Driving Under the Influence WE CAN HANDLE A DUI CASE FROM THE MOMENT OF ARREST TO THE COURT OF APPEALS.  All different kinds of people get charged with DUI’s.  It’s not just alcoholics, club-goers or party-girls. Doctors, lawyers, accountants, business professionals, students, police officers, and other responsible professionals out there have their share of DUI troubles.    It is illegal to drive while impaired by drugs or alcohol or with a Blood Alcohol Content (BAC) of 0.08% or higher. A person who feels “fine” may still be under the influence in the eyes of the law. Because the law provides for these “alternative” standards for a DUI conviction, it is possible for one person to be charged with multiple crimes even though only one event occurred.   In most cases, the police will arrest the suspected driver and release him or her the next day with a citation for the court date.  Upon release, IT IS IMPORTANT TO CONSULT WITH A QUALIFIED DEFENSE ATTORNEY IMMEDIATELY!  I explain below why it is not sufficient to wait until the court date in a DUI case to have the Public Defender appointed on the first day of court.  A qualified and experienced DUI lawyer will ensure that common pitfalls are avoided, which include pleading guilty when there is insufficient evidence, being overcharged, lacking expert analysis of BAC measurements, or failing to review the evidence for facts that support a strong defense or that can get a case reduced or dismissed.  The reality is that the D.A.’s office has the burden of proving that the charged crime occurred beyond a reasonable doubt. If they don’t have sufficient evidence, they cannot get a conviction. That is where we come in; to review the D.A.’s evidence, negotiate a plea deal based on the strength of evidence against you, or challenge the D.A.’s evidence and charges in court. Our job is to get you the best possible outcome under based on the facts of your case.  No lawyer can guarantee a particular result.  In fact, it is unethical for a lawyer to do so. However, investing in a lawyer, who will do the proper legal analysis of the facts, evidence and the plea offer, is worth it when the potential consequence is loss of a current job, a new career opportunity or even a hard-earned professional license.  It isn’t enough for a lawyer to have some criminal law experience.   You want a lawyer who has been trained to handle DUIs, who has conducted DUI trials, and whose practice includes handing DUIs on a daily basis.  The point is to ensure that your lawyer knows how to challenge the prosecution’s case to get you the best possible results!  In deciding to hire a DUI lawyer, the question you need to answer is whether it is worth it to you and your economic situation to fight your DUI.  It is a cost-benefit analysis but the right lawyer will do the analysis work to determine what’s the best end result in your case and not just plead you out. Hopefully, the following will help you make an informed decision:  What does DUI mean in California?  In California, it is illegal to drive while impaired by drugs or alcohol. To be proven guilty, the driver must be “impaired.” Impairment can be demonstrated by showing poor coordination. Prosecutors can do this by showing that an arrested person performed poorly on a field sobriety tests or by pointing to the fact that the driver caused a traffic collision. More commonly however, impairment is easily demonstrated by showing a Blood Alcohol Content (BAC) of 0.08% or higher.  Because the law provides for alternative forms of evidence for a DUI conviction, it is possible for one person to be charged with multiple crimes even though only one event occurred.  That is why a person arrested for DUI will have a ticket that shows two counts of DUI.    Doesn’t the fact that I got arrested mean I already lost the DUI case?  No, some DUIs are worth fighting.  Assuming the police arrest a suspected DUI driver, it is far from over. Once arrested, the suspected person will be compelled to give a breath or blood sample. Routinely, the suspected person will be released the next day after having had the opportunity to “sober up.” Upon release, the suspected person will be asked to sign a citation or ticket that shows the future court date.     This is the key.  Before you go to court, all the police did was develop a suspicion that DUI happened.  Police officers are not trained or empowered to decide if you are guilty.  ONLY a Judge in court can decide this. That is why you have a court date.  When it’s time to review the evidence against you – and present the evidence FOR you – in court is the crucial stage at which a qualified and resourceful defense attorney should be working for you.    The following are some of the important questions that can dramatically affect the strength of the case against an accused person.  Did the police have a legitimate reason to pull the accused person’s vehicle over?  Did the officers collect the evidence (blood or breath) in accordance with that laws designed to ensure scientific reliability of that evidence?  Does the police officer’s statement conflict with the video and audio recordings made during that arrest?  How much time elapsed before the police actually collected a blood or breath sample?  These are just some of the missing answers that can determine whether an accused person will lose his/her case and become a convicted person.  If your work, you have a professional license and some other economic concern depends upon it, you owe it to yourself to hire a qualified and resourceful attorney to get these answers.    Accused persons are entitled to a free attorney, why not just use a public defender?  Public Defenders are licensed attorneys, paid by the government to represent indigent, accused persons.  Many of them are very good attorneys.  In fact, Mr. Raul Sabado and Mr. Kratu Patel were both public defenders earlier in their careers. It provided them with a solid foundation to build their private practice upon.  Nonetheless, there are some good reasons why a public defender might not be right for you.  For instance, public defenders are not authorized to represent accused persons at DMV hearings.  DMV hearings are crucial because the DMV will take action to suspend an accused person’s driver’s license independent of what happens to in criminal court. Second, a DMV hearing is a valuable place to get access to evidence against you, often weeks before the District Attorney has to give it to you after your arraignment.  Also, even a good public defender has a duty to serve all needy clients who appear in court that day.  In other words, an accused person must share his one public defender with countless other clients who have the misfortune of having court and no lawyer that day as well. This makes it extremely difficult to get quality, dedicated time with a public defender attorney.    Lastly, all courts have a process to determine if your financial situation fits the definition of indigent and therefore qualifies you to use a public defender.  So you may or may not qualify and if you wait, you may miss out on some good opportunities to start defending your case.  DUIs are hard to beat, so why fight?  Accused persons may be inclined to believe “I might as well get this over with and plead guilty because I have no shot at winning.”  At least make sure that the conclusion that “no shot at winning” is based upon an analysis of your own case made after all the evidence is collected and with the assistance of a qualified criminal defense attorney who has handled thousands of DUI cases.  If you are making that decision alone or with the help of a non-qualified attorney, the decision is less than rational.  In fact, even people who had a DUI (or two) – whether they plead guilty or got it dismissed – can’t legitimately give you good advice.  That is because their whole understanding is based upon the facts of their own where in their own cases.  So don’t listen to them, because they are doing this without the benefit of thousands of cases behind them, trial experience, legal training, passing the bar exam, or even going to law school.    How do I know when an attorney is qualified to handle a DUI?    Unfortunately, there is no definite legal definition for what a qualified DUI defense attorney is.  But here are a few guidelines.   First, understand that there is no legal definition for “DUI Specialist.”  The California Bar does officially define and regulate a specialty in criminal law but it doesn’t relate specifically to DUIs. Lawyers simply use this as a marketing scheme.  Simply telling you they have a great “success record” is not meaningful because clients, not lawyers, are the ones who get to determine what “success” means.  For example, a client comes in and says, “I did it, just keep me out of prison.”  Another client might say, “I wasn’t driving drunk, please help me.”  These two clients will each define success differently.   What is important is that a lawyer has handled enough DUIs to have experienced the different kinds of DUIs multiple times over.  There are first time DUIs, DUIs with injuries, DUIs involving drugs, A-count DUIs, B-count DUIs, DUIs with GBI, DUIs involving death, 2nd, 3rd, and 4th time DUIs. Defenses run the gamut from rising blood alcohol, Title 17 violations, GERD, to no-driving.    Professor Raul Sabado has handled at least 6000 DUI cases and has handled the kinds of DUIs above several times over to 100s of times over.  This is enough to have determined what evidence will be sufficient for conviction, what defenses prosecutors will take seriously, what jurors think of certain kinds of evidence, when reduction or dismissal is justified, and what advantageous resolutions are available if a defense does not work.  In summary  DUIs can suspend a driver’s license, result in the loss of a professional license (i.e., medical, real estate, teaching credential, etc.), or cause disruption to or loss of employment.    A qualified and experienced DUI lawyer will ensure that common pitfalls are avoided.  Pitfalls include pleading guilty when there is insufficient evidence, being overcharged, lacking expert analysis of BAC measurements, or failing to review the evidence for facts that support a strong defense that can get a case reduced or dismissed.    Unfortunately, no lawyer can guarantee he/she will “win” or get the case dismissed.  In fact, it is unethical for a lawyer to do so.  However, investing in a lawyer who will do the proper legal analysis of the evidence, the plea offer, and can meaningfully bargain is worth the price.  It isn’t enough for a lawyer to have some criminal law experience. You want a lawyer who is a dedicated criminal defense attorney, who handles DUIs on a daily basis, who has conducted DUI trials, and whose practice includes handling every kind of DUI there is.  The point is to ensure that your lawyer knows how to challenge the prosecution’s case to get you the best possible results.
COVINA OFFICE 16033 E. SAN BERNARDINO RD., STE. 203 COVINA, CA 91722
RANCHO CUCAMONGA OFFICE 9375 ARCHIBALD AVE., STE. 313 RANCHO CUCAMONGA, CA 91730
CLAREMONT OFFICE 678 S. INDIAN HILL BLVD., STE. 210 CLAREMONT, CA 91711
CONTACT US EMAIL US TEL.: 909.626.2003 FAX: 909.626.5408
Case Results…  People v. F.H. (2011) Client was on probation for 1st DUI.  A 911 call reported a drunk driver in the neighborhood. Police responded and found Client passed out in driver's seat with the engine running, several open beer cans, and one cup of beer in cup holder with cold beer still in it.  Client was arrested and breath test was over .08.  Client admitted to driving home from a bar earlier.  Prosecutor charged Client with 2nd time DUI and wanted jail time and one-year license suspension. Mr. Sabado got the DUI dismissed and the Client pleaded to drunk in public. Client got no jail time or a license suspension.  People v. M.S. (2018): Client was arrested and charged with a DUI. Arresting officer had bodycam as evidence. After reviewing all evidence, James filed 1538.5 motion to exclude evidence on grounds that evidence was obtained in violation of Miranda warnings. James won the motion and the District Attorney dismissed the entire case against Client.  People v. J.M. (2017): Client was arrested on first-time DUI and charged with refusal to submit to chemical test, which carries an automatic one-year license suspension. Although the initial DMV hearing was lost, we appealed the DMV’s decision and won on appeal on grounds that the DMV lacked evidence to support its findings regarding the refusal. Client’s license suspension was overturned. Client also went to trial in criminal court and won.

Driving Under the

Influence

WE CAN HANDLE A DUI CASE FROM THE MOMENT

OF ARREST TO THE COURT OF APPEALS.

All   different   kinds   of   people   get   charged   with   DUI’s.      It’s not    just    alcoholics,    club-goers    or    party-girls.    Doctors, lawyers,   accountants,   business   professionals,   students, police   officers,   and   other   responsible   professionals   out there have their share of DUI troubles.  I t   is   illegal   to   drive   while   impaired   by   drugs   or   alcohol   or with   a   Blood   Alcohol   Content   (BAC)   of   0.08%   or   higher.   A person   who   feels   “fine”   may   still   be   under   the   influence in    the    eyes    of    the    law.    Because    the    law    provides    for these   “alternative”   standards   for   a   DUI   conviction,   it   is possible    for    one    person    to    be    charged    with    multiple crimes even though only one event occurred. In   most   cases,   the   police   will   arrest   the   suspected   driver and   release   him   or   her   the   next   day with   a   citation   for   the court     date.          Upon     release,     IT     IS     IMPORTANT     TO CONSULT    WITH    A    QUALIFIED    DEFENSE    ATTORNEY IMMEDIATELY!      I   explain   below   why   it   is   not   sufficient   to wait   until   the   court   date   in   a   DUI   case   to   have   the   Public Defender   appointed   on   the   first   day   of   court.      A   qualified and   experienced   DUI   lawyer   will   ensure   that   common pitfalls   are   avoided,   which   include   pleading   guilty   when there     is     insufficient     evidence,     being     overcharged, lacking   expert   analysis   of   BAC   measurements,   or   failing to   review   the   evidence   for   facts   that   support   a   strong defense   or   that   can   get   a   case   reduced   or   dismissed.     The    reality    is    that    the    D.A.’s    office    has    the    burden    of proving    that    the    charged    crime    occurred    beyond    a reasonable   doubt.   If   they   don’t   have   sufficient   evidence, they   cannot   get   a   conviction.   That   is   where   we   come   in; to    review    the    D.A.’s    evidence,    negotiate    a    plea    deal based    on    the    strength    of    evidence    against    you,    or challenge   the   D.A.’s   evidence   and   charges   in   court.   Our job   is   to   get you   the   best   possible   outcome   under   based on the facts of your case. No   lawyer   can   guarantee   a   particular   result.      In   fact,   it   is unethical   for   a   lawyer   to   do   so.   However,   investing   in   a lawyer,   who   will   do   the   proper   legal   analysis   of   the   facts, evidence    and    the    plea    offer,    is    worth    it    when    the potential   consequence   is   loss   of   a   current   job,   a   new career   opportunity   or   even   a   hard-earned   professional license.        It    isn’t    enough    for    a    lawyer    to    have    some criminal   law   experience.         You   want   a   lawyer   who   has been   trained   to   handle   DUIs,   who   has   conducted   DUI trials,   and   whose   practice   includes   handing   DUIs   on   a daily    basis.        The    point    is    to    ensure    that    your    lawyer knows   how   to   challenge   the   prosecution’s   case   to   get you the best possible results! In   deciding   to   hire   a   DUI   lawyer,   the   question   you   need to    answer    is    whether    it    is    worth    it    to    you    and    your economic   situation   to   fight   your   DUI.      It   is   a   cost-benefit analysis   but   the   right   lawyer   will   do   the   analysis   work   to determine   what’s   the   best   end   result   in   your   case   and not   just   plead   you   out.   Hopefully,   the   following   will   help you make an informed decision: What does DUI mean in California? In   California,   it   is   illegal   to   drive   while   impaired   by   drugs or    alcohol.    To    be    proven    guilty,    the    driver    must    be “impaired.”   Impairment   can   be   demonstrated   by   showing poor   coordination.   Prosecutors   can   do   this   by   showing that    an    arrested    person    performed    poorly    on    a    field sobriety   tests   or   by   pointing   to   the   fact   that   the   driver caused    a    traffic    collision.    More    commonly    however, impairment   is   easily   demonstrated   by   showing   a   Blood Alcohol   Content   (BAC)   of   0.08%   or   higher.      Because   the law   provides   for   alternative   forms   of   evidence   for   a   DUI conviction,   it   is   possible   for   one   person   to   be   charged with     multiple     crimes     even     though     only     one     event occurred.     That   is why   a   person   arrested   for   DUI will   have a ticket that shows two counts of DUI.  Doesn’t   the   fact   that   I   got   arrested   mean   I   already   lost the DUI case?  No, some DUIs are worth fighting. Assuming   the   police   arrest   a   suspected   DUI   driver,   it   is far   from   over.   Once   arrested,   the   suspected   person   will be     compelled     to     give     a     breath     or     blood     sample. Routinely,    the    suspected    person    will    be    released    the next   day   after   having   had   the   opportunity   to   “sober   up.” Upon   release,   the   suspected   person   will   be   asked   to sign a citation or ticket that shows the future court date.   This   is   the   key.      Before   you   go   to   court,   all   the   police   did was    develop    a    suspicion    that    DUI    happened.        Police officers   are   not   trained   or   empowered   to   decide   if   you are   guilty.      ONLY   a Judge   in   court   can   decide   this. That   is why   you   have   a   court   date.      When   it’s   time   to   review   the evidence   against   you   –   and   present   the   evidence   FOR you   –   in   court   is   the   crucial   stage   at   which   a   qualified and   resourceful   defense   attorney   should   be   working   for you.  The   following   are   some   of   the   important   questions   that can   dramatically   affect   the   strength   of   the   case   against an   accused   person.      Did   the   police   have   a   legitimate reason   to   pull   the   accused   person’s   vehicle   over?      Did the    officers    collect    the    evidence    (blood    or    breath)    in accordance   with   that   laws   designed   to   ensure   scientific reliability    of    that    evidence?        Does    the    police    officer’s statement   conflict   with   the   video   and   audio   recordings made    during    that    arrest?        How    much    time    elapsed before   the   police   actually   collected   a   blood   or   breath sample?      These   are   just   some   of   the   missing   answers that   can   determine   whether   an   accused   person   will   lose his/her   case   and   become   a   convicted   person.      If   your work,   you   have   a   professional   license   and   some   other economic    concern    depends    upon    it,    you    owe    it    to yourself   to   hire   a   qualified   and   resourceful   attorney   to get these answers.  Accused   persons   are   entitled   to   a   free   attorney,   why not just use a public defender? Public    Defenders    are    licensed    attorneys,    paid    by    the government    to    represent    indigent,    accused    persons.      Many   of   them   are   very   good   attorneys.      In   fact,   Mr.   Raul Sabado   and   Mr.   Kratu   Patel   were   both   public   defenders earlier    in    their    careers.    It    provided    them    with    a    solid foundation to build their private practice upon. Nonetheless,   there   are   some   good   reasons   why   a   public defender   might   not   be   right   for   you.      For   instance,   public defenders    are    not    authorized    to    represent    accused persons    at    DMV    hearings.        DMV    hearings    are    crucial because    the    DMV    will    take    action    to    suspend    an accused   person’s   driver’s   license   independent   of   what happens   to   in   criminal   court.   Second,   a   DMV   hearing   is   a valuable   place   to   get   access   to   evidence   against   you, often   weeks   before   the   District   Attorney   has   to   give   it   to you after your arraignment. Also,   even   a   good   public   defender   has   a   duty   to   serve all   needy   clients   who   appear   in   court   that   day.      In   other words,   an   accused   person   must   share   his   one   public defender    with    countless    other    clients    who    have    the misfortune   of   having   court   and   no   lawyer   that   day   as well.    This    makes    it    extremely    difficult    to    get    quality, dedicated time with a public defender attorney.  Lastly,   all   courts   have   a   process   to   determine   if   your financial    situation    fits    the    definition    of    indigent    and therefore   qualifies   you   to   use   a   public   defender.      So   you may   or   may   not   qualify   and   if you wait, you   may   miss   out on    some    good    opportunities    to    start    defending    your case. DUIs are hard to beat, so why fight? Accused   persons   may   be   inclined   to   believe   “I   might   as well   get   this   over   with   and   plead   guilty   because   I   have no    shot    at    winning.”        At    least    make    sure    that    the conclusion   that   “no   shot   at   winning”   is   based   upon   an analysis   of   your   own   case   made   after   all   the   evidence   is collected   and   with   the   assistance   of   a   qualified   criminal defense    attorney   who    has    handled    thousands    of    DUI cases.      If   you   are   making   that   decision   alone   or   with   the help   of   a   non-qualified   attorney,   the   decision   is   less   than rational.      In   fact,   even   people   who   had   a   DUI   (or   two)   whether    they    plead    guilty    or    got    it    dismissed    –    can’t legitimately   give   you   good   advice.      That   is   because   their whole   understanding   is   based   upon   the   facts   of   their own   where   in   their   own   cases.      So   don’t   listen   to   them, because    they    are    doing    this    without    the    benefit    of thousands   of   cases   behind   them,   trial   experience,   legal training,    passing    the    bar    exam,    or    even    going    to    law school.  How   do   I   know   when   an   attorney   is   qualified   to   handle a DUI? Unfortunately,    there    is    no    definite    legal    definition    for what   a   qualified   DUI   defense   attorney   is.      But   here   are   a few guidelines. First,   understand   that   there   is   no   legal   definition   for   “DUI Specialist.”      The   California   Bar   does   officially   define   and regulate   a   specialty   in   criminal   law   but   it   doesn’t   relate specifically    to    DUIs.    Lawyers    simply    use    this    as    a marketing   scheme.      Simply   telling   you   they   have   a   great “success   record”   is   not   meaningful   because   clients,   not lawyers,    are    the    ones    who    get    to    determine    what “success”   means.      For   example,   a   client   comes   in   and says,   “I   did   it,   just   keep   me   out   of   prison.”      Another   client might    say,    “I    wasn’t    driving    drunk,    please    help    me.”      These two clients will each define success differently. What   is   important   is   that   a   lawyer   has   handled   enough DUIs    to    have    experienced    the    different    kinds    of    DUIs multiple   times   over.      There   are   first   time   DUIs,   DUIs   with injuries,    DUIs    involving    drugs,    A-count    DUIs,    B-count DUIs,   DUIs   with   GBI,   DUIs   involving   death,   2nd,   3rd,   and 4th   time   DUIs.   Defenses   run   the   gamut   from   rising   blood alcohol, Title 17 violations, GERD, to no-driving.  Professor   Raul   Sabado   has   handled   at   least   6000   DUI cases   and   has   handled   the   kinds   of   DUIs   above   several times   over   to   100s   of   times   over.      This   is   enough   to   have determined     what     evidence     will     be     sufficient     for conviction,      what      defenses      prosecutors      will      take seriously,   what   jurors   think   of   certain   kinds   of   evidence, when     reduction     or     dismissal     is     justified,     and    what advantageous   resolutions   are   available   if   a   defense   does not work. In summary DUIs   can   suspend   a   driver’s   license,   result   in   the   loss   of a   professional   license   (i.e.,   medical,   real   estate,   teaching credential,     etc.),     or     cause     disruption     to     or     loss     of employment.  A   qualified   and   experienced   DUI   lawyer   will   ensure   that common   pitfalls   are   avoided.      Pitfalls   include   pleading guilty     when     there     is     insufficient     evidence,     being overcharged,       lacking       expert       analysis       of       BAC measurements,   or   failing   to   review   the   evidence   for   facts that    support    a    strong    defense    that    can    get    a    case reduced or dismissed.  Unfortunately,   no   lawyer   can   guarantee   he/she will   “win” or   get   the   case   dismissed.      In   fact,   it   is   unethical   for   a lawyer   to   do   so.      However,   investing   in   a   lawyer   who   will do   the   proper   legal   analysis   of   the   evidence,   the   plea offer, and can meaningfully bargain is worth the price. It   isn’t   enough   for   a   lawyer   to   have   some   criminal   law experience.    You    want    a    lawyer    who    is    a    dedicated criminal   defense   attorney,   who   handles   DUIs   on   a   daily basis,   who   has   conducted   DUI   trials,   and   whose   practice includes   handling   every   kind   of   DUI   there   is.     The   point   is to   ensure   that   your   lawyer   knows   how   to   challenge   the prosecution’s case to get you the best possible results.

Contact Us

909.626.2003 678 S. Indian Hill Blvd., Ste. 210, Claremont, CA 91711 1109 W. San Bernardino Rd., Ste. 250, Covina, CA 91722 30 N. Raymond Ave., Ste. 705, Pasadena, CA 91107 Assistant@sabadolaw.com http://www.sabadolaw.com