Question: Should I get a lawyer when I am being charged with trespassing for crossing over my neighbors property in Encino, CA?
Answer: This does not sound like a serious case, but you should contact an attorney to discuss in more detail in an effort to get charges dismissed or reduced to an infraction…. From what you wrote, I would be shooting for a complete dismissal. Keep in mind there may be a lot more in the... Read More
Question: What are my chances of reducing a DUI to Dry Reckless in San Fernando Court? My BAC was .088
Answer: It is possible to get your charge reduced to a Dry Reckless or similar charge (Exhibition of Speed). I would need to know more about your case. Based on the 3 digit readout, I am guessing the .088 was from a breath test on the field. Was there a 2nd result, and if so,... Read More
A recent example where a DUI charge was dismissed based on a Suppression Motion
Re: People v. Peter Lance, November 15, 2011- DUI case dismissed The Honorable Brian Hill, Judge of the Santa Barbara County Superior Court, granted a motion to suppress evidence in the case against Peter Lance for driving under the influence of alcohol (DUI). The granting of a motion to suppress under these circumstances means that... Read More
Question: Can the Van Nuys DMV suspend my license for DUI if the charges were DUI charges were dropped? The DUI criminal case was in San Fernando, CA, but the DMV hearing for DUI was in Van Nuys.
Answer: Yes, dmv hearing is seperate from any criminal matter in a dui case. If you were arrested for DUI and had your DUI case initially set for San Fernando, CA, it would be the Van Nuys DMV that would handle suspension pertaining to an APS hearing based on the DUI arrest. Phil Hache, Criminal... Read More
Question: What is considered failing on a DUI field sobriety test? The DUI was by Van Nuys PD
Answer: As a general rule of thumb, every police report that I have looked at in DUI cases has shown issues on FST’s, even when the person performing them feels confident they did them well. Even if there are “clues” for the officer to determine that someone has alcohol in their system, these tests are... Read More
UNDERSTANDING THE DUI LAWS IN CALIFORNIA
Understanding DUI Laws in California
Question: Just charged with Petty Theft PC 484 charge in Van Nuys, CA for taking something from a store in Studio City, CA.. Will my informal probation for DUI be effected?
Answer: There is a possible probation violation issue. Was the 484 Petty Theft in the same jurisdiction as the past DUI conviction (ie, are they both in Van Nuys, CA)? I would recommend that you contact a Criminal Defense attorney privately to speak about your case in more detail. Call me at 818-336-1DUI if you... Read More