissal of all charges but for one count of misdemeanor battery.

2.  Client charged with grand theft.  Mr. Pflaum presented substantial favorable information about the client to the district attorney. 

Charge reduced to a misdemeanor disturbing the peace.

3.  Client filed a request for a temporary restraining order (TRO) due to being humiliated and harassed by the respondent. 

Attorney Pflaum resolved the case.

Our client received attorney fees from the respondent, a written apology and an extension of the TRO.

4.  Client was charged with DUI of prescription drugs. 

The DUI was dismissed. Drivers license not suspended.

5.  Client charged with a hit and run.  We arranged to make payment of damages to the victim. 

Case dismissed.

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Premier San Diego Criminal Defense

San Diego Criminal Justice Lawyer David Pflaum serves his clients to get the best possible results.  And succeeds. Reach out to him for the service and legal representation that makes the difference from consultation to court.

The Right Defender is here.

The Law Office of David Pflaum
380 South Melrose Drive, Suite 305
Vista, CA 92081       (760) 806-4333

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