A premier criminal lawyer in Vista for driving under the influence (DUI) charges, David Pflaum aggressively asserts the rights of his clients to get the best possible results.
Just because a person was arrested for a DUI does not mean that the person is guilty. The person has many constitutional rights and remedies.
Attorney Pflaum is a highly experienced criminal lawyer who makes a difference for his client.
EFFECTIVE SERVICES OF THE CRIMINAL LAWYER IN VISTA
People arrested for a first time allegation of driving under the influence in violation of Vehicle Code sections 23152(a) and 23152(b) are put in jail. Bail is usually set at $2500, though currently people are being released for free.
Most people post bail right away to get out of jail and are given a notice to appear in court at a future date.
Professional representation begins by meeting with the client to learn about the facts of the detention and arrest, and the clients general background.
Attorney Pflaum then examines with his client the police reports, witness statements, blood or breath testing results, and video recordings from police to determine the accuracy of the case.
These are the most effective defenses to a charge of driving under the influence.
- No legal impairment
- Rising blood alcohol
- No warrant for a blood test
- Successful completion of field tests
- Faulty chemical testing
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Inaccurate police investigation
IMPORTANT DEFENSE TACTICS
FOR DRIVING UNDER THE INFLUENCE
Other important areas of inquiry include the following.
The Detention. One important way to defend an accusation of a DUI is to determine whether the police had a valid reason to detain the accused.
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, and performance of the field sobriety tests.
If the client was 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 detained a driver, or prolonged the detention longer than was necessary, and the performance on the field sobriety tests.
If a judge agrees that the police had no valid reason to detain the driver, or that the driver performed well on the field sobriety tests, the case may be dismissed.
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.
RESOLUTION OF THE CASE
BY THE CRIMINAL LAWYER FOR DRIVING UNDER THE INFLUENCE
IN VISTA
The question of how and when to resolve the case depends on what is in the best interests of the client.
There are two fundamental ways to resolve the case in court.
A plea bargain is a pretrial agreement between the judge, prosecutor, defense attorney and the client to eliminate or reduce the charges, avoid or minimize the amount of time in jail, and reduce the fines.
Attorney Pflaum gets excellent plea bargains by exposing weaknesses in the prosecution case and by presenting favorable information about his client to the judge and prosecution.
Some cases, depending upon the clients preference and the alleged evidence, may proceed to jury trial where Mr. Pflaum has substantial experience and success.
Winning a jury trial begins by making a strong opening statement, offering proper testimony, cross examining witnesses, and closing with a compelling argument in support of the verdict: Not Guilty.
