Drunk Driving, DUI, Los Angeles, Lawyer, Attorney, DWI,California, Reckless Driving, Hit and Run, Suspended License, DMV Hearing

Drunk Driving, DUI, Los Angeles, Lawyer, Attorney, DWI, California, Reckless Driving, Hit and Run, Suspended License, DMV Hearing

"Tireless enthusiasm and an aggressive approach to practicing law" Daily Journal, California Law Business, July 22, 1996, Profile of Jonas & Driscoll, L.L.P.

FIRST TIME DRUNK DRIVING OFFENSES

SECOND TIME DRUNK DRIVING OFFENSES

THIRD TIME DRUNK DRIVING OFFENSES

HIT AND RUN

DRUNK DRIVING WITH ACCIDENT

DRUNK DRIVING WITH INJURY TO ANOTHER

DRIVING ON A SUSPENDED LICENSE

RECKLESS DRIVING

Driving under the influence of alcohol is a violation of Vehicle Code Sections 23152(a) & (b). The maximum penalty if you are convicted of a first offense is six months in jail, a fine of $1000 (plus penalties and assessments), attend an alcohol/drug program and a six month license suspension imposed by the court.

The maximum penalty for a second drunk driving offense is 96 hours to one year in jail, a fine of $1000 (plus penalties and assessments), attend a 30 month alcohol/drug program, a 2 year license suspension, and installation of an interlocking device for up to 3 years.

The maximum penalty for a third drunk driving offense is 120 days to one year in jail, a fine of $1000 (plus penalties and assessments), attend an 18 month alcohol/drug program, and a 3 year license revocation.

Each case must be judged on its own merits but the following are just some of the examples of potential defenses for Drunk Driving Cases:

1. Statements made by the defendant may be suppressed if Miranda Warnings were not read prior to interrogation while the defendant was in custody.

2. It is not illegal to simply drink and drive. The prosecution must prove that your blood alcohol content exceeded .08 or that your level of intoxication rose to the level of driving under the influence (ie.the prosecution must demonstrate that your physical or mental abilities were impaired to such a degree that you no longer had the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence, under the same or similar circumstances.)

3. It is not enough to prove that a defendant was under the influence, the prosecution must prove the defendant was behind the wheel. Often times the arresting officers did not witness the driving and their independent witness is unavailable or unreliable.

4. An officer's failure to advise you of the consequences of refusing to take a breath or blood test, may affect the admissibility of the test results.

5. If the officer did not have probable cause for the initial stop, detention and arrest, evidence may be suppressed.

6. A variety of issues may be raised as to the body's absorption rate of alcohol which may prove that at the time of driving your blood alcohol content was below the legal limit but by the time you were tested it rose above the legal limit.

7. If a blood or urine sample was taken, a sample must be provided to the defense, if it was lost or not properly preserved there may be grounds for dismissal.

8. You have a right to a formal hearing in front of the DMV to contest your suspension. To have your hearing heard prior to the date the suspension goes into effect you must request your hearing within 10 days of your arrest.

2. If you are in custody be courteous and cooperative, the officers are taking notes and there may be a video camera observing you.

4. Don't discuss the case with others, they are potential witnesses against you.

REMEMBER THE BEST WAY TO AVOID A DRUNK DRIVING CONVICTION IS TO SIMPLY NOT DRINK AND DRIVE.

THE LAW FIRM OF JONAS & DRISCOLL has substantial experience in defending state and federal criminal cases. Jonas & Driscoll is consulted regularly by other attorneys for expert advice on criminal law issues. The firm has represented numerous individuals and companies including employees, attorneys, doctors, entertainers, police, law students, college students and juveniles.

Glen T. Jonas is the managing partner of Jonas & Driscoll. He has successfully defended numerous felonies and misdemeanors in both state and federal court.
    Mr. Jonas has written extensively on criminal law issues. His articles have been published by Los Angeles Lawyer Magazine and California Lawyer Magazine covering a wide variety of topics. Mr. Jonas has lectured on behalf of the Los Angeles County Bar Association regarding criminal law developments.
    Mr. Jonas received a certificate of recognition form the United States District Court for his distinguished service. In addition, he has been recognized twice by the F.A.M.E. Legal Clinic for donating his legal services to the indigent. He twice served as the Co-Chairman of the misdemeanor committee for the California Attorneys for Criminal Justice.
    Mr. Jonas graduated Magna Cum Laude from the University of California at Irvine, with a B.A. in Psychology. Mr. Jonas earned his Juris Doctor from Loyola Law School where he graduated on the Deans List. He is a member of Phi Beta Kappa and the National Honor Society in Psychology.

The Law Firm of
Jonas & Driscoll is recognized as a major contributor to the Los Angeles and California Legal Community.
The following is a list of articles and speaking engagements by the Mr. Jonas:

"Civil Compromise", Los Angeles Lawyer Magazine, September 1995, by Glen T. Jonas.

"In Defense of the Defense Bar", Los Angeles Lawyer Magazine, December 1995, by Glen T. Jonas

"Not Guilty by Reason of Insanity", California Lawyer Magazine, February 1998, by Glen T. Jonas

"The Right Against Self Incrimination", California Lawyer Magazine, July 1999, by Glen T. Jonas.

"Clearing Up a Criminal Record", California Lawyer Magazine, March 2000, by Glen T. Jonas

"Ethics in Criminal Defense", California Lawyer Magazine, January 2001, by Glen T. Jonas

"The Art of the Civil Compromise", speaking engagement to the Los Angeles County Bar, MCLE credit, May 1996, by Glen T. Jonas.

"Criminal Defense", speaking engagement, Southwestern Law School, October 1996, by Glen T. Jonas

"Ethics in Criminal Defense", speaking engagement, Santa Clara University School of Law, March 2001, by Glen T. Jonas

For an appointment or to ask a question call our offices at (213)683-2033. You may also contact Jonas & Driscoll by e-mail by clicking the e-mail icon to the left. For emergencies and the quickest response call our office and ask to speak with Glen T. Jonas. If Mr. Jonas is not available when you call, leave a message and he will return your call as quickly as possible.

DRUNK-DRIVING-ARREST