Tuesday, 09 February 2010
DUI IN SAN BERNARDINO?
Have you been arrested for a DUI in San Bernardino? Let us help you resolve your DUI case.DUI cases are common but can come with severe (and inconvenient!) penalties. It is important to understand that these cases can be complex and it is in your interest to have an experienced DUI lawyer defending you in Court. DUI cases can have a long lasting effect on your daily life since a conviction will usually result in the driver having to complete an alcohol class which can last as long as 18 months. Many people assume DUI's are cases in which nothing can be done--if the driver had a blood alcohol reading above the legal limit, then he is guilty and has no chance to win at trial. THIS IS NOT TRUE! There are many defenses to a DUI, even if the driver received a high blood alcohol reading. Remember, the officer has to have reasonable cause to stop you and if the detention or arrest is unlawful, then the breath or blood test will usually be suppressed and the case dismissed. If the alcohol test was conducted a long time after the suspect drove, or if the machine or testing procedure was not followed correctly, then the driver may have a great defense. There are many other possible defenses, some of which are "technical" and only applicable in DUI cases. Let Ann Gottesman evaluate your case and offer you the best advice and representation for your DUI case. She is a former Deputy Public Defender and is passionate about protecting the rights of those accused of a crime.
Common Questions Regarding DUI in San Bernardino, CA.
How long can I expect to be in jail for DUI?
In San Bernardino DUI cases you can expected to be released within 24hrs if it is your first offense and there are no aggravating circumstances such as injuries or reckless driving. The amount of time you are kept in jail will often be longer if you are on probation for another criminal case, or if you have multiple DUI convictions within the past 10 years. If you currently have outstanding warrants, especially from other counties, this can delay your DUI case in the San Bernardino Court. The wardens also take into account your alcohol level to make sure you are not impaired when leaving jail. The higher the alcohol content the longer you can expect to be held in jail in San Bernardino. Because San Bernardino County is more conservative than some other areas, San Bernardino DUIs must be fought aggressively and by an experienced attorney familiar with DUI law.
In San Bernardino DUI cases you can expected to be released within 24hrs if it is your first offense and there are no aggravating circumstances such as injuries or reckless driving. The amount of time you are kept in jail will often be longer if you are on probation for another criminal case, or if you have multiple DUI convictions within the past 10 years. If you currently have outstanding warrants, especially from other counties, this can delay your DUI case in the San Bernardino Court. The wardens also take into account your alcohol level to make sure you are not impaired when leaving jail. The higher the alcohol content the longer you can expect to be held in jail in San Bernardino. Because San Bernardino County is more conservative than some other areas, San Bernardino DUIs must be fought aggressively and by an experienced attorney familiar with DUI law.
What are the long term effects of having a DUI on your record?
Depending on your DUI charge, most San Bernardino DUIs are considered misdemeanor criminal offences. DUI's that involve injuries, severe accidents, multiple offenses, or other aggravating factors may be filed as a felony. A fourth DUI, even with no aggravating factors is usually filed as a felony by the District Attorney. If a misdemeanor, the criminal conviction can be expunged (cleared) from your Court record as soon as your probation is over and all fines have been paid. Once expunged, the case is dismissed and will not appear on your criminal record. If you have a felony DUI conviction, that can also be expunged, as long as you were not sentenced to any prison time. However, even if your court record is expunged, the DUI will remain on your DMV record for 10 years. Your DMV record can not be expunged. Keep in mind, there are some exceptions where certain government agencies and law enforcement agencies will continue to have access to your expunged records. After the expungement is finalized, you will legally be permitted to say you were never convicted of any criminal offence. If you received prison for your felony DUI, your record can not be expunged but a "Pardon" or "Certificate of Rehabilitation" can be requested for your felony DUI conviction. In such a case, the only way a pardon can be processed, is through your Governor of the current state the felony charge has been documented in. Once the pardon is acquired, then the expungement process would take place to remove the DUI from your record. Remember, as stated above, there is no problem expunging a felony DUI from your record, as long as you were not sentenced to prison (jail is OK!). For such a case, your felony DUI can be reduced to a misdemeanor and then expunged.
Depending on your DUI charge, most San Bernardino DUIs are considered misdemeanor criminal offences. DUI's that involve injuries, severe accidents, multiple offenses, or other aggravating factors may be filed as a felony. A fourth DUI, even with no aggravating factors is usually filed as a felony by the District Attorney. If a misdemeanor, the criminal conviction can be expunged (cleared) from your Court record as soon as your probation is over and all fines have been paid. Once expunged, the case is dismissed and will not appear on your criminal record. If you have a felony DUI conviction, that can also be expunged, as long as you were not sentenced to any prison time. However, even if your court record is expunged, the DUI will remain on your DMV record for 10 years. Your DMV record can not be expunged. Keep in mind, there are some exceptions where certain government agencies and law enforcement agencies will continue to have access to your expunged records. After the expungement is finalized, you will legally be permitted to say you were never convicted of any criminal offence. If you received prison for your felony DUI, your record can not be expunged but a "Pardon" or "Certificate of Rehabilitation" can be requested for your felony DUI conviction. In such a case, the only way a pardon can be processed, is through your Governor of the current state the felony charge has been documented in. Once the pardon is acquired, then the expungement process would take place to remove the DUI from your record. Remember, as stated above, there is no problem expunging a felony DUI from your record, as long as you were not sentenced to prison (jail is OK!). For such a case, your felony DUI can be reduced to a misdemeanor and then expunged.
Having a DUI conviction on your criminal record can adversely affect possibilities of future employment, because it will usually appear on a general background check by the employer. This is why obtaining an expungement is very important. I offer to expunge my Client's record for FREE after their probation is terminated.
your san bernardino defense attorney
A PASSION FOR DEFENDING, TAKING YOUR DUI CASES SERIOUSLY!
Ann Gottesman believes in providing the highest quality service and representation in San Bernardino. Her foundation has been focusing one-on-one with clients' needs and handling cases on her own. Her attention to detail and preparing a case has made her a reputable lawyer who has a proven track record to handle cases efficiently. When retained, Ann is aggressive and will subpoena all the discovery, including all reports done by the police, as well as calibration logs and dispatch logs. Nothing is missed when Ann Gottesman is handling your DUI case. Do you need legal help? Fill out our quick fill case evaluation form.
Read more about Ann Gottesman and why she is the lawyer you want to hire to defend you.
What is a DUI DMV hearing in San Bernardino?
A San Bernardino DUI DMV hearing is an administrative procedure that will determine your driving privileges. The following issues are discussed in these hearings was there probable cause for your arrest, was the arrest lawful and was the driver driving with a .08% or more blood alcohol level.
What is the process for a DUI hearing in San Bernardino?
You are not required to have a DUI DMV hearing in San Bernardino. But if you would like to contest your driving privileges you or an attorney must request a hearing with in 10 days. You have a right to a hearing because State and Federal laws provide that you should not be deprived of your own property without due process. San Bernardino DUI hearings are conducted on the phone typically but I usually conduct all my hearings in person because I think the chances to win are slightly higher.
What is a DUI SR22 in San Bernardino?
In San Bernardino you are required to file a SR-22 form after being arrested for a DUI. This form is used as proof of insurance on the vehicle you are driving.
What is a restricted license?
A restricted license is a license that restricts you from your normal driving privileges. Typically a restricted license for a DUI defendant is only good for commuting to and from work and the DUI class.
How long with my DUI record show on my records?
Because a DUI in San Bernardino is a criminal record this is typically on your records permanently. These records regarding your actual driving record can remain in varying lengths. In the state of California, San Bernardino your DUI record will remain for 10 years from the violation date. DUI conviction may be expunged from your record but the criminal record will typically still remain. Anyone who runs a criminal background check will be able to see your DUI records.
What is the expected time to resolve my DUI Issue in San Bernardino?
DUI cases in San Bernardino can vary in length. The DUI court case and DUI DMV hearing are proceeded very quickly in San Bernardino . The required classes from DMV can be anywhere from 3 months to 30 months. Most the time spent will be working on your DUI program with the DMV. Once your classes are complete and requirements are met you may be required to show proof with the courts.
Three Great Reasons to Work With Me!
Ann Gottesman offers:
1) Expertise and Experience.
2) Personal Consultation.
3) Payment Plans.
A personal touch attention and experienced representation are my key foundations for being successful DUI Lawyer in San Bernardino. I answer all my phone calls personally and promptly. I handle cases in Riverside, San Bernardino, Los Angeles, and Orange Counties.
Read how I can help you with your DUI case.
San Bernardino DUI Lawyer Office of Ann A. Gottesman
3638 University Ave., Suite 246
Riverside, CA 92501
Toll Free: (877) 3-LAW-NOW
Toll Free: (877) 352-9669
Cell Phone: (818) 606-3142
Fax: (626) 570-9602
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My Lawyer Credentials in San Bernardino
Admitted to The State Bar of California: 6/6/2006
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