Monday, 13 May 2019

All You Need To Know About DUI Laws

Driving is always dangerous, even when you’re sober and fully aware. That’s why driving under the influence (DUI) laws exist. These laws prevent the driving or operating of a vehicle after consuming alcohol or impairing drugs, which put other users of the road at risk.

In Orange County, California, a person can be charged with a DUI if they are found to:

        Have a blood alcohol content (BAC) of 0.08% or more.

        Be under the influence of any drug.

        Any combination of the two.



Note that drugs include prescription medication as well.

While these laws serve as a necessary precaution for the general public, they are strict. In the State of California, being arrested under DUI charges could mean jail time, fines and the revoking of your driver’s license.

The penalties for each DUI offence can differ based on whether children were in the car, having an overly high BAC, a collision being involved or possible injuries and fatalities. Each subsequent DUI charge also means a more severe punishment than the last.

While most general cases of DUI are classified as misdemeanors, they still result in jail time and fines. If you’re convicted of a felony DUI, the penalties are far more severe. The 5th repeated DUI offence will automatically be considered a felony, as are DUI cases involving injury to another person.

What if I’m Charged With a DUI?


If you’re arrested for driving under the influence, you’ll be subject to the court system to determine whether you’re guilty or innocent. You’ll undergo two hearings, the Department of Motor Vehicles (DMV) hearing for your driver’s license and a court hearing for the criminal charge.

Pleading guilty might seem tempting, especially if it’s your first DUI offence, but having a criminal record is something you’d do well to avoid. You not only lose your driver’s licence, but you also run the risk of losing your job and livelihood. The court does allow you to represent yourself, but the ins and outs of court procedures can be daunting to the non-legally-trained public.

That’s where an experienced DUI lawyer comes in. DUI counsel are familiar with the intricacies of the legal system, and can assist you throughout your case. Even if you’re not sure about hiring a DUI attorney, most firms provide free case evaluations, letting you know how hiring a DUI attorney can help, whether by mitigating the penalties or by acting as a middleman between you and the prosecution.

Having a DUI lawyer means that you have a fighting chance, and you’ll always know what comes next. For example, most people might not realise that the DMV hearing needs to be held within 10 days of receiving the Notice of Suspension during the arrest. Having an attorney means you’ll always be well-informed, and never caught off guard.

Even if your license gets suspended after the DMV case, a DUI attorney will guide you through the process of applying for a restricted license or getting an ignition interlock device (IID) installed as soon as possible, ensuring you’ll still be able to drive with minimal limitations.


Contact Us

If you or your loved ones need professional legal DUI counsel, contact us at Miller & Associates for a free case consultation. Experience matters in the business, and we’re proud to say that our team has a long list of successful case results to back us up. We’ll fight for your rights, and do our best to get you the best possible results.

Monday, 29 April 2019

Facing An Orange County DUI Charge? You Need A Lawyer

Driving under the influence (DUI) in Orange County is risky. So if you’re facing DUI charges, it’s essential to have a lawyer appear in court on your behalf. Whether or not this is your first time, hiring DUI legal services are a necessary component of handling an Orange County DUI charge.


Why You Need An Orange County DUI Lawyer

Without proper legal representation, you’re minimizing your chances of having the best options available to you. Getting the best terms for bail, appropriate advice regarding how to take legal action, and understanding the chances of winning a suit are benefits you’ll have with a DUI lawyer on your side. It’s even possible for an attorney to argue for a warning or lesser penalty. In essence, you’re better prepared to handle everything appropriately when you have legal representation.

DUI lawyers in Orange County understands court procedures. As you go through the court process, you’ll need someone who knows these procedures to make court appearances and your defense. These cases can be long and complicated, involving scientific and legal defense statements. An expert in DUI law will also know the potential outcomes of your case, psychologically preparing you and helping you understand your options.

Having an experienced DUI lawyer especially helps when handling an unexpected arrest. Once you are at the police station, you’ll have a phone call you can use to contact your lawyer. The legal knowledge your DUI lawyer possesses will ensure police officers cannot take advantage of you as well.

Without a lawyer, you’re increasing your chances of receiving the following punishments:

First Time DUI In Orange County
If this is your first time getting a DUI in Orange County, you’re in luck. Those convicted generally receive 3 years of summary probation. The fines and penalties you’ll need to pay are around $2,000. You’ll also have to complete a 3-month drug/alcohol program.

If convicted, you’ll also need to complete a one-day MADD (Mothers Against Drunk Driving) course. Also, your California Driver License will be suspended for six months, although it’s possible to continue driving if you install an Ignition Interlock Device (IID) in your car.
Second Time DUI In Orange County
The punishments for an Orange County DUI is harsher for repeat offenders. You’ll have between 3 and 5 years of summary probation, as well as fines and penalties totaling at around $2,000.

Jail time is normal, with defendants serving between 96 hours and one year in the county jail. It’s actually quite common for a 2nd time DUI offender in Orange County to serve a sentence of 45 to 90 days in the county jail. At times, some defendants can receive home confinement or Caltrans instead.

This time around, you’ll have to complete an 18- to 30-month drug/alcohol program. You’re also more likely to receive additional duties assigned to you, such as attending AA classes or completing community service. An Orange County Judge might also demand you install an Ignition Interlock Device (IID) for one year.
Third Time DUI In Orange County
Your third DUI in this the county is even more intense. While you’ll still face 3 to 5 years of summary probation, the fines and penalties you’ll have to pay are around $2,800.

You’ll receive a minimum of 120 days in jail, but you could have to serve more time. It’s also mandatory for you to complete a 30-month drug/alcohol program. When all is said and done, you’ll also have to install an Ignition Interlock Device (IDD) in your vehicle for 2 years.

Monday, 8 April 2019

Why Should You Hire A Criminal Defense Lawyer For DUI Cases


Opinions are sharply divided regarding the need for a criminal defense lawyer in case of a possible DUI offense. There are many individuals who are of the opinion that it is possible to fight a DUI case without taking recourse to the services of Orange County criminal law lawyers. However, going by the track record and previous experience there are many reasons to believe that it is always a better decision to hire professional lawyers in fighting DUI cases. We are listing down some reasons as to why hiring a DUI criminal lawyer could be a good idea, rather than risking some unknown DIY steps.



Getting The Right Opinion

Once you have access to the information you have with regard to your DUI case, it would be better to do a SWOT analysis. Based on this, it would be better to contact a DUI criminal lawyer. They will be able to give you an objective opinion about the case and they also would be able to offer a newer perspective. These lawyers and attorneys will also help you in case you are in favor of a limited scope representation. Hence, there is no doubt that you will be able to get a suitable way forward as far as the DUI case is concerned.

Pleading Guilty

There could be many situations where the defenses available to you are very few. The evidence against you could be very strong. In such cases, pleading guilty a better option could be a good option. However, you certainly would need the services of a qualified and experienced criminal defense lawyer Orange County professional. Their services could become even more critical if the case is quite serious. Here are some situations, where the role of a DUI lawyer becomes extremely vital.

The high content of alcohol in the blood. If the blood content is much higher than .08, then it is quite likely that the reading could be used against the offender by the authorities. In such cases, the role of a lawyer becomes vital to negotiate a less harsh sentence. Proof of being drunk. A testimony by a police officer that the offender was in a state of drunkenness when behind the wheels. This could again the person and here also a good DUI criminal lawyer can come in very handy.

Negotiation

As mentioned above, there is no doubt that a DUI lawyer could make a big difference even to those who have pleaded guilty. The lawyers with their experience and expertise would be in a much better position to negotiate a much lower punishment and fine when compared to what you may be able to do without their services. The negotiation when done properly and with the right facts could lead to the case being dropped with a fine. Hence, you have all the reasons to hire the services of these professional lawyers.

Bring Down The Level Of Offense

There is no doubt that there is a big difference between reckless driving and driving under influence. The latter is a bigger crime and often comes with stiff punishments including, imprisonment or both. There have been instances where the judges have reduced the offense from DUI to reckless driving. The latter is a less serious offense and therefore it could mean a small fine and the offenders could escape imprisonment. However, the onus lies on the offender to prove that he or she is guilty of rash driving rather than driving under influence. This calls for presenting the case in the right way and this again is a situation where the role of a good DUI lawyer comes into play.

Reducing The Quantum Of Sentence

There have been many instances where the quantum of the sentence could be really harsh and it could cause a lot of problems to the accused. In such cases, the only option is to try and get the sentence to reduce with the help of a DUI lawyer. Their experience, expertise and the manner in which they present the case could often lead a softening of the sentence. They know the right areas and loopholes in the law. They will make use of the same and ensure that the accused get off with a much lower sentence.

The Final Word

In fine, there are reasons to believe that in case of DUI it is always better to hire the services of a criminal lawyer. They could make the difference between a harsh sentence to a moderate sentence and no sentence at all.

Monday, 25 March 2019

Why The Need For A Good Criminal Defense Lawyer – Reasons Explained

Offenses are basically classified under two major heads, criminal offenses and civil offenses. If a person is booked for a criminal offense, then he or she could be in serious trouble. Convictions for criminal offenses are quite stringent and it could destroy or seriously damage the credibility and social standing of a person. It could jeopardize his or her career, family life and also could lead to depression and other health challenges. It is therefore, extremely important to take urgent steps and legal recourse to prevent possible arrest, trial and conviction. You must take the services of professional criminal defense lawyer Orange County professionals.

Quite often, we could come across many articles that talk about DIY ways to handle criminal charges. In almost all cases, such tips are suggested by professional criminal lawyers with years of experience. As an ordinary person, it would be impossible to understand the complexities of a criminal charge and therefore it is best left to the wisdom of a professional criminal lawyer. We are happy to share some important reasons for hiring the services of a criminal lawyer without wasting any time.


They Are Familiar With The Environment

For a person indicted in a criminal offense, the world out there would most certainly be bizarre and highly frightening. The possibility of facing trial for a criminal offense could give sleepless nights even to the strongest persons. However, handing the job to a good criminal lawyer could help you breathe easy. This is because criminal lawyers are familiar with the environment in which they are working and therefore would be able to take the case forward in the right direction.

They Take Care Of The Paperwork

Fighting a criminal case in a court of law is highly complicated and involves quite a bit of paperwork. Hence, it would always be advisable to hire the services of professional Orange County criminal law lawyers. They are experts in this area and will be able to present your paperwork in a professional and organized way. They know the order in which the papers are to be organized and presented to the court, cops and investigating agencies.

Perfect Knowledge Of The Law

Yes, experienced and professional criminal lawyers carry with them the right qualifications and experience. They can therefore understand the criminal law as it exists in different states and regions. These laws often go through many changes and modifications and it would be impossible for ordinary citizens to be updated about them. As they know the law better, they are better equipped to present the case in the court of the law and fight it out accordingly.

Their Success Depends On Your Victory

Since defending their clients are the bread and butter of criminal lawyers, they will go all out to defend your case. They will use all their experience, expertise and skill sets to try and ensure that you come out unscathed in such criminal cases. At the end of the day, the proof of the pudding is in the eating. These professionals build their career based on the success ratio and therefore they would always like to add one more positive judgment to their kitty.

They Believe In An Efficient And Speedy Trial

The biggest challenge with criminal law suits is that it could drag on for months and years. This could certainly build tension and uncertainty in the minds of the defendants. Such long drawn lawsuits could also impact negatively the jobs, careers and personal lives of the indicted persons. Hence, the main priority of experienced criminal lawyers would be to ensure that the case reaches its logical conclusion as soon as possible.

The Possibility Of Out Of Court Settlement

There could be some cases where the criminal offense could be mild in nature. In such circumstances, criminal lawyers try and arrive at an out-of-court negotiated settlement for the persons/entities who have been indicted. This could be a win-win situation for both the parties and could prove drawn lawsuits and litigations.

They Will Be Able to Educate You

Criminal lawyers are expected in their subject matter. They are therefore very competent when it comes to offering counseling and expert advice to their clients. They will also be in a position to educate the clients about the crime, its seriousness or otherwise.

The Final Word

In view of the facts mentioned above, there are advantages galore in hiring the services of orange county criminal lawyers should there be a need. Yes, it will cost money but the stakes are much higher for the indicted persons in case they decide to fight the case on their own without legal help.

Monday, 11 March 2019

Benefits of Hiring Expert Orange County DUI Attorneys for Your Case

There might be a lot of thoughts going on your mind if you’ve been through a bad DUI (Driving under influence) or mistakenly been assumed for one by the cops. While all of the possible outcomes of this behavior can lead to worse situations in the future, there are qualified DUI attorneys in Orange County to assist you to get through such daunting situations without getting in too much legal trouble. With their expertise in the field, they can really work upon the case and get you moving back to other important things in life.

During the course of investigation for DUI, police officers generally, conduct a few “field sobriety tests” (FSTs). All these typically comprise of around 3 to 5 detection tests and are selected by officers like walk and turn, horizontal gaze nystagmus, single leg stand, finger to nose, fingers to the thumb, rhomb erg (altered attention position), hand pat, alphabet recitation, etc.


Orange County DUI attorneys

Subsequently, if you wish your life to continue normally, you need to create situations where you are the controller. When it comes to Orange County DUI laws, the only help that can considerably reduce any misfortunes is from Orange County DUI attorneys.

California laws allow the defendant’s basic right to trial, which isn’t available in a lot of states in the US. After making the arrest, the state allows defendants with a 30-day trial period for making the arrest. The 30-day window is practical to prepare well for the hearing with the assistance of Orange County criminal law lawyers.

DUI cases are complex and dealing with these requires a lot of patience and research. Thus finding a reliable DUI lawyer should be your first concern if you find yourself stuck in such mishaps. Surely, without the right knowledge and guidance, you don’t want to do it on your own. With their diverse knowledge of DUI laws combined with years of working experience, you can get a fair advantage, making it simpler for you to have a way out.

Reasons to hire Orange County DUI lawyers

Also, an experienced DUI lawyer can forward your case details to the state motor vehicle department at the time of license suspension trials. With immense knowledge on DUI laws, they know about the defenses that carry weight and the ones that don’t. DUI lawyers can present your case in more convincing and effective ways than you.

While dealing with you personally, they’ll allow the courts to learn a lot more about you. They don’t take you like “just another case” and provide a fair solution for every situation. As DUI remains to be a crime in Orange County, California and various other states as well, DUI related cases must be dealt with by expert attorneys knowledgeable in their line of work.

Most of these professional attorneys have already dealt with more complex cases and have gotten bail for the defendants. The trial for driving under influence is quite a complex process with many court sessions. With an examination of the prosecutor’s and presentation of proof by officers can lead to fear and confusion in defendants. Even though some defendants won’t feel the need to hire an attorney, it makes sense to go for the opposite decision and hire a renowned attorney as he would assist you in making situations a lot less complicated and the defendant also knows what can be done before and after that.

How to find a Good DUI attorney?

You can easily have good lawyers with the reference and recommendations from court officials, and through their personal websites. Before you hire an attorney for your case make sure you’ve checked all the essential credentials like their Membership from DUI defense colleges, etc. However, be careful while getting referred to lawyers as the fees can be split with referrals.

Cost of hiring a DUI Attorney

Most defendants are concerned about the costs associated with hiring an attorney, as this varies according to the places and also depends on the severity of your case. The fees of lawyers in little communities can range somewhere around $500- $1500 and at a higher level, many expert lawyers can charge anywhere around $15000 for defending you in a DUI case.


For most citizens’ it’s not common to know about the rules and regulations of the state and what can and cannot put them behind bars. For example, in California, people aren’t allowed to contact an attorney before taking blood analysis and breathing tests. Criminal defense lawyer Orange County professionals are helpful in analyzing the case details and form appropriate strategies to defend against a prosecutor and assist him in notably reducing the charges.

Monday, 25 February 2019

Tips For Choosing A DUI Lawyer

DUIs can cost you much. When convicted, you can be slapped with hefty charges. Thus, you need to hire a solid and competent DUI lawyer to robustly represent you.

There are many specialists DUI criminal defense lawyer Orange county who can successfully represent you. However, it’s a daunting task to get the best one.

Thus, in this article, we have shared useful tips to help you choose the best lawyer among the Orange County criminal law lawyers to represent you.


Below are factors to put into consideration in order to get the best DUI attorney:

•  Specialization

Ensuring the attorney you have settled on has specializations in the field is vital. Ensure you have checked and confirmed they had handled DUI cases before and the success rate.

This will give you a real picture of their competence and have more confidence with their services.

If they are specialized in DUI cases and have handled such cases before, it indicates that they have clear law knowledge and understanding as well as familiarity with the presiding judges.

Since they will have handled many cases similar to yours previously, it means they will be equipped with enough knowledge and skills to take on judges on your cases appropriately.

Thus, keep off from a general law attorney, hire a specialist.

•  Experience

Hiring attorney who is well experienced in the same field will be an added advantage. Go for the attorney who has worked on the same field for years and attained a high level of experience.
An attorney who has years of experience in the same field will definitely be equipped with strategies and tactics that will make it easy for you to successfully win the case compared to attorneys who have not gained much enough experience.

Basically, make sure you have done thorough research on various attorneys finding out the time they have been practicing in the field and the success rate.
Hiring an attorney who has more than five years working on that field is much advisable since will have all that you deserve to win the case.

•  The  Costs

Let the attorney costs not be the basis to hire them. However, engaging the attorney who you can afford their charges it’s much advisable.
Thus, it’s crucial to ask the attorneys how they charge and their plans for payments prior to hiring them. This will help you get the most appropriate attorney who will not lead you to a situation whereby you can go bankrupt as you try to win the case.

•  References

If a professional is confident in his work and himself, should give you references. It’s crucial to hire an attorney who has no hesitation in giving you references and testimonials in order to be aware of his/her services delivery.
Once you have got the references, don’t hesitate to contact them and inquire what was their experiences when they hired services from the attorney.
Their responses will guide you to get a clear understanding of the attorney you are working with. With such information, you will be able to determine what you will get from them when you hire them.

•  The Firm Size

Understanding the firm size as well as the case the handle is relatively important. This will give you a clear figure of the time as well as the attention that can be dedicated to your case.
So you will have to look at various factors when looking at the size. There is a situation whereby a small firm can be having fewer cases thus having a capacity of getting direct interactions with you.
At the same time, a large firm may have much time in disposal but instead of handling you directly, they may end up handing off some parts of processes to clerks and legal aides.

So, hire the service from the firm that is guaranteeing your comfort and attention you deserve.
Conclusion

As discussed above, the factors to put into consideration when choosing the best DUI lawyer to hire are many. Don’t pick any attorney blindly, do thorough research so you can find more details about various attorneys and at the end of it, you will come up with a firm and informed decision.

A DUI is not laughing off the offense. It has the capacity of impacting your life in endless ways. So, ensure you are competently and robustly represented. Finally, you should ensure the attorney you have selected suits all your needs.

Monday, 11 February 2019

Hiring a Criminal Defense Attorney to represent you in your DUI Case

Is it important to employ a criminal defense lawyer when being charged with DUI in Orange County? If you are an Orange County-based resident and you are facing DUI charges, this write-up will notify you why hiring a criminal lawyer to represent you in your lawsuit is vital. DUI is a very serious offense and can cause severe consequences on your life if you are being charged with it. In case you get arrested for DUI in Orange County, it is recommended you hunt for suitable tricks which will assist you to fight successfully your DUI case.


What is DUI?

DUI i.e. driving under the influence is the offense or crime associated with operating or driving a vehicle while impaired by alcohol or other kinds of drugs including recreational drugs and those prescribed by doctors, to the extent which renders you incapable of driving safely.

In case you are being charged with DUI in Orange County, you might end up facing serious consequences including paying a hefty fine or being imprisoned. One of the top-notch ways of winning a DUI case in Orange County is employing a criminal defense attorney.

Benefits Employing a Criminal Defense Attorney to represent you in your DUI Case

*Filing the Paperwork

If you are facing DUI charges, not filing the paperwork task involved in your lawsuit can make you lose your case. However, courtesy of collaborating with a criminal defense lawyer Orange County-based, the attorney will ensure the paperwork process involved is handled appropriately and any other document required by the court from you is available and in the correct manner.

*Protecting your Rights

Orange County criminal law lawyers are attorneys who are extremely informed and knowledgeable about the constitution part covering DUI charges in the California state. Therefore, once you choose a criminal attorney who is not only reliable and trustworthy but very experienced also, the lawyer will represent you in court and utilize his or her experience while adhering to the terms of the constitution so as to ensure your rights are not violated in any way.

*Qualified and Experienced

Criminal defense attorneys are law experts that have undergone the relevant education and training any person aspiring to be a pro lawyer requires to face. These lawyers have spent a good number of their years trying to study law and they often spend most of their time in the court environment.

Apart from these attorneys being qualified and experienced enough to make their clients attain the results they desire to have in their respective lawsuits, these lawyers are connected with many people who work in the court environment that they can use to speed up your trial.

*Professional Advice

In addition to reputable criminal defense attorneys in Orange County giving you exceedingly appealing solutions when representing you in court, they can also give you some great advice which once you apply accordingly can make you end up emerging a victor in your DUI case.

How to Locate the Best Criminal Defense Attorney in Orange County

1. Looking for a Criminal Defense Attorney with the Right Experience

Not all Orange County-based lawyers are the same. There are some lawyers in Orange County that specialize in personal injury while other criminal law. It is appropriate you choose an attorney who is specializing specifically in your case.
For instance, since you are being charged with DUI, choosing an attorney who is experienced only in violent crime is not advisable.

2. Checking the Team

A lawyer cannot prepare a case for the court by him or herself alone. Despite how experienced the criminal defense attorney you select is, he or she must have a team that operates behind him or her. Therefore, when looking for a reputable criminal defense lawyer in Orange County to represent you in your DUI case, make sure the attorney you choose is having other attorneys, paralegals and an administrative team backing him or her.

3. Checking References

This will involve going through the reference lists of materials of the criminal defense attorney you opt to hire. These lists usually have contact information and other details of the clients the lawyer has served previously. You can communicate with those people i.e. past clients of the attorneys you opt to hire and confirm if indeed they are trustworthy and reliable.

Bottom Line

Make sure you collaborate with a criminal defense attorney you are certain is experienced enough to represent you accordingly when you are facing DUI charges in Orange County so that you can improve your chances of winning the case.

10 Tips for Hiring the Best DUI Attorney in Orange County, CA

Drinking Under Influence (DUI) charges in Orange County, California can be costly. From fines and penalties, probation to years of summary ...