Hedding Law Firm

Category: DUI

Are Miranda Rights Mandatory in a DUI Traffic Stop?

The Miranda Rights get their name from the famous Supreme Court Case Miranda v. Arizona, which established that the police must “read you your rights” after an arrest and before they ask you questions. Thousands of people get arrested for DUIs routinely. When meeting with defense lawyers, they frequently say they were not read their Miranda rights.  Many DUI defendants believe that this can be used to help them avoid a conviction. However, this is mostly a myth. I will tell you; there are limited situations where it could be helpful to your case as prosecutors typically have other evidence… Read More

Best Strategy for Dealing with the DMV in a DUI Case

DMV hearings and arrest for a DUI under California Vehicle Code 23152 VC are closely related. The Department of Motor Vehicles (DMV) controls someone’s driver’s license, meaning they enforce the laws related to the suspension of a license. Whenever someone is arrested for a DUI, and their license is taken away, one of the aspects of the DUI case is dealing with the DMV.  Unfortunately, they have a lot of power in these cases because they can suspend your driver’s license. Part of getting a driver’s license in California is subjecting yourself to being tested by the police if they… Read More

What Are the Penalties for a DUI Conviction?

Anybody who gets a DUI in Los Angeles County realizes they have a problem because the police will send them to court. Depending on their case circumstances, they’re potentially facing losing their driver’s license and even jail time. So, I thought it might be good to talk about some of the potential punishments related to DUIs in LA county. First, you have to talk about the DMV.  A possible punishment with the DMV for a first-time DUI is the loss of your driver’s license for six months. Often, a defense attorney can get just a 30-day loss of the license… Read More

What Triggers a Prosecutor to Charge Murder Related to DUI?

In severe cases of driving under the influence causing the death of another person in a car accident, we are often asked what triggers the Los Angeles District Attorney’s Office to charge someone with murder? DUIs are very commonplace in Los Angeles, California, especially with all of the bars and clubs and the vast population drinking and driving — especially on the weekends, people are getting pulled over, arrested, and cited for DUIs. But there’s an interesting trend that’s taking place where if you’re involved in any DUI accident, and somebody dies, the Los Angeles District Attorney’s office will charge… Read More

What are the Best Defenses for DUI Causing Death Cases?

In California, a DUI causing death could be charged as a Penal Code 187 PC “Watson” murder, Penal Code 192(c) vehicular manslaughter, or Penal Code 192(b) involuntary manslaughter. For the past 30 years, I’ve been defending people who have been involved in accidents that have caused the death of other people, whether it be from driving while intoxicated on alcohol or some drug, or even a situation where they were speeding or driving recklessly and death resulted and the prosecutor charged the case as murder. These DUI deaths are very tragic for everybody involved.  Sometimes the prosecutors will even charge… Read More

How Does an Accident Impact a DUI Arrest?

I’ve done thousands of DUI cases over the last 30 years, and probably one of the worst things that can happen is that you are involved in an accident.  Of course, there’s a sliding scale on that. There are minor accidents involving nobody – just crashing to the curb or a light pole or some bushes or something like that, which is not that big deal. However, it does exacerbate the DUI under California Vehicle Code 23152 VC. Then, there are those situations where somebody is killed in an accident or seriously hurt, and you are being blamed.  You are… Read More

The Anatomy of a DMV Hearing Related to a California DUI

DMV hearings go hand in hand if you’re arrested for a DUI under California Vehicle Code 23152 VC in Los Angeles.  The DMV, the Department of Motor Vehicles, basically controls the person’s driver’s license, so they’re going to be the enforcement arm of the courts as it relates to the person’s license. So, when you go to criminal court, the judges very rarely get involved with anything with your license.  They may say that you have to comply with whatever the DMV orders, but they typically don’t start suspending people’s driver’s licenses because they allow the DMV to do that.… Read More

When is a DUI Murder in California?

Unfortunately, a segment of our population ends up getting prosecuted for murder and is facing the rest of its life in prison.  If you get a second-degree murder related to a DUI, you’re looking at 15 to life, and then you’ve got the added problem of after you serve 85% of 15 years, the parole board still has to let you out, and they don’t have to do it, so you could end up spending the rest of your life in prison. When we talk about when DUI is murder, we’re talking about politics to a degree, especially at the… Read More

Can a Driving Under the Influence Case Be Dismissed?

Of course, the answer to this question is yes, it can.  But, don’t be fooled by these attorneys who are claiming they can dismiss DUIs at will because most of the time, if you get arrested for a DUI, you’re going to have to deal with it.  It’s not just going to get dismissed. As you probably know, California, in particular, takes DUI charges very seriously. Politically speaking, Mothers Against Drunk Driving and other organizations, including the California Highway Patrol, have much political power related to DUIs. So, it boils down to whether the prosecutors can prove the case against… Read More

What If You’re Involved in a DUI and Someone is Killed?

This is an interesting question because you were driving under the influence, and death occurred; it doesn’t necessarily mean that you can be held responsible for the death. It gets into what we call in the legal field a causation issue.  In other words, are you the one that caused the death? Sometimes, you could be sitting at a red light, intoxicated, and someone rams you from the back and kills themselves.  That’s not going to be your fault, as long as you were doing everything lawful. They can’t blame the death on you because regardless of whether or not… Read More

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