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DUI Law: Common Mistakes with DUI Matters


  1. Not hiring a DUI attorney. You need to hire an attorney who does DUI cases on a regular basis.  Your attorney should be familiar with DUI and DMV issues and be able to apply them to your case as a defense.  Not all attorneys are the same; you should take the time to interview attorneys, make an informed decision, ask questions and feel comfortable with who is representing you.
     
  2. Not calling the DMV within 10 days of your DUI arrest date:  You must call to request a DMV-APS hearing to contest your DUI and request a STAY to preserve your driving privileges pending the outcome of your hearing.  Otherwise your license will be automatically suspended after 30 days of your DUI arrest.
     
  3. Thinking a DUI on your record does not matter. If convicted the case can affect you for 10 years as a prior offense and with the DMV on your driving record which will lead to increased insurance rates.
     
  4. Not reviewing your police report.  Many people do not read their police report and assume the information is all correct.  By falsely relying on the police reports as correct or not challenging the information in the reports, many defendable cases are lost.  The police write their own reports to support the arrests they have just made and rely on their own subjective interpretations and opinions in these reports.  Mistakes are routine. Review the facts in your case before just pleading to the charge, and fight for your rights.
     
  5. Relying on our Legal System to set you free.  The public defenders are for people who cannot afford an attorney for their own legal defense.  Our office typically does not handle more than 2-3 matters per day as compared to our public defenders who may have many more cases than that on any given day, the amount of time they spend with you on your case may be as little as a few minutes the day of your court.  The Judge or D.A. will assume the charges are correct and the police report is correct before they give you an offer.
     
  6. Forgetting the court date.  If you fail to appear on the date issued on your ticket you may be issued a warrant for your arrest.  Call us immediately if this has happened to you. The sooner we resolve this issue the better chances you may have of staying out of jail.  By hiring Perez & Perez you can take comfort the matter is handled in a timely fashion in an appropriate and professional manner.
     
  7. Not Requesting Discovery.  In order for a DUI case to be properly examined a request for additional discovery must be made to examine the evidence.  Many defenses to a DUI case rely on procedural mistakes during the police investigation, the time certain tests are performed, observations made, calibration of equipment, and blood split requests.  In every case it is your right to challenge the evidence and make the District Attorney prove their case beyond a reasonable doubt.
     
  8. Driving when you are not permitted to.  After a DUI arrest, if you fail to request a temporary license or a restricted license you may not drive.  If you are stopped for driving without a license, you might be charged with driving on a suspended license.  This is a serious charge and separate from your DUI case which may cause you to be arrested and given additional jail time or some lesser punishment including fines.
     
  9. Thinking that you can handle it on your own. You need to have an attorney from Perez & Perez go with you to Court.  If you are unable to go to court we may be able to appear for you at all of your hearings without your presence.  Call us today at 714-961-1966.
     
  10. Failing to comply with any judge's orders pertaining to you release.  Regardless if you are released Own Recognizance (OR) or if you paid bail, the judge can and may place restrictions and or requirements for you to comply with. In a DUI case with a high BAC level it is not uncommon for a judge to require you to provide proof of weekly AA class attendance while your case is pending.  If you fail to provide proof as ordered, the judge can take action against you and place you in custody for public safety.  If you have a problem completing a requirement, call us immediately so we can resolve the matter with the court.

 
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1440 N. Harbor Blvd., Ste. 900, Fullerton, CA 92835, Phone: (714) 961-1966, Fax: (714) 961-1972

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