A premier criminal defense attorney for a DUI in Vista with over 30 years of experience, David Pflaum aggressively defends his clients to get the right results.
Just because a person was arrested for driving under the influence does not mean that the person is guilty. The person has many constitutional rights and remedies.
An experienced criminal lawyer makes a difference in the outcome of a driving under the influence prosecution.
GET OUT OF JAIL
All people arrested for a first time allegation of driving under the influence in violation of Vehicle Code sections 23152(a) and 23152(b) are put in jail.
Bail is set at $2500. Most people post bail right away and get out of jail. They are then given a notice to appear in court at a future date.
If client remains in custody, Mr. Pflaum does his best to get the client released as soon as possible.
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.
STRATEGY OF THE CRIMINAL DEFENSE ATTORNEY FOR A DUI IN VISTA
Attorney Pflaum meets extensively with his client in order to learn the details surrounding the investigation, detention and arrest, and the client’s general background.
Mr. Pflaum next analyzes the criminal file presented by the prosecution including breath and blood test results, the police investigation and reports, witness statements, 911 calls, and video recordings from police body cameras and patrol units.
Defenses. The most common defenses that Mr. Pflaum may invoke to successfully defend his client for a DUI include the following.
- No proof of driving
- No legal impairment
- Rising blood alcohol
- No warrant for a blood test
- Faulty chemical testing
- Insufficient evidence to prove the case
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Incomplete police testimony
IMPORTANT DUI DEFENSE TACTICS
Tactics. Other important areas of inquiry that Mr. Pflaum may utilize to defend a DUI include the following.
The Detention. An important way to defend an accusation of a DUI is to determine whether the police had a valid reason to detain the driver.
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 a person was 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 a driver, prolonged the detention of you longer than was necessary, or to show that the driver performed well on the field sobriety tests.
If a judge agrees that the police had no valid reason to detain a driver, or the driver performed well on the field sobriety tests, the case may be dismissed.
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.
STRATEGIES TO RESOLVE THE DUI CASE
Jury Trial. Some cases, depending upon the client’s preference and the state of the evidence, may proceed to jury trial where Mr. Pflaum has had substantial experience and success.
Defenses at trial depend upon the circumstances of the case, witness statements, police officer investigation and testimony, expert witness testimony, blood and breath test results, patrol car video tapes, and body worn cameras.
Additional defenses and tactics are noted above in the “Defenses” and “Tactics” sections.
Plea Bargain. A plea bargain is a pretrial agreement between the defense lawyer, client, judge and prosecutor that may eliminate or reduce the original criminal charges, avoid or minimize the amount of time in jail, and reduce the fines.
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.
By the same process Mr. Pflaum 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 with the blood or breath results.
THE RIGHT CRIMINAL DEFENSE ATTORNEY FOR A DUI IN VISTA
Mr. Pflaum understands the needs of his client charged with a DUI. He has the dedication and expertise that makes a difference for him or her.