San Diego DUI Process Attorney
The Legal Process After a DUI Arrest in California
The first consideration to keep in mind regarding California DUI law is that there are now two separate entities you must deal with: (1) the California Court system and (2) the California Department of Motor Vehicles. In analyzing the facts of a case, it is critical to view them from both the Court and the DMV perspective.
In a DUI case, the DMV takes its own actions against one's driving privileges, independent of any Court resolution of the case. Thus, if a police officer issues an ADMINISTRATIVE PER SE/NOTICE OF SUSPENSION/TEMPORARY DRIVERS LICENSE ENDORSEMENT document that, "this will be your temporary drivers' license until you get to court", do not be misled. It is often just a coincidence that an arraignment date is set thirty days from the time of the arrest.
DMV Hearing
Due to the specialized nature of potential defense strategies to a DMV suspension, a driver should meet with an attorney experienced in this area of law as soon as possible. You, or your attorney, must call the DMV within 10 calendar days of the incident to schedule a DMV hearing. You must ask for a DMV hearing if you wish to avoid the automatic suspension of your driving privileges, which will go into effect 30 days from the date of the incident. By requesting a DMV hearing in a DUI case, you can avail yourself of a number of very important rights and defenses and shift the burden of proof to the DMV.
Drunk driving is the most common type of arrest of otherwise law-abiding people. Most people arrested for DUI have never had a prior encounter with the police, much less experienced the court system. They don't know what to expect. They don't know the process. They do suffer a great deal of anxiety.
At the San Diego DUI defense firm of Mark R. De Yoe, you will find an attorney who really cares and who has more than two decades of experience in dealing with the DMV.
Over the course of his 25-year defense career, Mark has represented thousands of people charged with first DUI offenses. Mark is an aggressive defense attorney who understands the ins and outs of DUI defense, the ways that breath and blood test results can be in error, and how to achieve more positive results in even the most difficult DUI case.
For reliable help through difficult times, call San Diego DUI defense lawyer Mark De Yoe at (619) 894-8295. Mark works in San Diego courts, including downtown San Diego, Chula Vista, El Cajon and Vista.
Criminal DUI Case
In the overwhelming majority of misdemeanor DUI cases, San Diego DUI attorney Mark R. De Yoe appears at all court appearances on behalf of his client. Your attendance may not be required. (Client attendance is generally required in felony DUI cases).
Arraignment hearing: San Diego DUI cases are typically resolved over the course of a number of court appearances. At the initial court appearance (the arraignment) for a client who is not in custody, a "not guilty" plea can be entered, a release continued, and a "readiness conference" date set. After the arraignment, discovery is ordered and the case is prepared.
Pre-trial motions and hearings: There are many different pre-trial appearances and pre-trial motions (requests) that can be made in a DUI case. Attorney Mark R. De Yoe will review all of the relevant evidence and ultimately meet and discuss the case with the prosecutor assigned to it.
Settlement or Trial: In many cases, DUI charges are ultimately resolved by way of an agreement between the prosecutor and defense attorney. Mark R. De Yoe cares tremendously for his clients and does his utmost to work out the most beneficial result. In situations where an agreement has not been reached, Mark R. De Yoe has obtained jury trial victories in seemingly impossible situations. No matter what the circumstance, Mark R. De Yoe aims to do his absolute best to meet the particular needs of each individual client.
You may have more defense options than you know. Call San Diego DUI attorney Mark R. De Yoe at (619) 894-8295, or you can email him.
