12 REASONS YOU LOST OR WILL LOSE YOUR HOLIDAY DUI
Jan. 25, 2015
The back of my business card says:
Upon advice of my attorney, Dale Gribow, I exercise my Right to Remain Silent until you contact him at 760-565-0533.
My attorney has advised me the VOLUNTARY Field Sobriety & Breath Tests, at the scene, are OPTIONAL (unless one is on probation). Thus I elect not to take them.
I want to cooperate and am happy to take a BLOOD TEST.
You are probably the reason you lost or will lose your DUI case by not following this advice and knowing the following 12 ways to lose your DUI.
Silence is Golden and Handcuffs are Silver. No matter what you say the police are not going to let you go. Unfortunately it is not only what you say BUT what the officer THOUGHT HE HEARD YOU SAY. Remember the officer does not prepare the report until he goes back to the station and thus they often forget things. Do not talk to anyone other than your lawyer. Remember law enforcement officers and prosecutors are Not your friends. They are doing their job and making a case.
Don’t hire a DUI lawyer from out of town. Though competent, they will not know the local Judges, DA’s and court personnel (clerks and bailiffs). Most cases do not go to trial so it is important to know and be respected by the local court.
Take down your Social Media/Facebook until the case is over. Social media is the biggest advance for DA’s, who no longer have to leave the office to investigate to find your friends.
Have your attorney call DMV within 10 days. That will save your license which would otherwise be suspended 30 days after your arrest, for 4-5 months, as stated on the Pink slip you received.
Have your attorney request a STAY, which freezes the suspension after 30 days.
There are issues of constitutional rights at most hearings if you completed a chemical test. If you refused a test, that will be used to prove guilt. You must explain refusals to win. Do not try this alone as hearing officers are both judge and prosecutor and are trained to cross examine you.
Remember the DA has the burden of proof to prevail on all issues or refusal matters. If the DA meets the burden of proof on only part of the issues, you win as set forth by the law.
You must know a DUI creates 2 separate proceedings to address- the court and the DMV hearing. The outcome of one does not necessarily affect the other.
At a DMV hearing there are only 3 issues after you completed a Blood or Breath test. They are set forth on the back of the DMV paper you received. The main issue is whether the officer had probable cause to stop or contact you and whether the chemical test is beatable.
The DMV hearing is a PER SE Hearing and if you have a .08 or higher you are per se guilty in their eyes. The burden of proof then, in essence, reverts to the driver to prove they were not guilty.
We normally do not want our client at the DMV hearing, though they have a right to be there. Most DMV hearings are arguments over evidence, not facts. If the driver is present the hearing officer can call them to testify under oath, over our objection. The hearing is taped so the driver’s statements can be used against them in a court trial. Pleading to the hearing officer for your license because you have never been arrested before or because you are a wealthy philanthropist, who has never had a ticket, will do no good. The hearing officer may pity you but they will still take your license. Hearing officer have no authority to "plea bargain" or deviate from the statutory penalties.
The DMV hearing is an Administrative hearing and thus does not follow the same rules that we follow in the courtroom. DMV usually wins way over 90% of the hearings.
Suggestions for future articles? Contact 760-565 0533.
DALE GRIBOW TOP LAWYER – Palm Springs Life-(DUI/Accidents)-2011-19 PERFECT 10.0 AVVO Peer Rating "PREEMINENT" Rating – Martindale Hubbell Legal Directory "BEST Attorneys of America" Selected by "Rue" (Limited to Top 100 Attorneys per state)