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DUI Charges Require An Experienced Attorney

If you’ve been arrested for driving under the influence of alcohol or other drugs, you could be facing serious repercussions, including fines, a long suspension of your driver’s license, and even jail time is possible. The penalties can be even more severe if you’ve been arrested for DUI twice, three times, or more.

With such serious consequence, you definitely need a skilled DUI Attorney to help with your case, it makes sense to have one on your side, especially retaining a DUI attorney who specializes in DUI cases. Having helped thousands of people in the same situation as you, DUI attorneys not only know the law, they know how the system works, and can use that knowledge to help protect your rights and fight for you, hoping to achieve the best possible outcome.

A DUI attorney can help you by looking for flaws and mistakes in the state’s case against you. This includes looking at the reasons the police pulled you over in the first place. In order for a traffic stop to be valid, the police must be able to show that you broke at least one traffic law or that they had some other logical reason for stopping you. An experienced DUI attorney can help determine if the traffic stop was valid or not.

A DUI attorney will also help you by looking for any errors made by the police while they conducting tests to determine if you were impaired or not. These tests can include field sobriety tests, breathalyzer tests, and the testing of blood samples if you refused to take a breathalyzer. A DUI attorney can help verify whether the testing was performed properly and according to the state’s guidelines, and if the testing equipment used was properly calibrated to prevent inaccurate and false readings. An experienced DUI attorney will also review other circumstances regarding your arrest, such as making sure you have been read your Miranda rights and that police respected those rights.

A DUI attorney will help you if you choose to go to court and fight the charges against you. They can formulate an effective and comprehensive legal strategy for your case, including jury selection, to make sure you receive a fair and impartial trial. They will also make sure that any evidence brought against you in the case is valid and admissible, and will work to suppress, or keep out any evidence that was improperly obtained or otherwise invalid.

If you’ve been arrested for DUI, Contact the Law Office of Joel E. Lueck immediately! I will fight to protect you rights and work with you to make sure your case has the best possible outcome.

Hiring a qualified DUI DWI lawyer is your best defense. Your lawyer will explain the potential consequences that could stem from a conviction. He can also explain penalties and programs that the court might order you to enter.

Risks Inherent When Relying on Public Defender’s Office

Kern County’s Public Defender’s Office appears to be pushed to the brink in terms of their ability to competently handle their caseload.

It is no secret that, over the past couple of years, a huge number of experienced and highly competent attorneys have left the Kern County Public Defender’s Office for private practice. And that Office has responded by repeatedly hiring fresh batches of new attorneys, usually straight out of law school, or with very little criminal defense experience. While this mentality certainly saves money, it leaves clients who depend on the service of the Public Defender (mainly for relatively minor offenses such as DUI, narcotics possession and sales, theft, spousal abuse or domestic violence, etc.) with added risks in their criminal cases that are already fraught with inherent potential pitfalls. Let me refer to two cases that I have handled just within the past week that prove my point:

Late last week a new client came in with a very straightforward possession of narcotics (H&S 11379 and H&S 11377) case. The case had been filed with the court in November. The client had been to court at least three separate times and each time the case was continued because she had not yet spoken with her assigned public defender, despite making numerous attempts and leaving several un-returned voice mail messages.

Another case that I inherited from the Public Defender’s Office in November when it was set for jury trial was dismissed today after only my third appearance. Not because of any magic trick or loophole that I was able to find, but rather simply because I had the time to take the extra step that the Public Defender did not.

The point is, when caseloads get so big that individual clients and cases are neglected, either in terms of client contact or preparation, it is the clients who suffer. Having an attorney who doesn’t have time to return calls and can only speak to you in court is nearly akin to having no attorney at all. Likewise, pushing a case to the brink of trial because even an experienced attorney doesn’t have the time or resources to “turn over every stone” is an unnecessary addition of risk to an already inherently risky situation.

To be fair though, the Kern County Public Defender’s Office does have a small core of dedicated and HIGHLY professional, experienced, and competent criminal defense attorneys and support staff; however, those attorneys are almost always assigned only the most serious and complex criminal cases.  If you or someone you know has been charged with a relatively minor offense (DUI, narcotics possession and sales, theft, spousal abuse or domestic violence, etc.), there can still be some very serious consequences.  Don’t take chances if you don’t have too! Hire an experienced and respected criminal defense attorney.  CALL THE LAW OFFICE OF JOEL E. LUECK TODAY

The Benefit of Hiring a Respected, Local Attorney

In communities such as Bakersfield, many people who are faced with the need to hire a criminal defense attorney mistakenly believe that retaining a “Big City” attorney from Los Angeles gives them a better chance at successfully defending themselves.  Unfortunately, often times this could not be further from the truth.  As a case in point, consider the circumstances of Mike R., a resident of Los Angeles who was stopped in Kern County on his way to the Bay Area.  After being pulled over for DUI, Mike was also found to be in possession of Ecstasy.  He was arrested and charged with Transportation of a Controlled Substance (Health & Safety Code section 11379) and DUI (Vehicle Code section 23152) among other charges.  Due to the fact that he had a Strike Prior and had been sentenced to prison within the past five years, he was facing a potential sentence of 9 years in state prison.  Initially, Mike was represented by an attorney from Los Angeles.  That attorney represented him through the preliminary hearing stage, but in an effort to settle the case before trial, was only able to obtain an offer from the Kern County District Attorney’s Office of 4 years in prison.  Realizing that a local attorney may benefit him, Mike retained the Law Office of Joel E. Lueck and today was placed on probation and sentenced to 6 MONTHS in county jail.

The point is that although every county is bound by the laws of the State of California, each county interprets and applies those laws differently.  Having an attorney who practices in the community and has a proven track record of success is what those charged with crimes should look for, rather than falling prey to the mistaken belief that an attorney from Los Angeles is their best option simply based upon the location of their office.

Possession of Methamphetamine (Health & Safety Code 11377)

Possession of methamphetamine for personal use is governed by Health & Safety Code section 11377(a). Although the code allows a violation of this section to be charged as a misdemeanor, in Kern County, the reality is that it is ALWAYS charged as a felony, even on a first offense. While being charged with section 11377 by itself will normally make the accused eligible for either PC 1000 (Drug Diversion) or Prop. 36 probation, any additional charges in the same case that are not solely drug related can render the accused ineligible for either of those programs. Additionally, the District Attorney’s Office may charge you with either Possession for Sale (H&S 11378) or Transportation (H&S 11379) in an effort to keep you out of these programs, depending on the particular circumstances of your case.

Drug cases, in particular, require the services of an experienced criminal defense attorney. Oftentimes, there are issues with the legality of the police conduct in detaining or searching the suspect that can result in the dismissal of the entire case.


Health & Safety Code Section 11377

(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code.

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