The effective criminal attorney for DUI causing injury aggressively defends his clients to get the right results.
Just because a person was arrested for a DUI causing injury does not mean that he or she is guilty.
The skilled criminal attorney for DUI causing injury David Pflaum makes a difference for his clients.
IMPORTANT INFORMATION ABOUT A DUI CAUSING INJURY
A DUI causing injury arises when a driver of a vehicle is involved in an accident that causes substantial physical injury to another while the driver is under the influence of alcohol or drugs or both.
Felony. Driving while under the influence and causing injury to another results in a felony DUI. Punishment may range from probation to three years in prison (Vehicle Code section 23153).
If the injury to another resulted in great bodily injury, the prosecution may add sentencing enhancements under Penal Code 667.5 and 1192.7 that elevate the felony DUI to a violent and serious felony DUI that may add three years of additional punishment (Penal Code section 12022.7).
Misdemeanor. In some cases the injury to another turns out to not be very serious. As a result the case may be reduced to a misdemeanor punishable by up to one year in jail.
Factors. Some of the most common factors that the police and the prosecution will look at to determine whether the DUI is a felony or misdemeanor are the following.
- The extent of injury
- Blood alcohol content of the driver
- Drug content in the driver’s blood
- The cause of the accident
- Was there an accident reconstruction
- The driving pattern of the client
- Statements made to the police by witnesses
- Prior convictions for a DUI
- Statements made by the client
GET OUT OF JAIL
The procedures to get a person out of jail depend on the circumstances of the DUI case.
The judge may also consider the clients age, health, employment, and support from family members and friends.
Click on the following words to learn more: get out of jail asap.
DEFENSE ATTORNEY STRATEGY
The professional defense begins immediately with a client consultation to learn about the detention and the arrest, and the clients background.
Next Mr. Pflaum analyzes the prosecution file that includes the police investigation reports and conclusions, witness statements, statements by the client, body-worn videos, breath test results, blood test results, photos of damages, accident reconstruction reports, and medical records.
Defenses for a DUI causing injury depend upon the circumstance of the particular case and include the following.
- The client did not cause the accident
- The client did not violate any Vehicle Code
- No mental or physical impairment
- Rising blood alcohol
- No warrant for a blood test
- Faulty chemical testing
- Insufficient evidence
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Incomplete police investigation
Field Sobriety Tests. Most experts agree that field sobriety tests are simply 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.
SKILLED RESOLUTION OF CASE
The determination of how and when to best resolve a case depends on whether the charge is a misdemeanor or felony.
Additionally the evidence that supposedly supports the prosecution case may change over time to the benefit of the defense.
Plea Bargain. A plea bargain is a pretrial agreement between the prosecutor, judge, defense lawyer and his client that may eliminate or reduce the charges, and avoid or minimize the amount of time in prison.
Good plea bargains come about because attorney Pflaum presents favorable information about his client, develops the strengths of his client’s case, and weaknesses in the prosecution case, by carefully analyzing the accuracy of police reports conclusions, the victims medical records, blood and breath test results, witness interviews, and inconclusive or missing evidence.
Jury Trial. Some cases, depending upon the clients position and the evidence, may proceed to trial where Mr. Pflaum has substantial experience and success.
Determining the most effective trial strategy depends first on the quality of the law enforcement investigation, whether the client chooses to testify, accident reconstruction expert testimony, and the evidence available to the defense and prosecution.
Winning the trial begins by picking an excellent jury, making an effective opening statement, offering proper direct testimony, vigorously cross examining prosecution witnesses, and ending with a dynamic closing argument.
THE CRIMINAL ATTORNEY FOR DUI CAUSING INJURY DEDICATED TO JUSTICE
Call (760) 806-4333
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