Recently in DUI - DMV Hearing Category

The DMV hearing process for any Los Angeles DUI case is serious and requires a knowledgeable Los Angeles DUI defense attorney.  A recent high-profile DUI case highlights how important the DUI court process is, as well as the DMV hearing segment of that process.

Billy Gillispie, the former head coach of the University of Kentucky's basketball team, recently pleaded guilty to charges of driving under the influence of alcohol.  The charges stem from an arrest in late August when Gillispie was pulled over in Lawrenceburg, Kentucky.  Officers at the scene smelled alcohol on Gillispie's breath and asked him to take sobriety tests, which he refused.  After pleading guilty to driving under the influence, Gillispie was sentenced to a 30-day suspension of his driving privileges, an Alcohol Drivers Education Program and fines and court costs totaling more than $1,000, which is the maximum fine for first-time DUI offenders in the state of Kentucky. 

This is not Gillispie's first brush with DUI troubles, though it is the first time he has pleaded guilty.  Gillispie was arrested in Tulsa, Oklahoma in 1999 on suspicion of driving under the influence as well as improper lane changing.  He eventually pleaded guilty to reckless driving charges.  Gillispie was also arrested in 2003 on suspicion of driving drunk, but charges in that case were eventually dismissed after it was determined that there was not enough evidence against Gillespie.  Gillespie had also checked himself into the John Lucas Athletes After Care program in Texas for an unspecified period of time for alcohol rehabilitation. 

While Gillispie's DUI troubles occurred in Kentucky, Texas and Oklahoma, they provide a great example for DUI offenders in Los Angeles.  DUI court process in Los Angeles can be extremely complicated, and there is no better way to get through it than by hiring an experienced DUI defense attorney.  An experienced DUI defense lawyer will tell you that for every one charge of driving under the influence in Los Angeles, there are actually two separate trials you will be involved in.  Being convicted with driving under the influence of either drugs or alcohol is a serious criminal offense that is often punishable by expensive fines, alcohol treatment programs, community service or even time in a county jail or state prison.  In dealing with DUI charges, you will also need the assistance of a DUI defense attorney in scheduling a DMV hearing in order to keep your driving privileges until after your criminal court proceedings have been completed. 

If you have been charged with DUI, you have just 10 days from the time of your arrest to schedule your DMV hearing, or your driving privileges will automatically be suspended until after your criminal proceedings are completed.  An experienced DUI defense attorney does more for you, however, than simply schedule your two hearings.  Your defense attorney may file pretrial motions either to suppress evidence he or she believes should be inadmissible or to have your charges dismissed altogether.  Lack of evidence and improper police procedure are two of the most common reasons for DUI charges being dismissed.  If you have been charged with driving under the influence of drugs or alcohol, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense.  Call us at 877-781-1570.

At Kestenbaum, Eisner & Gorin, our skilled Los Angeles DUI defense attorney team is dedicated to your freedom, your future and your well-being.  Any Los Angeles DUI charge could lead to serious consequences that affect your life, including career choices and more.  The Los Angeles DUI process involves many steps, including a DMV hearing, which could play a huge role in how the case is decided overall.   

For example, University of Kansas basketball star Brady Morningstar was arrested for driving while intoxicated on the Kansas Turnpike in Lawrence, Kansas.  Morningstar was arrested at 3:25 a.m. and released on $250 bond later that same morning.  Officials for the Jayhawks have already suspended Morningstar from playing any of the team's first semester games.  Morningstar will be allowed to practice with the team, but will not travel or suit up with his team until his suspension is completed, which might be a big loss to the team as Morningstar started in nearly every game last season.  Morningstar's arrest for driving while intoxicated comes just a few days after a campus brawl between the University's football and basketball players led to the imposition of a strict curfew and code of conduct rules put into place by the basketball team's head coach, Bill Self. 

While Morningstar's arrest occurred in Kansas, driving while intoxicated charges are no less serious here in Los Angeles.  In Los Angeles, there are essentially two trials for every one DUI or DWI charge, a Department of Motor Vehicles trial and a criminal trial.  A DMV hearing is used to determine whether or not you are able to retain your driving privileges up until your criminal trial.  You have ten days from the time of your arrest for either DUI or DWI to contact an experienced Los Angeles criminal defense attorney and schedule your DMV Hearing.  Failure to do so will result in the automatic suspension of your driver's license.  While being without a driver's license may be inconvenient enough, going through DWI criminal proceedings can be a scary experience for many people. 

Being convicted of a DUI or DWI, whether it is classified as a misdemeanor or felony offense, can leave you with a criminal record, limiting where you can work and even where you can live.  An experienced Los Angeles DUI defense attorney knows that seemingly small details can often make or break your case.  The officer who arrested you may not have followed the proper procedure during your arrest, or the breath analysis machine he or she used to determine your sobriety may be inaccurate.  Don't let your reputation and even your freedom be jeopardized. 

If you have been charged with DWI or DUI, and/or if you have a DMV Hearing upcoming, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have a combined 50 years in successfully defending against DUI or DWI charges and we know how to fight for you.

DMV hearings in Los Angeles that are DUI related are very tricky, and only skilled Los Angeles DUI defense attorneys who understand the process can effectively navigate the process.  The DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege only.
Only the following issues will be discussed at a DMV hearing in Los Angeles:
If you took a blood or breath or (if applicable) a urine test:

• Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
• Were you placed under lawful arrest?
• Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:

• Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
• Were you placed under lawful arrest?
• Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
• Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?

Handling these types of issues with the DMV, which could affect your ability to take your kids to school, go to work and head to the grocery store, means you need a Los Angeles DUI defense attorney who understands the process and can guide you through it.
The DUI Defense Lawyers at Kestenbaum Eisner & Gorin LLP understand firsthand the problems of proof prosecutors frequently encounter in proving DUI charges, because they have personal experience prosecuting DUI cases as former lawyers for the Office of the Los Angeles City Attorney and the Office of the Los Angeles County District Attorney.