A top skilled Vista criminal defense attorney for DUI with over 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
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 usually set at $2500. Most people post bail right away and get out of jail. They are given a notice to appear in court at a future date.
If the client remains in custody, there are several Mr. Pflaum helps him or her get released from jail 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.
VISTA CRIMINAL DEFENSE ATTORNEY FOR DUI STRATEGIES
Attorney Pflaum meets extensively with his client in order to learn the details surrounding the detention and arrest, and clients general background.
Mr. Pflaum then analyzes the criminal file presented by the prosecution including breath and blood test results, the police investigation and reports, witness statements, 911 calls, video recordings from police body cameras and patrol units, in order to apply the best defense strategy.
The most common defenses that Mr. Pflaum may invoke to successfully defend his client for an accusation of driving under the influence of alcohol and/or drugs 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
- No corroboration by an independent witness
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Incomplete police testimony
DUI DEFENSE TACTICS
Other important areas of inquiry that Mr. Pflaum may utilize to defend the DUI case 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 you or 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 to prove that you performed well 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.
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.
RESOLUTION OF THE DUI IN VISTA
Jury Trial. Some cases, depending upon the client’s preference and the state of the evidence in the case, may proceed to jury trial.
Defenses at trial depend upon the witness statements, police officer investigation and testimony, expert witness testimony, blood and breath test results, admissions and 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 getting the best possible results.
Plea Bargains. 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.
A client is under no obligation to accept a plea bargain offer, but nearly all criminal prosecutions begin with the plea bargaining process.
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 VISTA CRIMINAL DEFENSE ATTORNEY FOR DUI
Mr. Pflaum understands the needs of his client charged with a DUI. He has the compassion and dedication that makes a difference for him or her.