The right criminal defense lawyer for Vehicle Code 23153 has the expertise that makes the difference.
Just because a person was arrested for violation of CVC 23153, a felony DUI, does not mean that the person is guilty. The person has rights and remedies.
Criminal defense lawyer David Pflaum is The Right Defender who gets results.
Reach out to him and learn what he can do for you.
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A driver who causes an 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, 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.
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 with a future court date.
If the accused remains in custody there are several ways attorney Pflaum helps get him or her released from jail as soon as possible. Click here to learn more get out of jail asap.
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Attorney Pflaum meets with his client to learn the details surrounding the investigation, detention and arrest. It is also helpful to learn about the client including employment, professional licenses, education, training, military experience, and mental and physical health.
Mr. Pflaum analyzes the police reports, forensic blood or breath alcohol results, witness statements, 911 calls, video recordings from police body cameras and patrol units, in order to apply the best defense strategy.
These are defense to a felony DUI.
- 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
- No corroboration by an independent witness
- No witness identification of the accused
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
Another important way to defend an accusation of a DUI is to determine whether the police had a valid reason to detain pull you over.
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.
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.
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.
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Resolution of the case generally comes in one of two ways.
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 jail, and reduce the fines.
Good plea bargains come about because attorney Pflaum investigates the case, analyzes the police reports, the medical records, forensic evidence, and witness interviews to develop the strengths of the defense case.
Some cases may go to jury trial. Winning the trial requires an effective opening statement, examining witnesses to create reasonable doubt, and closing with a compelling argument for not guilty.
REACH OUT TO THE RIGHT DEFENDER FOR CRIMINAL DEFENSE
OF A VEHICLE CODE 23153
(760) 806-4333
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