Monday, June 28, 2010

CHANGES IN DMV LAWS BENEFICIAL TO ORANGE COUNTY AND THE DUI DRIVER?

Beginning on July 1, 2010, driving under the influence (DUI) laws are changing as it relates to driver’s licenses. While Ignition Interlock Devices (IID) are going to become more prevelent, mulitiple offenders will be back on the roads sooner. But what is an IID? IID is a device that is installed in a DUI offender’s vehicle. The installation, and every 60 days of calibration, is completed by a certified installer. This, of course, is paid for by the DUI offender. The person must blow into the device before the car will start and then periodically while driving, the person must again blow. If the device detects any alcohol, the car will not function. If we really wanted to prevent driving under the influence from occuring at all wouldn’t we want all vehicles to be manufactured with these devices? Where’s the business in that….

The first-time offender who lives in Orange County will not suffer any changes in their driving prileges, but if they live in Los Angeles they will. A first-time offender who lives in Orange County may suffer a 30-day suspension period, however, after 30 days they will be eligible for their driver’s license if they are enrolled in a DUI class, have an SR22 insurance form, and pay a reinstatement fee. However, if this same person was a resident of Los Angeles, Alameda, Sacramento or Tulare Counties, they would also have to install an IID in order to obtain their restricted driver’s license. This is a pilot program. Fair? No, but a good reason to stay in the OC.

For the second and third-time DUI offenders, the consequences are the same throughout California. A second-time DUI offender prior to July 1, 2010, would serve a complete one-year driver’s license suspension. As of July 1, 2010, as long as the offender is enrolled in the DUI class, has proof of an SR22 insurance form, pays the required fee and installs the IID, the person may obtain a restricted driver’s license after serving a 90-day suspension period. A restricted driver’s license gives the person the ability to drive to, from and during work, and to and from the DUI classes.

The third-time offender, prior to July 1, 2010, would have their driver’s license revoked for 3 years, and become eligible for a restriced driver’s license only after completing the 18-month DUI program. However, under the new laws, this offender will be eligible for a restricted driver’s license after serving a 6-month suspension.

This change in the law is a windfall to the second and third time DUI offenders along with the IID providers. Hopefully, it will also keep us safe.

Wednesday, June 23, 2010

If you are lucky the police have taken you to their station and have released on you a citation.

Unfortunately, many are taken to the County Jail and released later or are forced to remain in jail on bail.

Bail – You will remain in jail unless you pay the full amount of bail (which will be returned upon the completion
of the case) or pay a bail bondsman 8 – 10% of the bail amount (which will not be returned).

Citation – Read what you receive from the police and/or jail. This will contain important information such as your court date.


ARRESTED FOR DUI? DO NOT WAIT FOR COURT.
YOU NEED TO CALL DMV 10-DAYS FROM YOUR ARREST DATE.
You need an Orange County DUI Attorney

Arraignment – This is the first court hearing. You will be notified of the charges against you. Your bail may increase; decrease or you may be released on your own recognizance. (Refer to 10 Tips for more info.)

Monday, June 21, 2010

If you need a Defense Attorney in OC, The Law Office of Rosanne Faul is Always Ready to Defend You. Call Today for your FREE Consultation 949-275-6377

Thursday, June 17, 2010

If you need a Defense Lawyer, call me today for a FREE Consulation. See my contact information on my website: defendingyou.net

Tuesday, June 15, 2010

10 DETAILS YOU NEED TO KNOW PRIOR TO WALKING INTO A COURT ROOM

After you are arrested for a crime you need to know what to expect.

Upon your release from jail, or the police, you will be given some paperwork. READ it carefully.

You must be prepared to ATTEND the given court date (contained in your paperwork) with or without an attorney. Look respectful: No hats, shorts, jeans, t-shirts or sweatshirts.

On the court date, check the posted CALENDAR at the courthouse and go to that courtroom. Occourts.org also lists the courtroom.)

If your name is not on the calendar (or website) do the following:

• GO to the CLERK'S office at the Courthouse. Obtain verification that you were at the Courthouse.

• GO to the DISTRICT Attorney's office (also at the Courthouse). Ask for the status of your case.

Verify they have your correct address. They may mail you a new court date.

When your name is on the calendar go to that courtroom. Before you enter, look at that door at any POSTED SIGNS to verify your case has not moved to another courtroom.

When you enter, approach the BAILIFF. This is the person in a sheriff's uniform usually at a desk towards the front of the courtroom. The bailiff may check you in and tell you to take a seat to wait for the Judge.

When you check-in the bailiff may give you paperwork listing the charges against you and a list of your rights. READ both of these thoroughly.

Once the JUDGE takes the bench court will begin. He or she will then call each case individually.

When your case is CALLED, you will need to stand in front of the Judge (do not put your hands in your pocket). The Judge may:

• Set BAIL in your case which means that unless you pay to be released you will remain in jail until your case is resolved.

• Ask you if you want to REPRESENT yourself (depending on the charge) or hire an attorney.

• Tell you what the sentence will be if you plead guilty. This is called an INDICATED sentence.

The Judge will then ask you if you want to PLEAD guilty, not guilty or if you want the court date CONTINUED so you may hire an attorney. If you plead not guilty or ask for time to hire an attorney you will receive another court date. If you plead guilty, you will have a criminal record and you will receive paperwork outlining what you need to do.

Prior to entering a plea you should be aware of your rights, what are reasonable expectations for your particular case, and if you have any legal defenses to the charges.

Do not rely on these materials for legal advice. No attorney-client relationship has been established between you and Rosanne Faul unless we have signed a retainer agreement. There is no express or implied warranty of representation with respect to the accuracy of any materials contained on this website. No promise or guarantee that this information is correct, complete or relative to your specific case exists.