San Diego DUI Information and Representation

Not only does the government have to have a lawful basis to stop, come in to contact with or detain you, but each roadside test has specific procedures that must be followed.

In fact, every step in the process has specific rules that must be complied with. When the officer fails to follow the necessary steps, or cannot articulate a legal justification for what they did, that can be used to have the charges against you reduced or your entire case thrown out of Court and DISMISSED without any penalty.

Before I became a lawyer I was arrested for a DUI in San Diego.

Without hiring a lawyer, I was able to have my Felony DUI reduced to a Non-Alcohol reckless driving charge (often referred to as a "dry reckless") resulting in only a $400.00 fine.

I successfully challenged my DUI arrest, but my "DUI experience" was unique in that I had already completed some of law school and knew:

= No one should go to court without representation.
= Everyone is presumed innocent.
= An experienced DUI lawyer can help.
= Anyone arrested the first time doesn't fully realize what is involved.

After speaking to family, friends, professors, etc. I interviewed lawyers - without revealing my level of knowledge. Ultimately I didn't hire a lawyer because those I interviewed generally only seemed to care about money.

Here is a list of things to consider:

= You are presumed innocent.
= Your knowledge is critical - the more you know and understand the better.
= Your attorney's knowledge is critical - the more science the better.
= Time is money.
= An experienced DUI lawyer can help you evaluate the strength of the known evidence, both for and against you.

My Recommendations:

= Don't delay.
= Research the science and procedures - with the exception of cases involving DNA, DUI cases are the most difficult cases in California to defend because of the science(s) involved.
= Call at least one DUI only lawyer (not assistant, case manager etc).
= Specifically ask for the lawyer who has his or her name on the website or advertisement.
= Make sure to ask how long your DUI lawyer has been practicing law.
= Ask if s/he takes cases other than DUI/DMV - if so then they probably don't understand the science.
= Ask your lawyer to explain Henry's Law and how it relates to your blood test (Hint: It doesn't).
= Consider as many different perspectives as you can so that you can make an informed decision on how to proceed.
= Be prepared to start getting junk mail from lawyers. Yes, there are lawyers who do this and they are tricky too - lookout for the fake magazines.
= Consider this: Some lawyers will go to outrageous lengths to get your money - don't believe everything you might read or hear.

For honest answers and professional representation aimed at resolving your situation, discreetly, without costing you a fortune call me. I am available 8am - 8pm, seven days a week to new and existing clients via mobile phone, 619-804-7223, because I know what it is like being in your position. (Night and weekend appointments are available)

NOTE:

Beware of advertisements in yellow pages under "A", or attorney or law firm ads that indicate expertise in numerous fields. Most large yellow page ads and other 'mailers' distributed by many "legal firms" are merely referral systems that do not actually practice law in San Diego, or at all; but rather they make a living referring cases to other lawyers on a percentage or flat fee basis. Do not take advice from such referral systems, and do not take advice from secretaries, paralegals, or any other attorney that does not specialize in DUI and DMV law. If an attorney does not tell you that you must contact DMV within 10 calendar days of your arrest, they are in malpractice, and probably know little else that will help you.

Consulting with a DUI attorney can help you decide how to proceed. Remember, the police and prosecutors are not looking to do you any favors. They simply want a guilty plea from you so that they can move on to the criminals.

Remember that just because you were arrested for DUI that doesn't automatically mean you will be convicted in court of DUI or that you will lose your driver's license. Right now, however, the most important thing you can do is to request a DMV hearing because you or your lawyer must request a hearing within the first TEN calendar days of your arrest.

Failure to contest the suspension, which is already in place, will result in your loss of license - no exceptions. For how long? That depends on a lot of different factors.

Speak to an experienced, aggressive, DUI attorney (not a case manager or assistant) who will fight for your rights, freedom and future. Call Michael Richmond at 619 804 7223.

But this is based on William Henry's scientific theory regarding the solubility of gases in liquids which was first published in 1803. Henry's law as it is now known as is a valid theory in a CLOSED system. However, your lungs are not a closed system otherwise you wouldn't be able to breath. Don't rely on what you have heard or have been told, you can defeat a breath test.
98% of all DUI cases DO NOT go to Trial. DUI charges can be successfully challenged.

What will the Calibration Logs, Police Reports, CAD (Computer Automated Dispatch) Reports and recordings reveal? What specific laws apply to your unique situation? A complete investigation into the circumstances surrounding your case can uncover the details needed to win your court case and save your license. Simply put the better the investigation into the specific facts of your case will reveal the detail needed to, again, support the more aggressive approach to defending DUI cases.

When considering a DUI lawyer seek someone with basic training on field sobriety testing, breath testing, anatomy, biology, etc. These topics, however, are not taught in law school so your attorney (either hired or a public defender) must gain this knowledge on his/her own. Every DUI case is a unique and complex web of laws and science that lawyers are not taught. This means that young attorneys, and lawyers who accept cases other than DUI, are at a disadvantage in your case.