Fullerton DUI Lawyer, Jimmy Cha
If you have been arrested for a DUI in Fullerton you need to contact an experienced attorney immediately. It is important to contact an experienced criminal defense attorney familiar with DUI’s in Fullerton Court (North Justice Center) immediately. Given that so much is at stake in a DUI case and because DUI defense is a technically and highly specialized field involving medical terminology, etc., it is important to hire an experienced criminal defense attorney who has handled many DUI cases in Fullerton Court, and who can guide you through the criminal justice system and the Administrative Per Se Hearing of the California Department of Motor Vehicles (DMV). After consulting with an experienced DUI LAWYER, you will understand the necessary course of action. In some cases, you may be able to avoid court entirely with careful guidance.
If you have been arrested for a DUI in Fullerton, it can be quite frightening and scary. For many individuals, this will be the first crime in which they have ever been charged. It’s natural for many people facing legal trouble to let fear and stress overcome their judgment, leaving them not knowing what to do. Finding a DUI Lawyer in Fullerton with extensive court experience is the first step in resolving any legal situation. The worst thing you can do when facing criminal charges it to let fear govern your actions and do absolutely nothing, hoping the situation will go away. Call Jimmy Cha, your experienced legal defender, and begin the process of fighting back.
Take action immediately if you are facing prosecution for a DUI in Fullerton. The penalties for a DUI in Fullerton / California are harsh. Even for a first offense, the penalties are quite severe; including license suspension, fines of approximately $ 2,000.00, mandatory attendance at a State or DMV approved alcohol program, and even potential jail time. If you have been arrested for a DUI in Fullerton, the first step in defending your rights is to contact the Law Office of Jimmy Cha and schedule an initial consultation. Don’t forget, you do have rights guaranteed to you by the United States Constitution. Working with a Fullerton DUI / criminal defense attorney will ensure that none of these rights go unprotected or unenforced, and you owe it to yourself to present a defense that’s at least as vigorous as the prosecution’s attempt to convict.
Often times, individuals hear that there is not much to do for a DUI. There are many viable defenses available to an individual who is facing a DUI charge, whether it is their first or fourth DUI. Below is a list of some viable defenses to a DUI charge:
- Unreliable Breath Test
- Inappropriate Breath Test
- Inconsistent Breath Test
- Inconsistencies Shown by Video Tape and/or Independent Witness
- Inadmissible Blood Test Results
- Mistakes by Arresting Officer
- Illegal Arrest by Law Enforcement Officer
- Medical Conditions
- Rising Alcohol Theory
People do not burn alcohol at the same rate! There are many viable defenses to a DUI charge and many factors that can affect the results of a breathalyzer and/or blood test.
DMV AND THE CRIMINAL COURT PROCESS
When a person is arrested for a DUI, the individual must fight the DMV hearing (Administrative Per Se Hearing), and the Criminal Court process.
Unlike the Criminal Court process, the Administrative Per Se Hearing of the Department of Motor Vehicles is a civil matter. It is critical that an individual charged with a DUI call the California Department of Motor Vehicles within 10 DAYS to request a hearing to contest the suspension. Failure to do so will result in the suspension of their license, taking effect 30 days after the arrest.
The issues presented at a DMV hearing are limited to 3 issues:
- Did the arresting officer have reasonable cause to believe that you were driving under the influence?
- Was the arrest lawful, and;
- Was your blood alcohol 0.08% or higher at the time of driving?
The DMV hearing is completely separate from the Criminal Court process, and a “set aside” of the suspension from the DMV has no relation to the outcome in the Criminal Court, and vice versa.
In addition to the DMV Administrative Per Se Hearing, an individual must also deal with the Criminal Courts. In Court, an individual charged with a DUI will often face hefty fines, probation, AA and/or DUI classes, penitential high insurance premiums, and even jail time.
Because you have to win both the DMV Administrative Per Se Hearing and in Criminal Court in order to prevent your license from being suspended, you need an attorney who is qualified to handle DUI cases.
Jimmy Cha has tried numerous DUI cases as a criminal defense attorney and is a member of the California DUI Lawyers Association. He has extensive knowledge about DUI’s and the criminal court process. If you have been arrested for a DUI, The Law Office of Jimmy Cha can help.