If you or someone you love has been arrested in Anaheim for driving under the influence or a related matter, it is crucial you contact a skilled Anaheim DUI attorney to review and evaluate your case. It is vital that you contact a competent Anaheim DUI lawyer while the arrest is still fresh in your mind so that you can assist your attorney in the preparation of your defense. A conviction for DUI can result in the following penalties: custody time, fine, alcohol program, work release, license suspension, and house arrest. Due to the severe consequences it is imperative that you contact a fierce Anaheim DUI attorney today. Your Anaheim DUI lawyer will fight to protect your rights and reduce the penalties associated with your arrest. Contact the Parker Law Center today for a free case evaluation!
When determining which attorney can best represent you on the events related to your DUI arrest, it is vital that you select an Anaheim DUI attorney whom provides comprehensive legal representation. Upon arrest for DUI in Anaheim, there are two components which require a defense, Court and DMV. It is imperative that you retain an Anaheim DUI lawyer whom is skilled at legal representation at both the Court and DMV hearing. Both components require a unique legal strategy be utilized. The Parker Law Center is a premiere DUI defense firm which has vast experience representing hundreds of clients in complex DUI cases. The Parker Law Center has a unique skill-set which allows the legal team to expertly represent you and protect your rights. The legal team prides itself on providing comprehensive and personalized legal representation for those arrested for DUI in Anaheim. Contact the Parker Law Center today to get the legal representation that you deserve!
The Court process typically begins when a person is arrested for driving under the influence in Anaheim. The peace officer will forward his/her arrest report to the Office of the Orange County District Attorney for review, in addition to providing the arrestee with a citation to appear in Court. Once the Office of the Orange County District Attorney receives the arrest report, it will be forwarded to a charging deputy. The charging deputy is charged with reviewing the report and determining which charges are appropriate, if any, it be filed in Court. Most DUI arrests are filed as misdemeanors. Should your matter be filed as a misdemeanor, then it is likely that your experienced Anaheim DUI defense attorney can make all appearances in Court without you ever having to step foot into a Courtroom.
At the initial appearance, known as the arraignment, the charges are formally read and a plea of not guilty or guilty is entered. Many times your Anaheim DUI attorney will enter a plea of not guilty on your behalf and set your matter for a pretrial hearing. Other times, your Anaheim DUI attorney may feel it is in your best interest to leave your case at the arraignment stage and will continue your arraignment to a new date. At the pretrial stage your Anaheim DUI lawyer will thoroughly review the discovery provided and determine if additional items of discovery are needed. If additional discovery is required then your Anaheim DUI attorney will file an informal discovery request. It is also at this point that your skilled Anaheim DUI lawyer will determine if it is appropriate to file any pretrial motions. The pretrial hearing will afford your Anaheim lawyer an opportunity to negotiate the disposition of your case with a deputy district attorney. Once an offer has been reached, your Anaheim DUI attorney will convey the offer to you and help you decide how to proceed with your matter. Your Anaheim DUI lawyer may advise you to enter into the negotiated plea agreement or to continue on to jury trial.
There are two license suspensions associated with an arrest for driving under the influence in Anaheim. The DMV is charged with enforcing both license suspensions. The first license suspension is triggered by arrest for DUI, while the second suspension is triggered by conviction for DUI in Court. Typically, following arrest for DUI in Anaheim, the peace officer will confiscate your California driver’s license and provide you with a pink piece of paper. The pink piece of paper will serve as your temporary driver’s license. Should you take no action your license will remain effective for 30 days. Following 30 days from the date of your arrest, your driver’s license will automatically be suspended. You have a right to fight this license suspension. To fight the license suspension an Administrative Per Se (APS) hearing must be requested within 10 days from the date of arrest. Due to this short time frame it is vital that you contact an experienced Anaheim DUI defense attorney to request this hearing on your behalf. Your Anaheim DUI lawyer will request the hearing, discovery, and place a stay on your driver’s license. Thus, your driver’s license will not be suspended in 30 days, instead you will maintain full driving privileges until a decision is rendered on your hearing.
Should the APS hearing be requested within 10 days from the date of an Anaheim DUI arrest, then the hearing will be scheduled with the City of Orange Driver Safety Office. An employee of the DMV known as a Hearing Officer will preside over the hearing. The Hearing Officer has the burden of proving the following issues at the hearing:
If the driver submitted to a chemical test there are three issues:
If the driver refused to submit to or failed to complete a chemical test (a refusal) there are four issues:
At the start of the APS hearing the Hearing Officer introduces all documents on to the record and identifies them as exhibits. Your skilled Anaheim DUI defense attorney will skillfully object to these exhibits and may introduce additional items of evidence, in addition to providing expertly crafted argument. The Hearing Officer will take all argument under submission; he/she will render a written decision within 30 days following the hearing. The APS decision will either set aside the license suspension or remove the stay on the suspension. If you or someone you love has been arrested for DUI in Anaheim, it is essential that you retain an experienced Anaheim DUI defense lawyer to get the best possible outcome on your case. Contact the Parker Law Center today so that the legal team can start building your defense!