urban survival guide€¦ · appearances and the dmv hearings will be time consuming, stressful and...

Urban Survival Guide:

Please Step Out of The Car

A Step by Step Guide Through The

Los Angeles DUI & DMV Process

MR DUI LA

Attorney Mark Rosenfeld

The Law Office of Mark Rosenfeld

800-9700-DUI (384) • MRDUILA.com

© 2014 The Law Office of Mark Rosenfeld, Esq. Page 2

The authoritative and simple step by step guide for

someone recently arrested for driving under the

influence. What to do, when to do it, and what to

expect. Learn how to protect your rights and your

good name.

ISBN number: 978-0-9894779-1-8

Every DUI case is unique, no outcome can be

guaranteed. The information in this book is for

general information only. Nothing should be taken as

legal advice for a specific case.

This information is not intended to create an

attorney-client relationship.


ABOUT THE AUTHOR:

Attorney Mark Rosenfeld

Mark “MR DUI LA” Rosenfeld is one of Beverly

Hills’ premiere criminal defense attorneys having

successfully defended clients in thousands of

cases from traffic violations to murder. Mr.

Rosenfeld focuses his practice on driving related

offenses in Los Angeles County. He is trained

and qualified to operate breath, blood and urine

testing instruments as well as trained as a Drug

Recognition Evaluator and is also qualified as a

Standardized Field Sobriety Test Instructor.

Attorney Rosenfeld is licensed to appear before all

the courts of California, Nevada and the U.S.

Supreme Court.

.


CHECKLIST:

Step 1: Write down what happened ............................ 5

Step 2: Do I need an attorney? ...................................... 8

Step 3: Request a DMV hearing within 10 days ....... 11

Step 4: Arraignment ..................................................... 13

Step 5: Additional Discovery ...................................... 15

Step 6: Pre-Trial Hearings ........................................... 16

Step 7: DMV Hearing (aka APS Hearing) ................. 18

Step 8: Trial or Plea Bargain ........................................ 20

Step 9: Typical penalties for a DUI ............................. 22

Step 10: Where to go from here....................................24


STEP 1

Write down what happened. Every question is important.

These questions will help guide you:

• Where did you start driving?

• Where were you stopped?

• What time were you stopped?

• Why were you stopped?

• Where were you going?

• Were you sick or injured?

• Were you under a doctor’s care?

• Have you had any surgery?

• Are you a diabetic or epileptic?

• Do you have any physical disabilities?

• When did you last sleep?

• How long did you sleep?

• When did you last eat?

• What did you eat?

• Were you the driver?

• Were there any passengers?

• Was there an accident?

• Did you drink?


• When did you drink, (start/stop)?

• What did you drink?

• Who was with you when your drank?

• Did you take any legal or illegal drugs?

• Do you wear glasses or contacts?

• Were you wearing glasses or contacts?

• Did you smell of alcohol?

• Did you have slurred speech?

• What was your attitude?

• What clothes did you wear?

• What happened when the officer came to the

car window?

• What happened when the officer got you out of

the car?

• What were the weather conditions?

• Did you do any Field Sobriety Tests?

• Where were the Field Sobriety Tests done?

• What times were the Field Sobriety Tests done?

• What Field Sobriety Tests did they ask you to

do?

• How did you do on the Field Sobriety Tests,

what were results?

• Did you do a breath test by the car?

• What car were you driving?


• Do you own the car?

• Was there anything wrong with the car?

• Did you do a breath test after arrest?

• Anything that would impact driving?

• How was the officer’s attitude?

• Were you searched?

• Were you read your "Miranda" warnings?

• How long were you held for at the Police

Station?


STEP 2

Do I need an attorney?

Yes, for many people arrested for a DUI this is their

first experience with the justice system. The

mandatory court

appearances and the DMV

hearings will be time

consuming, stressful and

difficult. Without an

attorney you would have to do everything yourself

and you would have nowhere to turn for answers to

your specific and individual questions. You do not

want to rely on the DMV or the prosecutor (the

people trying to find you guilty) to tell you what to

do or whether the deal, if any, they are offering is any

good.

If you need medical or dental work, you go to a

licensed doctor or dentist. If you need your car fixed,

you take it to a good mechanic. Having an attorney

is so important the Judge WILL NOT let you

represent yourself without signing paperwork

acknowledging it is a bad idea.


Should I get the Public Defender?

Having an attorney is so important that if you cannot

afford one the court will appoint one to represent

you. Many Public Defenders are good attorneys who

can help you out much better than trying to represent

yourself in court. Public Defenders are licensed

public attorneys who can defend you in court. A

Public Defender is much better than trying to

navigate the court system alone.

Although it is better to have a Public Defender then

no attorney, Public Defenders have several

limitations:

• Cannot help with the DMV • Often Overworked • Lack of accessibility • Lack of experience • Lack of choice of attorney • Can still cost money based

on income • Not available to everyone

Should I get a private DUI defense attorney?

A good DUI defense attorney can help in every case.

An experienced private attorney has spent the time to


learn not only the law and the court system but the

science behind DUIs today. A private attorney will

be available to help answer your questions, help fight

to save your driver’s license, and do the investigation

necessary to get the best possible result for you. An

experienced private attorney will know the judges,

prosecutors and even the police officers involved in

your case. In short, you often get what you pay for

and you want a DUI defense attorney who will give

you and your case the time that it deserves.

A private DUI defense attorney will make your life

easier. They will be able to help everything run

smoothly, be available by phone and email and keep

you informed, answer your questions and help get

the best possible outcome for your case.

A private attorney will be able to go to court for you.

In most cases your attorney can make all of the court

appearances for you and you do not have to miss

work, school or time with family.


STEP 3

Request a DMV Hearing within 10 day

If you have been stopped and arrested on suspicion

of DUI the police probably took your driver’s license.

If they took your license you have 10 days to request

a hearing with the DMV.

If you do not request a hearing (and a “stay”) your

license will automatically be suspended when the

temporary license runs out 30 days after your arrest.

If you do not request a hearing within 10 days, you

give up your right to a hearing and your license

automatically gets suspended 30 days after your

arrest.

IF YOU DO NOT WANT TO HIRE AN ATTORNEY RIGHT AWAY YOU SHOULD REQUEST YOUR OWN HEARING WITHIN THE 10 DAYS.

The number should be on the paperwork the police

gave you.

Do not listen to the DMV if they tell you that you

should not fight the case or that you do not need a


hearing. You do want and need a hearing. If they do

not want to give you a hearing demand a manager.


STEP 4

Arraignment

An ”arraignment" is the first court date where you

are told what the charges are against you. Usually

there are at least two charges;, Driving Under the

Influence and Driving Above the Legal Limit.

Your DUI Defense attorney will usually take time to

talk to the prosecutor about the case, get paperwork

(reports, record sheet, sworn statements, etc.), and

enter a plea of Not Guilty.

In addition to pleading Not Guilty your DUI Defense

attorney will get other items to which you are legally

entitled. It may be additional police or court

documents, a speedy trial, the denial of

enhancements or special allegations, suppressing or

throwing out evidence or even to getting an expert

appointed to help defend the case.

After the Not Guilty plea is entered the Judge will set

a new court date a few weeks later.

There may be an opportunity to settle your case at

the arraignment but it is usually not in your best


interest to settle so quickly without doing a thorough

investigation.


STEP 5

Additional Discovery

DUI cases cannot be properly defended without

discovery. Discovery is the process of collecting

information, documents, and other evidence that

could be used at a trial.

Your attorney should be diligent in tracking down

discovery or evidence that could help your case.

If it exists, your attorney should be able to get:

• Audio/Video • Photos • Calibration records • Maintenance records • Usage records • Radio logs • Dispatch records • Activity or arrest logs • Officer training records • Booking records, and more.

DUI cases are often won in the details. Your attorney

needs as much information about your case as

possible to get the best outcome possible.


STEP 6

Pre-Trial Hearing

A pre-trial hearing is not a trial. There are no

witnesses, evidence presented or jurors. A pre-trial is

an in-between stage where prosecutors, judges, and

defense attorneys meet to talk about the case.

It is a chance to discuss the strengths of our case and

the weaknesses in theirs. It is a time to exchange

documents and case information.

Your attorney will work to negotiate a deal (i.e., plea

bargain) on your behalf. If a deal is made, and you

approve, it is entered into court record and a case is

settled at this pre-trial stage.

Additional if the case is not settled, discovery may be

requested including blood re-analysis, supporting

calibration records, or even officer personnel records

depending on the case.

Legal motions can also be argued at a pre-trial

hearing. Motions can be used to force the prosecutor

to produce evidence, exclude evidence, show the

officer is untrustworthy or even dismiss the case.


Depending on the case you may have only a few pre-

trial hearings or there may be many over several

months. Usually they are spread out with a few

weeks between hearings to allow your attorney to

fully investigate your case.


STEP 7

DMV Hearing (aka APS Hearing)

The DMV hearing also known as an APS hearing, is

where a DMV Hearing Officer (not a judge or

attorney) holds a hearing or meeting that was

requested back in Step 3. The DMV is trying to

decide if your driver’s license should be suspended.

This hearing is done at the same time as the court

case, but has very little or nothing to do with what

happens in court.

The DMV is concerned with three issues:

1. Was there reasonable cause to believe you were DUI?

2. Were you lawfully arrested? 3. Were you driving with a 0.08%

Blood Alcohol Content or more?

After this hearing, the DMV Hearing Officer will

make a decision and you will be notified by mail with

the decision.

The Hearing Officer will decide if, and for how long,

the license should be suspended.


If the license is suspended there will be a hard

suspension period (no driving at all) and then a way

to get it back early in most cases. To get it back there

are special requirements including insurance, fees,

classes and more.


STEP 8

Trial or Plea Bargain

Once the pre-trial process is completed it is time to

decide if your case should be settled (plea bargained)

or if the case should go to trial.

Depending on the specific facts and circumstances of

your situation you may decide to take a deal. With a

deal you would know exactly

what the charges and

punishment would be and what

you would have to do as part of

the deal.

If a deal is not reached your case

would go to trial with a jury of 12 people chosen

from the community. All 12 people would have to

agree guilty or not guilty. If they cannot all agree a

mistrial would be declared and the case may be

retried.

If the case goes to trial the police officer would come

to court to testify as well as expert witnesses

including forensic specialists to talk about blood or

breath testing, field sobriety tests and your case.


A trial should last between three and six days

depending on the courthouse and number of

witnesses.

If the jury finds you "not guilty" you are free. If they

find you "guilty" a judge chooses the penalties.


STEP 9

Typical Penalties for a DUI

If you are convicted of a DUI, by a plea bargain or by

a jury, there are mandatory

minimum penalties

required by state law. The

way to get around the

minimum penalties is to

avoid the DUI conviction

by pleading to a different, lower, charge or winning

the case at trial.

The minimum penalties on a 1st time DUI include:

• Probation • Fines • Alcohol classes • License suspension • Permanent Criminal Record

Another large concern in some counties (like Los

Angeles) is if you are convicted of a DUI you have to

install an ignition interlock device or IID (breath

testing instrument) on your car. IID's are costly and

are in plane site for anyone to see.


The judge can also order you to do 12 step meetings,

not drive with any alcohol in your body, hard labor

such as picking up trash, all the way up to six months

in county jail. Even on a first time DUI.

Other facts like a DUI refusal or excessive speed

require mandatory jail time even on a first time DUI.

On a 2nd or 3rd time DUI the punishment gets much

stiffer and jail is required.


STEP 10

Where to go from here

As you can see, if you have been charged with a DUI

it has serious criminal and DMV consequences that

can affect you for years to come. You have made a

smart choice to do some research into what a DUI

case involves. You should take the next step and call

a local DUI defense attorney who knows how to

protect you, your rights and your good name.

When looking for the best attorney for you consider

the following:

• Referral • Reputation • Experience • Specialty area • Trial skills • Training • Knowledge • Ratings (AVVO.com) • Reviews (Yelp.com) • Location • Scope of what is covered • Price


A good DUI defense attorney should be able to not

only protect your rights and fight for you but save

you money and headaches along the way. However,

it is important to remember that if you are shopping

for an attorney based on price alone… it may end up

costing you a lot more in the long run. Good lawyers

are not cheap and cheap lawyers are usually not very

good.

Time is running out and early action will help you

and your case. Call an expert DUI defense attorney

today.

urban survival guide€¦ · appearances and the dmv hearings will be time consuming, stressful and...

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