If you were arrested for driving under the influence (DUI) of alcohol, drugs or prescriptions, or a combination of them, David Pflaum is a skilled Oceanside DUI lawyer with 30 years of experience to get the right results.
Don’t think that just because you got arrested for a DUI that your only option is to plead guilty, go to jail, pay a large fine, attend alcohol school, lose your license, and ruin your record.
You have constitutional rights. Let an experienced criminal defense lawyer like Mr. Pflaum fight for your rights and make a difference in the outcome of your legal matter.
Get Out Of Jail. Most people arrested for a first time allegation of driving under the influence in violation of VC23152(a)/VC23152(b) are put in jail. Bail is set at $2500.
There are several ways attorney Pflaum helps a client 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 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.
Here are some important areas attorney Pflaum examines to help you win your DUI case.
OCEANSIDE DUI LAWYER STRATEGIES
The Oceanside DUI lawyer has expertise litigating cases prior to trial.
The following area are important ways to successfully defend a charge of driving under the influence.
Defense Strategies. Some of the most effective defense strategies to rely on are the following.
- No proof of driving
- 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
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.
WINNING YOUR CASE DURING THE COURT PROCESS
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, the evidence seized by the police and other evidence that may be applicable, he appears in court to negotiate a plea bargain with the prosecution and the judge.
In many cases the client will never have to go to court. Mr. Pflaum does all the work on behalf of the client.
A plea bargain is an offer to eliminate or reduce the charges, avoid or minimize the amount of time in 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 attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, the medical records, 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.
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.
Jury Trial. Defenses at trial depend upon the evidence, witness statements, police officer testimony, expert witness testimony, blood test results, breath test results, admissions or statements made by the accused during the investigation, patrol car video tapes, and body worn cameras.
Attorney Pflaum has extensive experience at preparing cases for trial, presenting excellent opening statements and closing arguments, and winning.
Mr. Pflaum understands the needs of his clients charged with a DUI. He has decades of experience making a positive difference for them in the outcome of their cases.
Click on the words results or testimonials to learn more about how well the Oceanside DUI lawyer defends charges of driving under the influence of alcohol and/or drugs.
Contact the Law Offices of David Pflaum today to review your case
(760) 806-4333
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 – National City – Santee – Mission Hills – Bonita – Point Loma