If you can identify the location of the police department responsible for the arrest, then 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 the whereabouts of a person who has been arrested. 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're going to 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 a number of different 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 definitely want to obtain an attorney right away so that you or your loved one's rights can be preserved and so that the best possible outcome can be obtained.
An attorney can absolutely 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, then we are looking to determine whether or not you are a danger to the community or a flight risk.
When making a determination regarding a bond condition or the possibility of being released on your own 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 dangerously you were behaving. They just want to make sure that you are not going to cause another accident, because then they could be responsible for it.
Depending on how high the blood alcohol level was, they may hold you until they can ensure that you are sober and no longer a danger to the community.
If you are not satisfied with the services provided by your DUI attorney, then you can absolutely hire a different attorney.
You can simply call that attorney and tell them that you are no longer interested in having them represent you. The new attorney that 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 circumstance.
When someone is evaluating whether or not someone is under the influence for the purposes of a DUI, they're not necessarily evaluating whether that person is drunk. A lot of people don't realize that you don't have to be drunk in order to get a DUI; you just have to be under the influence to the point of being unable to safely operate a motor vehicle.
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 for 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 safely operate a motor vehicle. That is a presumption that must be rebutted in order to avoid a conviction for DUI.
In order for the police to be able to say that a person was driving for the purposes of a DUI, the car typically has to have been moving.
However, a lot of times people call me and say, “Listen, the police came and I wasn't driving when they got there.” 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 backwards 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 certain time.
However, the police will usually just ask the person whether or not they drove the car, what time they were driving and when they were drinking.
It's very common 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.
If the car was found to be blocking the road, then according to the case law in Los Angeles, that would be considered driving. If the car 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.
In fact, I've won a number of cases under those circumstances.
For more information on Friends Or Family Members In A DUI Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0979 today.
