EXCESSIVE BLOOD ALCOHOL HEARING (.08)
There are 3 issues that must be met when the DMV is trying to take away your license.
Did the officer have reasonable suspicion to believe you were driving in violation of cvc 23152 or cvc 23153. This requires that the cop had reasonable suspicion to believe you were a) driving the vehicle and b) you were driving while over the limit. Many times the problem with the DMV's case will be that they use hearsay to show element (a) and the issue of whether or not you were driving can be shown under element (b).
Were you lawfuly arrested? This is required under cvc 23612(a) and Mercer v. DMV (1991) 53 Cal.3d 753. There are 2 elements to a lawful arrest; (a) was there reasonable suspicion for the stop (b) was there probable cause for the arrest. Whether or not the officer had reasonable suspicion for the stop will rest on the abundant consitutional case that support and define the 4th Amendment to the United States Constitution which is the guardian to our free liberties as an American. The officer must also establish that you were under the influence of alcohol prior to the arrest.
Element (a). The officer must observe a violation of the law. His observation will be tested objectively against the reasonable officer standard. This is the usually element where the officer's fail to follow the U.S. Constitution. When we see a violation of the 4th Amendment we make a challenge under Penal Code 1538.5. If the motion is granted by the court then an imaginary line in time is drawn and everything the officer observed or collected cannot come into evidence. If there is no evidence then there is no case.
Were you driving a motor vehicle while your blood alcohol level was over a .08%
Patrick J. Silva
Silva & Silva
Attorneys at Law
* 15 Years of Top Level DUI Experience!
* I Teach Other Lawyers DUI Defense!
* Well Known & Respected in the Courts!
I AM APPROVED BY THE STATE BAR OF CALIFORNIA TO TEACH OTHER LAWYERS HOW TO SPOT ISSUES ON A GAS CHROMATOGRAM IN A DUI CASE.
This is why I love what I do. In fact, I train other DUI lawyers how to defend dui cases. My success is based on hard work, the desire to be the best, and MOST importantly the DETAILS of your case. If you would like a "real" dui lawyer call 909-888-7992 See my ONLINE REVIEWS HERE.
Dui Lawyer San Bernardino, DUI Lawyer Riverside, DUI Lawyer Victorville, DUI Lawyer Rancho Cucamonga, DUI Lawyer Joshua Tree, DUI Lawyer Murrieta, DUI Lawyer Indio, DUI Lawyer Banning, DUI Lawyer Santa Ana, DUI Lawyer Fullerton, DUI Lawyer Harbor, DUI Lawyer Pomona, Aggressive DUI Lawyer, Drunk Driving Lawyer, Drunk Driving Defense Attorney, Hire a DUI Lawyer, Best DUI Lawyer, DUI Trial Lawyer.DMV Drivers License Lawyer, DUI Facts, DUI Criminal Law Attorney Dui Lawyer, Dui Lawyer Colton, Dui Lawyer Grand Terrace, Dui Lawyer Rialto,
Dui Lawyer Fontana, Dui Lawyer Highland, Dui Lawyer Redlands, Dui Lawyer Loma Linda, Dui Lawyer Bloomington, Dui Lawyer Upland, Dui Lawyer Ontario, Dui Lawyer Claremont, Dui Lawyer Big Bear, Dui Lawyer Apple Valley, Dui Lawyer Barstow, Dui Lawyer Moreno Valley, Dui Lawyer Hemet, Dui Lawyer San Jacinto, Dui Lawyer Beaumont, Dui Lawyer Palm Springs, Dui Lawyer Palm Desert, Dui Lawyer Corona, Dui Lawyer Norco, Dui Lawyer Lake Elsinore, Dui Lawyer Montclair, Dui Lawyer La Verne, Dui Lawyer San Dimas, Dui Lawyer Glendora, Dui Lawyer Valinda, Dui Lawyer Azusa, Dui Lawyer West Covina, Dui Lawyer Covina, Dui Lawyer Duarte, Dui Lawyer Monrovia,Dui Lawyer Pasadena, Dui Lawyer La Puente, Dui Lawyer Huntington Beach, Dui Newport Beach, Dui Lawyer Irvine, Dui Lawyer Anaheim, Dui Lawyer Orange, Dui Costa Mesa, Dui Lawyer Tustin, Dui Lawyer Garden Grove, Dui Lawyer Brea, Dui Lawyer Yorba Linda, Dui Lawyer Fountain Valley, Dui Lawyer Buena Park, Dui Lawyer Westminster, Dui Lawyer La Habra, Dui Lawyer Stanton, Dui Attorney San Bernardino, Dui Attorney Victorville, Dui Attorney Rancho Cucamonga, Dui Attorney Highland, Dui Attorney Redlands, Dui Attorney Colton, Dui Attorney Fontana, Dui Attorney Rialto, Dui Attorney Upland, Dui Attorney Ontario, Dui Attorney Claremont, Dui Attorney Apple Valley, Dui Attorney Big Bear, Dui Attorney Grand Terrace, Dui Attorney Riverside, Dui Attorney Joshua Tree, Dui Attorney Murrieta, Dui Attorney Indio, Dui Attorney Banning, Dui Attorney Beaumont, Dui Attorney Hemet, Dui Attorney San Jacinto, Dui Attorney Corona, Dui Attorney Norco, Dui Attorney Palm Springs, Dui Attorney Palm Desert, Dui Attorney Pomona, Dui Attorney Valinda, Dui Attorney Montclair, Dui Attorney Glendora, Dui Attorney San Dimas, Dui Attorney La Verne, Dui Attorney Azusa, Dui Attorney West Covina, Dui Attorney Covina, Dui Attorney Monrovia, Dui Attorney Pasadena, Dui Attorney City of Industry,Dui Attorney La Puente