What are the penalties for a first time DUI?

January 31st, 2011 Posted in Criminal Defense, DUI
Jan, 31 2011
4 Comments »

“I got arrested for DUI. What am I looking at here?”

It’s a question that a California DUI defense attorney is asked fairly frequently. Of course every case is different and the answer depends upon a number of factors. Were there any aggravating factors? Was there an accident? How high was your BAC? An experienced DUI defense attorney is going to ask you all of these questions and much more in order to determine what kind of a case you have. Who knows, perhaps police violated your legal rights and you can get evidence thrown out at the DUI suppression hearing. A skilled attorney will catch such a violation of  your rights immediately.

But for the sake of the question, let’s say we’re talking a simple first time DUI case with no aggravating factors, but nothing to contest at the DUI suppression hearing. DUI is prosecuted under California Vehicle Code VC23152. An arrest for DUI actually creates two separate proceedings against you, known as the “A count” and the “B count.” One is a judicial proceeding and the other is an administrative hearing at the DMV.

san francisco dui defense attorney
If you are convicted on both counts, you’re looking at:

  • Three years of probation
  • A $1200+ fine.
  • Three to four month first offender DUI school
  • Three to five days of sheriff work alternative program
  • Four months DMV drivers license suspension
  • An additional 90 day license restriction

Most people are shocked to learn how serious the legal consequences of a DUI. The penalties above don’t even take into consideration additional consequences, such as being dropped from your insurance, paying significantly higher rates, having a criminal record, social stigma and more. All in all it is overwhelming, especially for those who have never interacted with the criminal justice system before.

Fortunately there is a lot that a skilled DUI defense attorney can do to improve your situation. Motions can be filed. Deals can be made. Your DUI suppression hearing can be won. Cases can be dropped. There are never any guarantees, but a first time DUI is a serious life event, so hire someone that you trust to help you wade through rough waters.

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California Clean Record is Listed on Thumbtack

January 12th, 2011 Posted in Criminal Defense, Real Life
Jan, 12 2011
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Beahm Law and California Clean Record are now listed on Thumbtack.com under Experienced California DUI Defense. I was contacted yesterday by Heather Madison from the San Francisco company, who said that the site is looking for more area attorneys to participate.

Given the number of similar options available today for a San Francisco DUI defense attorney between Yelp, Avvo, LinkedIn and Facebook, it’s hard to know if it’s worth making use of another site. But I took a look around and like what I’ve seen so far, and since they’re from the Bay, they deserve a fair shot, right?

If you’re interested in Thumbtack, check out the San Francisco DUI page we set up there. We definitely welcome and appreciate your feedback.

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Why You Should Fight California Red Light Tickets

January 11th, 2011 Posted in Criminal Defense, Real Life, Tactics, Traffic
Jan, 11 2011
2 Comments »

Cvc21453 red light traffic ticket San francisco bay area

Cities throughout California including San Francisco, Los Angeles, Orange County and Sacramento have been using Automated Enforcement Systems or Red Light Cameras at intersections for years. The red light tickets are a huge source of revenue and their benefit to society is suspect at best. If there is one good piece of new it is this: Red Light Tickets create major procedural problems for the prosecution and such tickets can be beat.

In 2009, an Appellate Court in Orange County issued a ruling on automated red light tickets that left their enforceability statewide in doubt. If you receive a red light traffic ticket, don’t just give up. For less than the cost of your fine, you can hire an attorney to handle the case for you.

Instead, when most people get a red light ticket, first they get angry, and then they give up. That’s a big mistake. A conviction in California for a violation of CVC 21453 for running a red light includes:

  • A fine of over $400
  • One point against your license
  • A record of the ticket on your DMV report
  • An increase in your insurance premiums

However, an attorney can often get a red light ticket dismissed, or beat it at trial. That means no points on your license, no record of the citation, no traffic school, and no increase in insurance premiums. On top of that, your attorney can make a court appearance for you. That means you don’t have to miss work and wait in line for traffic court all day.

When you hire an attorney to handle a ticket, you are paying for the peace of mind of knowing that you are getting the best deal possible. A prosecutor will often give a deal to an attorney that he would not give to a person that is representing themselves. Like most areas of the law, you absolutely have the right to handle the matter yourself. However, in most cases, you are wise to seek the assistance of someone who has handled such cases many times before.

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