dui charge

Why an Experienced Attorney is Essential for DUI Charges

Being accused of driving under the influence (DUI) should not be taken lightly. Each state has varying laws when it comes to a DUI charge, and the consequences can vary. Punishment can include paying a large fine or spending time in jail.


But it doesn’t just end there. Being charged for driving while intoxicated will be reflected in your criminal record and have consequences with the DMV and your insurance. Your employment can also be affected when charged.


Be it your first offense or not, you would most definitely want a light sentence or have the charges dropped entirely. For any of those situations to happen, you need to hire an experienced attorney with a specialization with handling DUI cases.


Why is it important to hire an experienced attorney?

A DUI charge is serious and can have various ramifications, including your employment. Some first time offenders don’t usually seek legal assistance and would most likely plead guilty.


However, the DUI laws per state vary and it helps to be informed about them to make the best possible decision. An attorney with years of experience in handling DUI cases can provide advice or counsel that could change the severity of your sentence.


Plea bargaining

A DUI charge will depend on the testimony of the arresting officer and your blood alcohol content (BAC). Conviction is less certain when BAC is between .08 and .11 and an attorney can plea bargain your case. For instance, the charge can be lessened from a DUI to reckless driving.


Criminal law and procedure

DUI attorneys have a deep understanding of criminal law and procedure which enables them to provide sound advice, whether a DUI charge is your first offense or not. Experienced attorneys also know how to evaluate individual cases accurately at the very early stages. As a result, the chances are high for a case – even one severe in nature – to be dismissed.


Sentence bargaining

You can plead guilty to DUI charges only if you know the exact nature of your sentence. Both the defense and the prosecution need to be in agreement on the sentence.


There are instances when you wouldn’t want to plead guilty, especially when drink driving was associated with the injury or death of another person. You would most likely want to know exactly what your sentence will be before pleading guilty. This is where having an experienced attorney is important to help you get the least severe punishment possible.


The laws concerning DUI are always changing. As such, it helps to have a criminal defense lawyer who is well versed in DUI law on your side. Hiring an experienced attorney is the first step to ensuring all your legal rights are protected.


Your lawyer will review your case thoroughly and can contest the legality of the charge or challenge the technical aspects of BAC testing. An experienced DUI attorney will help you make informed decisions on pleading a DUI case. With their help, you can get the lightest sentence possible or have your case dismissed.


DUI Lawyer

Accused of a DUI? Here’s Why You Need an Experienced Attorney

Being accused of driving under the influence of alcohol or drugs is no joke. Depending on the severity of the case, you can end up paying large fines and/or spending months in jail. If you live in California, the problem doesn’t just stop there — being charged with a DUI will have serious consequences with your insurance, your employment opportunities, and your DMV records, not to mention your criminal record. Because of these, it’s imperative to hire a DUI lawyer ASAP.

But don’t just hire any DUI lawyer. If you want to get the lightest possible sentence or even have the charges dropped, you’ll want to hire someone who has years of experience in the legal field.


How Experienced Attorneys Stand Out

Technically, there’s nothing wrong with hiring new attorneys since they do understand the law. However, an experienced DUI lawyer will have an edge that inexperienced attorneys do not. For one thing, spending years on the job has helped them become more familiar with the court system, which means they know the ins and outs that will help you get great results on your case. They’ve also developed excellent plea bargaining knowledge and skills, which they can use to convince the prosecution to change your charge to a lesser offense.


An added bonus: an experienced DUI lawyer knows how to handle complicated administration procedures, which means there’s no need for you to deal with these steps (and the accompanying headaches) on your own.


What an Experienced Attorney Can Do for You

Obviously, anyone charged with a DUI will want their attorney to prove their innocence. However, you have to realize that it goes beyond that. When you have an experienced attorney by your side, you’ll have someone who will do the following:


Help you understand your case

If it’s your first time to be charged of a DUI, you might be confused and apprehensive about everything that you’re facing. A good lawyer will ensure you understand every facet of your case. This, in turn, will help allay your fears since you now have an idea of what will happen.


Review your case

Great attorneys know that the devil is in the details. Because of this, your lawyer will thoroughly evaluate your case and find out if the state handled it properly or not. If there are mistakes (for instance, if the police pulled you over even when you didn’t violate a traffic rule), he will use it as a way to obtain a lesser offense for you or even prove you innocent.


Do plea bargaining on your behalf

Plea bargaining is essential if you’re in the “zone of uncertainty”. This includes having inconclusive field sobriety tests. Also, having a blood alcohol level of just 0.09 or 0.10 (the acceptable level is below 0.8). Not injuring someone, and showing no untoward behavior, may also fall into this “zone”. Having an experienced attorney means working with an expert who has an in-depth knowledge of plea bargaining and can help you change a DUI to reckless driving (which has less severe punishment).


Reduce your chances of going to trial

Many prosecutors hesitate to bring a minor DUI case to trial if they know they’re facing experienced and skillful attorneys. Simply having one by your side is already a huge boost to your case.


Help you bargain for less intensive sentences

Even if you plea guilty, your attorney can still help you with sentence bargaining. This can help reduce the length of time you’ll spend in prison and/or the amount of fines you must pay.

Need an Attorney? Call Us Today!

Having an experienced attorney can make all the difference in your case. Fortunately, if you’re based in Kern County, you don’t have to look far since Joel Lueck can help. With his years of experience as a criminal defense attorney, he can provide you with the excellent legal assistance you need for your DUI case.



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

Hiring the Best DUI Attorney for You

If you are charged with DUI, finding the right attorney to handle your case will be all important. This professional can assist you in making decisions, provide answers to the questions your are bound to have related to appearing in court, and represent you there as well.

Searching for Your Attorney

You can begin your search for a DUI lawyer in Bakersfield by asking your family and friends if they can recommend an attorney who represents clients charged with driving while intoxicated or driving under the influence. In addition, doing an online search will certainly point you in the right direction for finding someone to take your case.

Working with the Public Defender

If you cannot afford to hire a DUI attorney, a public defender can be assigned to represent you. Note that public defenders do not specialize, and they often handle an assortment of criminal cases at the same time. Also, the time he or she has to devote to your case will be limited because they generally carry extremely large case loads. Consequently, both of you will have to make the best of an unfortunate situation.

As you try to choose a DUI lawyer in Bakersfield, consider the following factors:

  • the amount of experience your attorney should have, and
  • whether you want an attorney with a well-known partnership with impressive credentials.

In order to practice law, every attorney must be a member of the State Bar Association. The DUI lawyer you hire may also belong to the American Bar Association’s (ABA’s) Criminal Justice Section, the National Association of Criminal Defense Attorneys or your State Association of Criminal Defense Attorneys. Any attorney you consider hiring should be able to provide you with a detailed list of criminal cases that they have successfully handled in the past.

What You Should Do

Prior to selecting your DUI lawyer  in Bakersfield, be sure to have all of your questions answered. For example, you can ask for references and information about your attorney’s educational background, rather than being overwhelmed by advertising that is meant to grab your attention as you make your choice. You will also want to know how much time will be devoted to your case and what fee scale applies.

Remember that if you spend the right amount of time and effort in choosing the DUI attorney who is right for you, you should be able to find one who inspires your confidence, someone you feel you can work with. This professional should answer your questions to your satisfaction and be well-equipped to defend you in court.

24 DUI Detection Cues Police Use

The National Highway Traffic Safety Administration (NHTSA) has identified twenty-four visual cues to aid officers in detecting nighttime impaired drivers.  Be advised that any one of these cues may cause an officer to believe that you are driving under the influence and therefore pull you over.

  1. Weaving
  2. Weaving Across Lane Lines
  3. Straddling A Lane Line
  4. Swerving
  5. Turning With Wide Radius
  6. Drifting
  7. Almost Striking Object or Vehicle
  8. Stopping Problems (too far, too short, too jerky)
  9. Accelerating or Decelerating Rapidly
  10. Varying Speed
  11. Slow Speed (10 mph + Under Limit)
  12. Driving In Opposing Lanes or Wrong Way on One-Way Street
  13. Slow Response to Traffic Signals
  14. Slow or Failure to Respond to Officer’s Signal’s
  15. Stopping in Lane for No Apparent Reason
  16. Driving Without Headlights at Night
  17. Failure to Signal or Signal Inconsistent with Action
  18. Following Too Closely
  19. Improper or Unsafe Lane Change
  20. Illegal or Improper Turn (too fast, jerky, sharp, etc.)
  21. Driving on Other Than Designated Roadway
  22. Stopping Inappropriately In Response to Officer
  23. Inappropriate Or Unusual Behavior (throwing objects, arguing, etc.)
  24. Appearing to be Impaired

Vehicle Code Section 23152

In California, DUI charges are normally limited to application of Vehicle Code sections 23152(a) and (b). What can be quite confusing to people charged with DUI is that often they will be charged with both subsection (a) and (b). Too many people, this creates the mistaken belief that they have been charged with two separate DUI offenses.
What most people don’t realize is that it is possible to be charged with, and even convicted of, DUI even if one’s blood alcohol content (BAC) is below 0.08 percent.

If you’ve been arrested for DUI and have not given a blood, breath, or urine sample (for whatever reason), you will most likely be charged with only section 23152(a).

If you have been arrested for DUI and have provided a blood, breath, or urine sample that shows a BAC of 0.08 percent or more, you will most likely be charged with both subsections (a) and (b) of Vehicle Code section 23152. The fact that you have been charged with both sections does not mean that you are charged with two separate
DUI offenses.

In addition to the criminal penalties that DUI convictions carry, there are administrative penalties as well with the Department of Motor Vehicles. DUI arrests require quick action on the part of the person arrested in order to protect your rights. Contact an experienced criminal defense attorney and the DMV immediately.

Vehicle Code section 23152

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

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