The well known Encinitas DUI defense lawyer with 30 years of successful experience, David Pflaum aggressively asserts the rights of the accused.
Don’t think that just because you got arrested for a DUI that your only option is to plead guilty, go to jail, pay a large fine, attend an alcohol school, lose your license, and ruin their record.
You have constitutional rights. Let a skilled criminal lawyer like attorney Pflaum fight for your rights and make a difference in the outcome of your case.
THE ENCINITAS DUI DEFENSE LAWYER HELPS IF A CLIENT IS IN CUSTODY
When a client is in jail, there are several ways attorney Pflaum helps him or her get released from jail before the first court date or during the first court date at the arraignment.
The procedures to get a person out of custody depend on the circumstances of the alleged crime and the present status of the accused, i.e., ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references.
The release of the client can be accomplished by posting bail right away. The advantage is that the accused is released the same day. The disadvantage is the bail bond may cost a lot of money that is not refundable.
The release of the client can also be accomplished at the first court date by requesting from the court a release from custody without posting bail, also called a release on the client’s “own recognizance.”
Click on the following words to learn more: get out of jail asap.
YOU HAVE OPTIONS WITH THE ENCINITAS DUI DEFENSE LAWYER
Attorney Pflaum determines the best legal defense strategies if you are facing charges for driving under the influence under California Vehicle Code sections 23152(a), 23152(b), 23153(a), or 23153(b).
If you have three or more prior convictions for DUI, or if you were involved in an accident that injured another during an alleged DUI, click here: felony DUI.
ENCINITAS DUI DEFENSE LAWYER STRATEGIES
Strategic Defense. Defenses depend upon the nature of the evidence, or the lack of necessary evidence, witness statements, police officer testimony, admissions or statements made by the accused during the investigation, video tapes, breath or blood test results, and commonly include the following.
- No proof of driving
- Failure to identify the driver
- No impairment
- Rising blood alcohol
- No warrant for a blood test
- Faulty chemical testing
- No criminal intent
- Insufficient evidence
- No corroboration
- No witness identification
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Improper or incomplete investigation
- Inconsistent police testimony
Additionally, the following areas of criminal DUI law are important.
Did The Police Have A Valid Reason To Detain You. One important way to defend an accusation of a DUI is to determine whether the police had a valid reason to detain you or pull over your car.
If the California Highway Patrol is involved, there should be a mobile video audio recording system (“MVARS”) of the driver operating his or her vehicle before he or she was pulled over.
If you were arrested by another law enforcement agency, most of them now have body cameras that may be helpful in proving whether the field sobriety tests were done correctly, and that the accused was not under the influence of alcohol.
The vehicle and body camera video recordings can be very helpful to challenge the reason why the police stopped your car, or prolonged the detention of you longer than was necessary, or the performance on the field sobriety tests.
If a judge agrees that the police had no valid reason to stop your car, or that you performed well on the field sobriety tests, the case may be dismissed.
Sobriety Checkpoint. If you were stopped at a sobriety checkpoint, there are procedures the police must follow in order to obey the law. If the police did not follow the procedures, a judge may dismiss the case.
Field Sobriety Tests. The results of the field sobriety tests can vary from person to person. Most experts agree that field sobriety tests are coordination tests that do not significantly evaluate a person for sobriety.
The police almost always claim that a person “failed” the field sobriety tests, but there are numerous ways to show that a person performed them just fine and the person was not under the influence.
Alcohol Tests. There are three separate tests available to law enforcement: 1) a preliminary alcohol screening (“PAS”) device; 2) a intoxilizer; 3) a blood test.
The PAS test requires consent, and that the PAS operator have training and calibration logs for the device.
The intoxilizer machine is located at the jail and requires certifications and that the officer observed the client continuously for 15 minutes prior to giving a breath sample and that the machine was tested prior to and after the person gave a breath sample.
A blood test requires the consent of the person who was arrested or a warrant. The results of the sample are not available for 2-3 weeks, and may be retested by an independent forensic toxicologist.
Driving Pattern. The manner in which a person was driving is an important factor. If a person was pulled over for a minor equipment violation, or some other minor infraction, there are jury instructions that will help you possibly win your case.
HOW THE ENCINITAS DUI DEFENSE LAWYER WINS DURING THE COURT PROCESS
Once Mr. Pflaum has the best information about the case, which includes the full background of his client, the client’s account of what caused the arrest, witness statements, the evidence seized by the police and other evidence that may be applicable, he appears in court to negotiate a plea bargain with the prosecution and the judge.
In many cases the client will never have to go to court. Mr. Pflaum does all the work on behalf of the client.
A plea bargain is an agreement between the prosecution, judge, defense attorney and his client to resolve the case.
A plea bargain should eliminate or reduce the charges, avoid or minimize the amount of time in prison or jail, or offer alternatives to custody, reduce the fines, and may allow for a modification to be built into the deal for even a better result upon successful completion of probation.
A client is under no obligation to accept a plea bargain offer, but it is always for first stage of a criminal prosecution.
Defense Strengths. Good plea bargains come about because attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, the medical records, videos, photographs, tape recordings, 911 calls, forensic evidence, witness interviews, and everything else associated with the case to develop the strengths of a case.
Prosecution Weaknesses. By the same process Mr. Pflaum looks for and develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, discrepancies in the conduct of the investigating officers, missing or inconclusive evidence, and problems in the forensic evidence.
Effective Presentation. The criminal defense attorney then makes a persuasive presentation to the judge and prosecutor about the strengths of his client’s case, and weaknesses of the prosecution’s case, to achieve an excellent plea bargain for his client.
If the plea bargain offer is accepted by the client and his defense attorney, the case then proceeds to sentencing immediately or to a future date for sentencing.
If the plea bargain is not accepted, then the client and the defense attorney continue to aggressively defend the case as it heads towards a trial.
Jury Trial. Some cases, depending upon the evidence and the client’s choice, may proceed to trial.
ENCINITAS DUI DEFENSE LAWYER PROVEN RESULTS
Mr. Pflaum stands tall as the relentless legal representative of the accused. He understands the needs of his clients and the stress of dealing with legal issues.
He has the proven skills, experience and dedication to clients to make a difference for them. Trust him to make a difference for you as well.
Click on the words results or testimonials to learn more about how the Encinitas DUI defense lawyer defends charges of driving under the influence of alcohol and/or drugs.
For immediate help contact the right defender
(760) 806-4333
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