A criminal defense attorney for a DUI in San Marcos with 30 years of experience, David Pflaum protects the rights of his clients and gets the best possible results for them in court.
Just because a person was arrested for a DUI does not mean the person is guilty. The accused has rights and remedies.
An experienced criminal lawyer like Mr. Pflaum makes a difference in the outcome of a DUI prosecution.
Get Out Of Jail. All 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 set at $2500. Most people post bail right away and get out of jail. They are given a notice to appear in court at a future date.
If the accused remains in custody there are several ways attorney Pflaum helps get him or her released from jail as soon as possible.
The procedures to get a person out of custody depends 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.
Click on the following words to learn more: get out of jail asap.
DEFENSE ATTORNEY FOR A DUI IN SAN MARCOS WINNING DEFENSE STRATEGIES
A successful DUI defense lawyer has expertise litigating cases prior to trial. The following area are important ways to successfully defend a charge of driving under the influence.
Attorney Pflaum meets extensively with his client in order to learn the details surrounding the investigation, detention and arrest. It is also helpful to learn about the client’s status including but not limited to employment, ties to the community, professional licenses, education, training, military experience, and mental and physical health. This information may be beneficial in resolving the case.
Mr. Pflaum also analyzes the criminal file presented by the prosecution including forensic evidence, the police investigation and reports, witness statements, 911 calls, video recordings from police body cameras and patrol units, in order to apply the best defense strategy.
The most common defenses that Mr. Pflaum may invoke to successfully defend his client for an accusation of driving under the influence of alcohol and/or drugs include the following.
- No proof of driving
- Failure to identify the driver
- No legal impairment
- Rising blood alcohol
- No warrant for a blood test
- Faulty chemical testing
- No criminal intent
- Insufficient evidence to prove the case
- No corroboration by an independent witness
- No witness identification of the accused
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Inconsistent police testimony
Other important areas of inquiry that Mr. Pflaum may utilize to defend the case include the following.
Did the Police Have a Valid Reason to Pull You Over. If the California Highway Patrol is involved, there should be a video recording of the incident. The video will prove if the police has a reason to stop you and if field sobriety tests were done correctly.
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. Most experts agree that field sobriety tests are coordination tests that do not significantly evaluate a person for sobriety.
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.
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.
DEFENSE ATTORNEY FOR A DUI IN SAN MARCOS ALTERNATE STRATEGIES TO RESOLVE THE DUI CASE
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.
Statistics show that nearly 95% of driving under the influence cases are resolved prior to trial by way of a plea bargain.
In many cases the client will never have to go to court. Mr. Pflaum does all the work on behalf of the client.
Plea Bargaining. A plea bargain is an agreement between the prosecution, judge, defense attorney and his client to resolve the case.
The plea bargain should eliminate or reduce the charges, avoid or minimize the amount of time in prison or jail, or provide for alternatives to jail and reduce the fines.
A client is under no obligation to accept a plea bargain offer, but it is the first stage in every criminal case.
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, and witness interviews to develop the strengths of a case.
Prosecution Weaknesses. By the same process the criminal defense attorney 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, videos that do not confirm the investigating officer’s account of the detention and arrest, and problems in the forensic evidence.
Effective Presentation. Attorney Pflaum 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 either immediately or at a future court date.
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 client’s preference and the facts of the case, proceed to trial.
Defenses at trial 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, and commonly include the following.
THE RIGHT DEFENSE ATTORNEY FOR A DUI IN SAN MARCOS FOR JUSTICE
Mr. Pflaum understands the needs of his clients charged with a DUI. He has decades of experience making a positive difference for them in the outcome of their cases.
Click on results or testimonials to learn more about how we defend charges of driving under the influence of alcohol and/or drugs to get the right results.
Call today for a consultation about your DUI case
(760) 806-4333