If you can identify the location of the police department responsible for the arrest, you will be able to determine where your family member or friend is being held.
For example, if they were arrested in West San Fernando Valley, then you will know that they are being held at the police department in that area of the San Fernando Valley.
Attorneys and bail bondsmen can quickly obtain information regarding an arrested person's whereabouts. If you let enough time pass, the person will be put in the sheriff's system, and you'll be able to see when they will go to court. The quickest and most efficient way to find out is to call a Los Angeles DUI attorney.
How To Find A Qualified Attorney To Represent You In A DUI Case
There are several ways to find a qualified attorney to represent you or a loved one in a DUI case. If you have come to this website or you're reading this book, then you have already found one who has been handling DUI cases for 25 years.
You'd like to obtain an attorney immediately so that you or your loved one's rights can be preserved and the best possible outcome can be obtained.
An attorney can help you or your family member get out of jail immediately after a DUI arrest by arguing to the judge for an OR release.
If you are not released before your court date, we are looking to determine whether or not you are a danger to the community or a flight risk.
When deciding regarding a bond condition or the possibility of being released on your recognizance, the court will consider how long you have lived in Los Angeles and whether or not you have a job, family, and property.
The court will also consider the nature of your conduct, what you did, how fast you were going, and how dangerous you behaved. They want to ensure you will not cause another accident because they could be responsible for it.
Depending on how high the blood alcohol level is, they may hold you until they can ensure that you are sober and no longer a danger to the community. You can hire a different attorney if you are unsatisfied with your DUI attorney's services.
You can call that attorney and tell them you are no longer interested in having them represent you. The new attorney you find would be able to contact the initial law firm, communicate with the DMV, and take care of the criminal court case.
How Is Being Under The Influence Defined In California?
In California, the simple definition of being under the influence is being unable to drive a vehicle as a sober person would under similar circumstances.
When someone is evaluating whether or not someone is under the influence for a DUI, they're not necessarily assessing whether that person is drunk. A lot of people don't realize that you don't have to be drunk to get a DUI; you just have to be under the influence to the point of being unable to operate a motor vehicle safely.
This is why there will be two charges against a defendant. One of those charges is California Vehicle Code 23152(a), which says that you have alcohol in your system and cannot safely operate a motor vehicle.
This charge has nothing to do with your blood alcohol content; you could be below 0.08 in California and still get convicted of a DUI.
The other section is 23152(b), which says that if you have a blood alcohol level of 0.08 or greater, then you are presumed to be unable to operate a motor vehicle safely. That presumption must be rebutted to avoid a conviction for DUI.
For the police to be able to say that a person was driving for a DUI, the car typically has to have been moving.
However, many times, people call me and say, “Listen, the police came, and I wasn't driving when they arrived.” So, then the question becomes based on the surrounding circumstances.
Can the police prove that the person was driving at some point, and if so, when?
The police would have to get the blood or breath test results and be able to extrapolate backward to figure out what the BAC was at the time of driving. One way of doing this would be to find a witness who reports seeing the person driving at a particular time.
However, the police will usually ask the person whether or not they drove the car, what time they were driving, and when they were drinking.
It's widespread for the police to find a person who is sitting or sleeping in their car and try to charge them with DUI by determining when they were driving.
According to Los Angeles case law, driving would be considered if the car were found to be blocking the road. If the vehicle was legally parked, not moving, and the keys were in the ignition, then the person in that car would not necessarily be considered to be driving. I've won several cases under those circumstances.
