Reader’s Question:

My brother was charged with DUI here in California. He fully understands that he needs to seek help from a lawyer. Can we get a general practitioner or does it have to be a DUI specialist? How can we choose the best lawyer who would represent my brother in court?

Laura

Chula Vista, CA

Not all California DUI defense lawyers are the same. Some might be able to defend your brother and tilt law to his favor. Others might just drain your brother’s resources and might not be able to keep him from going to jail. His life and his future will depend entirely on how well he is represented, so your brother would have to choose his lawyer carefully.

You have to remember that DUI laws require a special attention because DUI defense is an extremely complex and specialized field. It will not be a good idea to hire a ‘generalist’ lawyer because it would be like hiring a dental hygienist to perform oral surgery. See if a big percentage of the lawyer’s cases are DUI related or if he/she is a specialist in DUI. This is the only way for your brother to determine that he is dealing with a professional.

You can also check the attorney’s rank through the Martindale-Hubbell International Directory of Attorneys and you must also check the California DUI lawyer’s general background. You must certainly give more credit to DUI lawyers who are Board-certified members of the National College for DUI Defense because this reaffirms their expertise in the DUI field.

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Reader’s Question:

I am facing serious problems now with two of my sons. The younger one, who is 19 years old, was charged with DUI after consuming alcohol and being involved in a fatal accident. I’ve been arguing with the authorities because they also want to press charges against my older son who is 24 years old for providing alcohol to his younger brother. They said that he was identified by a witness and by surveillance tapes from the liquor store. Can they actually charge my older son because of that?

Janet

Fremont, CA

Your question is very interesting.
Being arrested for DUI can be so upsetting, and being in a vehicle accident while under the influence of alcohol can be so terrifying. But it can be downright devastating knowing that you caused a fatal DUI crash without even being present at the scene.

If your older son bought alcohol for his brother, he could actually face charges related to a DUI car crash even though he was nowhere near the scene of the fatal DUI accident. There is a section in the California DUI law included that provides specific penalties for adults who provide alcohol to someone who is underage (below 21 years old). The California DUI penalties increase in severity if the minor’s drinking results in death or injury. Your older son could face a $1,000 in fines or up to one year in county jail.

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Reader’s Question:

I was recently charged with DUI here in Sacramento, California. I have so many questions about my DUI case. Where can I go for more help in my case?

Arthur

Sacramento, CA

The best source of information to answer your questions is, of course, a qualified Sacramento, California DUI defense attorney. Your lawyer can basically give you advice about the things that you should do and the things that you should avoid. There are also other resources available for you. You can study California DUI law and blood alcohol analysis in a law library found in law schools and courthouses.

There is also plenty of information found in books such as California Drunk Driving Defense 3rd Edition and Drunk Driving Defense 6th Edition by Lawrence Taylor.

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Reader’s Question:

I’m in urgent need of an experienced drunk driving attorney because I was charged with DUI here in San Diego, California. How do I find one and what qualities should I be looking for?

Leonard

San Diego, CA

The best way to measure a qualified DUI lawyer is through their reputation. There are many ways you can find locally known lawyer in California who can represent you. The best means is found simply through asking lawyers in the district who they feel is the most qualified in DUI defense. You can also visit the courthouse in your area to ask bailiffs, clerks, and public defenders as to which DUI lawyer they would recommend.

The highest acknowledgment for a DUI lawyer is Board-certification because it shows a great amount of ability and experience. Another good mark of expertise is membership with the National College for DUI Defense. Even more suitable is the completion of the College’s rigorous 3 day seminar that takes place annually at Harvard Law School.

The qualities that you should be looking for in a San Diego California DUI lawyer are well-stated financial commitment, large amount of DUI cases and a strong background and a reputation of going to trial for strong defenses.

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Reader Question

Living a life here at San Francisco, California comes with a price. Engaging with the top executives of companies and establishments led to a much needed socializing that involves alcoholic beverages, which of course I can’t say no to it. This has taken its toll, and has led to my first DUI conviction.

A lot is at stake here, my career, my family and eventually my social status. It can ruin the life that I had before such conviction. I had heard of expunging a DUI conviction and somebody told me that it can solve my problem and that I can regain the life that I had before. Is there such thing as expungement?

Edward, San Francisco CA

Edward,

You got same questions from most of first offenders of DUI or even those who are convicted of DUI more than once. In the state of California, like other states in the US do allow you to expunge record of DUI conviction.

What expungement does, it seals your DUI conviction. All you need to do is to file a petition in court asking to expunge your DUI conviction record. The court will replace your plea into not guilty and then eventually dismisses your case. The effect of which is that when you are going to apply for another job that you want, there is no need to disclose any information pertaining to your DUI conviction.

To make it easier for you, try to contact an expungement lawyer who will do the hassle of filing a petition in court to expunge your DUI conviction.

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If you’re going to get a fee agreement with your DUI attorney in CA–and you absolutely have to–then you probably might not be completely clear on what it is. If you are going to have a fee agreement written up, which is something that should happen in your first consultation, then you will need to know a few questions so that you can ask them and guide the drafting of your agreement.

  • Services. Your fee agreement should have a list and description of everything that your DUI attorney in CA will do for you, or will be able to do.
  • Your end. There will also be a list of what you have to do to keep the lawyer-client partnership up and your case going.
  • Interests and extra charges. There should be a break down of the individual charges which will be part of the fee, and also an explanation of how they can change. And, of course, you should know how you will pay in a payment plan and the interest rate you will pay at.
  • Ask your DUI attorney in CA what is in your power to do to make sure you keep your case as inexpensive as possible.

Most of all, you shouldn’t forget that the fee agreement that you are being given isn’t completely certain most of the time. It’s your first consultation and more information will likely be needed, and things change. It’s an estimate, but it should give you an idea of the range you are dealing with.

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While I am of the opinion that you should be hiring an CA DUI lawyer in any kind of circumstance, I must admit that some people have fewer options and so, unless they are provided with a public defender, then they must rank their circumstances to see whether a DUI lawyer is absolutely necessary for them, because there are some cases where you are basically out of luck without a lawyer, whereas there are others where you can squeeze by without them.

  • You might get by without hiring an CA DUI lawyer if…

Being convicted criminally for the DUI could impede your chances of getting hired at a job, or if the job you currently hold requires bonding, or if the conviction could get you fired. You need someone who can explain the ins and outs of DUI law to you.

  • You probably won’t get by without hiring an CA DUI lawyer if…

This is DUI charge number two for you. You had twice the normal blood alcohol level when pulled over. A minor was with you.

  • You don’t have a chance without a DUI lawyer if…

This is DUI charge number three or above for you. Your DUI charge is the result of a serious accident. You are someone whose job requires driving, such as a taxi driver.

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Once you realize that you will be charged with driving under the influence of alcohol or drugs, it is time for you to seriously consider hiring on a Santa Ana California DUI lawyer. Even if your chances look pretty bad, it’s still possible that a lawyer can help get your charges lightened up. Even beyond just that, there are many ways that a lawyer can help you.

  • Education.

For the same reason you don’t go asking for legal advice on an internet game forum, you shouldn’t rely just on the information you, as a non lawyer, are able to dredge up from the internet and the library. Getting a free consultation with a Santa Ana California DUI lawyer can open your mind up to what DUI law is and how it can be applied to your particularsituation.

  • Ease.

If you hand your case over to a lawyer, then your own responsibilities drop significantly, and all you have to do is communicate your knowledge and show up, essentially.

  • Defense.

Most importantly, your lawyer can represent you for your reasons and knows what is most likely to get you a better punishment.

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Reader’s Question:

I’ve seen the words “AV rated” on the adds for some DUI lawyers. What is an AV rated California DUI lawyer?

Joanne

Great Question Joanne.

An AV rated California DUI lawyer is undoubtedly a lawyer of such quality that they were conferred the honor of being rated by their peers and colleagues. An AV rating is determined by other lawyers and measures the lawyer in question’s contributions to law and the community. Having a good AV rating implies a lot of things about the lawyer–it means they probably participate in learning and teaching about law, that they have many many years of experience, that they have proven to be successful both in their business and in their cases, that they are valuable to the law community, and more.

One setback for you here is that the prices these lawyers charge may cause you to faint. There’s really no point hiring an AV rated Oakland California DUI lawyer for a small, insignificant case, as that’s kind of overdoing it, but if you have a big one a lawyer with this rating might be necessary for success.

–Fashun.

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So, you’re time to consult with a San Jose CA DUI lawyer is nearing, and you aren’t sure what to do? It’s pretty simple. All you have to do is ask questions and try not to make a decision right away. You’ll want to consult with a couple more lawyers before you can do that. Instead, get the information that you need so that you can compare later. Here are a couple of important points to hit on when you are having a consultation with a prospective lawyer.

  • Right when you walk in, or even over the phone, stress that you need to have the consultation with the very same San Jose CA DUI lawyer who will be your representation if you end up hiring. Some firms try to do a switch around on you, but you need to speak with the correct person.
  • How much experience your possible lawyer has and in what can tell you pretty much everything you need to know. Look out for someone who spends at least half of their cases on defending DUI and who has a few years to sharpen their claws in the courtroom.
  • Price matters. Even though you can make monthly payments, still try to get the best lawyer for the least amount of money.
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