A Second DUI Offense Needs an Aggressive Attorney
- By Phoenix Delray
- Published 11/8/2011
- Legal
- Unrated
Those who have a second DUI offense in the State of California need to act quickly to attempt to preserve driving rights. Unlike a first time offense, a 2nd offense can have an impact that can be life changing. Obtaining legal counsel from a lawyer who specializes can sometimes make a big difference in the outcome.
From the time the person is arrested, there is only a ten day period in which a hearing can be requested from the DMV. Anyone who puts this off may loose his or her driving privileges for a one to two year time period. This means no driving to work, the grocery store or to pick up the kids from school if they are ill. For some it can mean job loss if there is no way to get to work as is the case with much of Southern California that has a very inadequate public transportation system. Should the person who was arrested be a commercial driver and have a 2nd offense, they can lose their right to drive permanently. The penalties for a Third DUI offense can be even greater.
The type of hearing that a skilled attorney can usually obtain from the DMV requires action to be taken immediately. The attorney may be able to call into question how the evidenc
e was obtained that led to the arrest. This can be in the form of 911 or dispatcher calls, dashcam video or other recorded information. There may be information that witnesses or the arresting officer can provide that will call into question the arrest itself. There are also ways to examine how the breathalyzer was used as these are not always correctly calibrated. Any of these conditions may possibly be used to get the charge dismissed if an error is found.
The penalties for a 2nd offense can vary depending on where the arrest occurred. Attorneys who specialize in this type of law know what different court systems tend to have available for sentencing practices. Some areas allow defendants to have house arrest or electronic monitoring instead of actual jail time. An attorney who practices this type of law knows what particular judges tend to do in these cases because they are at these courts a lot of the time. They also know when the judges or other personnel move to other areas.
People who do not realize what problems they can face for this type of arrest. Having an attorney who is proactive is the most important step a client can take when this happens to them. A second DUI offense is something that needs to be handled by professional legal counsel.
From the time the person is arrested, there is only a ten day period in which a hearing can be requested from the DMV. Anyone who puts this off may loose his or her driving privileges for a one to two year time period. This means no driving to work, the grocery store or to pick up the kids from school if they are ill. For some it can mean job loss if there is no way to get to work as is the case with much of Southern California that has a very inadequate public transportation system. Should the person who was arrested be a commercial driver and have a 2nd offense, they can lose their right to drive permanently. The penalties for a Third DUI offense can be even greater.
The type of hearing that a skilled attorney can usually obtain from the DMV requires action to be taken immediately. The attorney may be able to call into question how the evidenc
The penalties for a 2nd offense can vary depending on where the arrest occurred. Attorneys who specialize in this type of law know what different court systems tend to have available for sentencing practices. Some areas allow defendants to have house arrest or electronic monitoring instead of actual jail time. An attorney who practices this type of law knows what particular judges tend to do in these cases because they are at these courts a lot of the time. They also know when the judges or other personnel move to other areas.
People who do not realize what problems they can face for this type of arrest. Having an attorney who is proactive is the most important step a client can take when this happens to them. A second DUI offense is something that needs to be handled by professional legal counsel.
Phoenix Delray
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