Recent Blog Posts in September 2009 |
| September 25, 2009 |
| Field Sobriety Tests: To Take Or Not To Take? |
| Posted By Virginia Landry |
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| When a person is stopped by law enforcement for
driving under the influence, the police officer will want to administer the standardized
field sobriety tests to determine whether or not the person is affected by alcohol. These tests are voluntary, therefore, you have the right to refuse to take these tests in California. Field sobriety tests are mental and physical coordination tests given roadside by a police officer to a person who is exhibiting signs of being under the influence of alcohol and/or drugs while operating a vehicle. Performing these exercises provides
evidence that the state can use against you later on in your
court case. You may politely refuse these tests but always remember to remain cordial, professional and calm when communicating to the police officer. Avoid having an attitude or being difficult as this can make things worse. Remember that even if you refuse to take these field sobriety tests, you may still be arrested. After arrest, you must take a chemical test to determine the alcohol content in your system or the penalties are significantly worse. Should you choose to take these tests, the Law Offices of
Virginia L. Landry are experts in
defending against these field sobriety tests. All attorneys at our office have completed the same training as law enforcement on the administration of these tests so we know when the officer has made mistakes. Their mistakes help us to exclude these tests from going in as evidence in your case. If you have been arrested for a DUI and need
legal advice and
representation, give our office a call at 949-585-7400 or visit us at
www.duiqueen.com or
www.orangecountycriminallaw.com. |
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| September 18, 2009 |
| Planning On Representing Yourself At the DMV For A DUI? Not Such A Good Idea |
| Posted By Virginia Landry |
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| Many times, people decide to represent themselves at their
DMV hearing and even in court when arrested for a DUI. A DMV hearing is also known as an
Administrative Per Se (APS) hearing. You certainly have the right to represent yourself should you choose to do so. However, this is generally not a good idea. In a
DUI case, it is necessary to analyze all facts and details of your case from a scientific and legal perspective. Legal and factual issues must to be raised in order to increase the success rate; knowledge of case law and statutes specific to DUI cases is crucial. Most people are not trained with the DUI knowledge it takes to effectively defend their own legal action. Sure, you may do some research in general, but unless you are formally educated in
DUI laws and procedures, you should think twice before handling your own DUI case. A DUI is a
crime; the
penalties are rigid and demanding both at the
DMV and in court. Our team at the Law Offices of
Virginia L. Landry will handle your case with the precision and care it takes to increase the chances of success in your DUI case. To schedule a
free consultation, call 949-585-7400 or visit us a
www.duiqueen.com. |
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| Continue reading "Planning On Representing Yourself At the DMV For A DUI? Not Such A Good Idea" » |
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| September 11, 2009 |
| DUI TIP: Time Is Of the Essence, Hire An Attorney and Make That Phone Call |
| Posted By Virginia Landry |
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When you are arrested for a
DUI in Orange County or
San Diego County, be aware that you should begin to take action to protect yourself immediately. First, you need experienced and effective legal counsel to represent you and defend your rights. Second, you only have ten calendar days to make a request with the DMV for an
Administrative Per Se (APS) hearing. This hearing allows you to challenge the suspension of your driver's license. Keep in mind that this hearing is separate from the
court proceedings. With the
DMV now being closed 3 days a month due to the statewide furlough and with our busy day to day lives, it is easy to let this time elapse.
Once the request for a hearing is made, you may ask for what is called a "stay" on your license and a temporary driver's license will be mailed to you. This means that your license will be valid until you receive the final written decision after the hearing. This information is important because when you are arrested, your
driver's license is confiscated by law enforcement and you are provided with a temporary driving permit that is valid for only 30 days. Currently,
APS hearings are being scheduled at least 30-45 days from the time the call is made. Therefore, your license may essentially be valid longer than the initial 30 day time period. If you fail to call the DMV within 10 days of your arrest, your driver's license will automatically be suspended after 30 days. However, if you win the DMV hearing, your
driving privileges will be reinstated. There is nothing to lose by making this phone call!
The Law Offices of
Virginia L. Landry offer a free consultation and if you choose to retain our services, we will make this phone call for you. You do not have to worry about time constraints, we do it all for you! For reliable and skilled
legal representation, give us a call at 949-585-7400 or visit us at
www.duiqueen.com.
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| Continue reading "DUI TIP: Time Is Of the Essence, Hire An Attorney and Make That Phone Call" » |
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| September 04, 2009 |
| Labor Day Weekend...A Busy Time for DUI Arrests |
| Posted By Virginia Landry |
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| Labor Day weekend is here again. Labor Day is the symbolic end of summer and means that it's time to go back to school. Unfortunately, it doesn't mean that
law enforcement will stop looking for drivers who are driving under the influence. On the contrary, the recent crackdown on DUI's will bring about the police searching fervently for drunk drivers. Whether you are celebrating Labor Day by attending a barbeque, going to a parade, or having a picnic, be sure to practice safety on the road. If you are
arrested for a DUI, call the
Law Offices of Virginia L. Landry and we will give you an overview of what you may be facing. Timing is everything in a DUI case and our experienced staff can help you through the
process. You will need a skilled
DUI attorney who will help you fight in your
defense. Check out our
proven track record of successfully representing clients at the
DMV and in court by visiting us at
www.duiqueen.com or call us at 949-585-7400. |
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