Los Angeles Criminal Law Blog
     


DMV Penalties and DUI Court Processes

Posted on: February 16, 2009 at 8:14 a.m.

When Los Angeles DUI defense attorneys counsel their clients on the DUI process, one area that many people overlook is the DMV penalty process. Many individuals will think about fines or potential jail time, but the serious consequences faced at the DMV for DUI violations are serious.

Being charged with a DUI is a serious offense that requires the immediate and skilled work of a knowledgeable Los Angeles DUI defense attorney, in part because being charged with DUI involves a complicated legal process that actually includes two separate hearings. If the law enforcement official who pulled you over believes there is sufficient proof of DUI, he or she will arrest you and confiscate your driver's license, which effectively suspends your driving privileges.

At the time of your arrest, the Los Angeles law enforcement official should hand you a pink slip known as "Notice of Suspension" which acts as a temporary driver's license while your DMV and DUI hearings are underway. From this point, you have ten days to schedulea Department of Motor Vehicles (DMV) hearing. If you fail to schedule this hearing with the alloted ten days, your driver's license will automatically be suspend you may not drive until your driving privileges are reinstated.

The DMV hearing does not determine whether or not you are guilty of driving under the influence, but decides whether or not you may continue to drive until after your DUI hearing is finished. An experienced Los Angeles DUI defense lawyers knows the significance of the DMV hearing. Simply having an attorney present during the hearing greatly increases the chances of being able to keep your driving privileges until your DUI trial.

The next step in the Los Angeles DUI court process is the arraignment, at which you will be informed of the specific charges against you and asked to enter a plea of either guilty or not guilty. After this point, pretrial motions may be entered. A good Los Angeles DUI defense attorney will scrutinize the details of your arrest to being building you defense and see what evidence, if any, can be suppressed during your trial. He or she will advise you on any plea bargains that are entered by the prosecution during this period.

An experienced Los Angeles DUI defense lawyer knows how inaccurate breathlazyer tests can be, has superior knowledge of the DUI court process and will fight for the best possible outcome for your case. If you have been charged with DUI, contact the attorneys at Kestenbaum, Eisner & Gorin today to fight for you.

Tagged as: california criminal laws, violent crimes defense


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