Law Office of Jonathan Franklin: Keeping Driving License

Showing posts with label Keeping Driving License. Show all posts

Monday, October 20, 2014

Increased Efforts for #DRUG and #DUI Arrests

Newsflash from your Hollywood Attorney:

The city of Los Angeles is not the only place where cops and prosecutors are gunning for drivers allegedly under the influence of drugs.

L.A.'s program to take mouth swabs of DUI suspects during traffic stops is aimed squarely at medical marijuana users, and other jurisdictions want on that bandwagon.

Riverside County revealed that nearly a half million dollars in state funding will provide two new prosecutors who will dedicate all their time to busting medicinal users and others who allegedly get behind the wheel in altered states. The office says the cash will last through late summer.

The D.A.'s people say in a press release that it's part of an effort to "combat recent increases in drug-impaired driving." Those increases have largely involved marijuana, although prescription abusers are also a burgeoning problem, authorities claim.

Winning a case against a driver who was allegedly under the influence of cannabis is a much tougher prospect than batting an allegedly boozed-up motorist, though.

While juries don't like drunk drivers, the science on marijuana, its effects on drivers, and the amount you can safely have in your system is still pretty much up in the air.

In fact, there's no state limit on THC blood levels for drivers. There's no equivalent to the drunk driving limit of a .08 blood-alcohol level.

For that reason, medical advocates have long been frightened of efforts like this one. They've argued that, because THC can stay in your system for weeks, a medical user who drove days after medicating could still end up in court under these crackdowns -- wrongly so.

What's scary about Riverside County's campaign is that prosecutors are clearly gung-ho about busting medical users, even as the state's legal guidelines are blurry at best.

A press release says the local assistant D.A.s have successfully prosecuted nearly 300 cases of drug-involved DUI within the last year or so.

The D.A.'s are getting special training on how to win more cases despite a clear lack of science and legislation. It's all about persuading a jury that a medical user can be a dangerous driver.

Source.... http://www.huffingtonpost.com

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Tuesday, September 23, 2014

What a #California #Prosecutor Doesn't Want You to Know about Your #DUI Case

Newsflash from your Hollywood Attorney:

After a driving under the influence arrest, you probably feel hopeless. You believe the police have so much evidence against you that you’ll have to plead guilty or face a conviction. You think that the prosecutor has a slam dunk case against you. Remember this: You’ve only been arrested and/or charged with DUI. You’re not convicted of any crime. There are four other things to remember about your DUI arrest and/or charge:

• You do not have to plead guilty.
• You can challenge the DUI charge.
• You can hire a DUI defense lawyer to fight for and protect your legal rights.

There are facts that a prosecutor does not what you to know that could change the outcome of your case in your favor.

Here is the information a prosecutor may not want you to know:

The Police Can Damage the State’s Case by Making an Arrest without Cause

According to the U.S. Constitution, a police officer must have reasonable suspicion or probable cause to:

• Conduct a traffic stop.
• Start a DUI investigation.

In other words, running a red light or weaving in and out of your lane are types of potential infractions that an officer may try to rely on to justify the stop over your vehicle and subsequent DUI investigation. An officer cannot stop you just to ask you a question or because he or she thinks you look drunk.

Field Sobriety Tests Aren’t Always Accurate

Field sobriety tests are hyped up to be mistake proof. They are allegedly so easy that a sober person can complete them flawlessly. Do not believe the hype. Field sobriety tests are not always accurate or simple to complete. There are many reasons why someone would fail one or all of the field sobriety tests and not be drunk. For instance, a clumsy person could fail the walk and turn field sobriety test. There are other reasons why these tests are not always accurate like a:

• Medical condition you have.
• Police officer’s inability to provide correct, specific instructions.
• High heeled shoes.
• Physical inability to perform one or more of the field sobriety tests.

Breath Tests are Just as Inaccurate as Field Sobriety Tests

The government brags about how accurate the chemical testing such as Breathalyzers are that there is a penalty for not taking the test. What a prosecutor does not want you to know is that certain things can make a Breathalyzer inaccurate. In other words, your blood alcohol concentration, or BAC, is not near, at or above the legal limit. Also, there can be a margin or error that can be factored into the equation in an effort to ascertain your correct BAC. Here are the things that causes a Breathalyzer to produce a false high reading:

• Your diet.
• Various foods.
• Amount of food in your stomach.
• Mouthwash you used.

Obtain Representation for Your DUI Charge

You were arrested for DUI and you have a right to be represented by a defense attorney. At the Law Offices of Jonathan Franklin, you will find the representation you need to aggressively defend yourself.

The team of lawyers at the Law Offices of Jonathan Franklin know how to use the secrets that prosecutors don’t want anyone to know to their advantage. Whether it is challenging the chemical tests or the reason why you were stopped, the goal is simple. Get your case resolved successfully, whether it is reduced, dismissed, settled favorably through a negotiated plea agreement or with a not guilty verdict after a trial.

For a free consultation with Beverly Hills Criminal Lawyer Jonathan Franklin, contact us at 310.273.9600

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Tuesday, September 16, 2014

Hiring a #Defense #Lawyer in the Event of an #Arrest and Subsequent Charge

Newsflash from your Hollywood Attorney:

In the U.S. Justice System, everyone is presumed innocent until found guilty in court. Of course, proof of guilt is on the burden of the prosecutor. Nevertheless, you will need a Los Angeles criminal defense attorney to argue on your behalf. Even though guilt must be proven beyond reasonable doubt, prosecutors will go to great lengths to persuade a jury that you are guilty of a crime.

Of course, very few people know what actually occurred in the instance leading up to a crime and everyone involved has their own accounts of what really happened. In cases involving domestic violence, which is one of the most common disturbances police respond to, it becomes a case of a he said, she said scenario. You will need a lawyer who is versed in criminal law as outlined by the rules governing the county.

Your lawyer should be able to bring forth eye witnesses, forensics and reconstruction experts. They should also be able to question and cross examine the same people brought forth by the prosecutor and exploit any holes in their accounts. Furthermore, your attorney will also coach you on how to present yourself. This includes basic courtroom mannerisms and consists of everything from body language to the choice of words used.

Your attorney cannot guarantee you a positive outcome but will remain by your side for the entire duration of the trial. In the event that you are charged of a crime, you will need a defense lawyer who will aggressively challenge the prosecutor and look for inconsistencies to prove your innocence.

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Wednesday, September 10, 2014

Maintaining Your #DrivingLicense and Privileges After a #DUI Arrest

Newsflash from your Hollywood Attorney:

DUI Conviction In a DUI conviction, one of the penalties includes a license suspension of up to four months for first time offenders. This could have drastic repercussions since losing your driving privileges could prevent you from commuting to work, dropping off and picking up your kids from school, and running other everyday errands.

What most people don’t know is that a DUI arrest does not have to mean an automatic license suspension. Under California law, you have up to 10 days from the time of your arrest to request for a DMV hearing. Failure to do so means an automatic suspension with no chance for a hearing at this point.

Saving your license is something a Beverley Hills DUI lawyer can help you with. An attorney understands the DMV hearing process and can walk you through the steps and options for maintaining your license.

Your lawyer can help you get approved for a temporary driver’s license. This enables you to have some sense of normalcy in your daily life as you can continue to operate your own vehicle. Also keep in mind that there are other reasons besides DUI in which your license may be revoked. This may include the accumulation of multiple traffic tickets. In such cases, the same rules apply in regards to holding onto your license, and you need to request a DMV hearing right away.

Making a few poor judgments behind the wheel does not have to entail having your license revoked completely. A lawyer can help you through the process of getting the suspension lifted.

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com