Drunk Driving Defense Practice Areas
Drunk driving defense lawyer Barry T. Simons is located in Laguna Beach, California. The California laws surrounding Drunk Driving and related traffic offenses are extensive. Orange County Drunk Driving lawyer Barry T. Simons has built his practice on defending those arrested and accused of Drunk Driving, or traffic-related crimes, and possesses the ability to provide aggressive DUI defense for clients involved in any of the following matters:
In the state of California, it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
In order to be convicted of Drunk Driving, the prosecution must prove that the defendant was driving or possessed actual physical control of a vehicle while under the influence of drugs or alcohol at the time of arrest. Evidence must show that the arresting officer had a reasonable, articulable suspicion for stopping or approaching the vehicle, or if stopped at a roadblock, that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution.
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their Blood Alcohol Content is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device are typical ways courts punish DUI offenders. In addition, a DUI conviction stays on a DMV record for at least 7 years; it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.
However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). If someone dies as a result of drunk driving, and the driver has a prior conviction for DUI, it is likely that he/she will be charged under an Implied Malice theory. Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10-years of the new charge.
DRIVING WITH A SUSPENDED LICENSE:
Driving with a suspended or revoked license in California is considered a crime and can result in heavy fines and possible jail time. At worst, it may be considered a felony and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI).
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.
OTHER CALIFORNIA TRAFFIC CRIMES:
Traffic crimes are specifically addressed in state statutes. There is an entire body of law that regulates the operation of motor vehicles on the streets and highways. The laws related to operating a vehicle can be difficult to interpret and apply. It is important to contact an experienced DUI defense lawyer if you have been charged with a Drunk Driving related traffic crime. To learn more about traffic related criminal charges, contact Southern California Drunk Driving Attorney Barry T. Simons.
If you or someone you know in Laguna Beach, California, or anywhere within the state of California needs the assistance or legal counsel of an experienced DUI lawyer, contact Attorney Barry T. Simons of the Law Office of Barry T. Simons today at 866-682-1504, or use the contact form provided on this site to schedule a free consultation with an expert Orange County DUI defense lawyer.