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September 1, 2017 | admin How Can I Get Arrested for a Los Angeles DUI if I have had No Alcohol?
Many people believed that an individual could only be charged with DUI if a person is only intoxicated with alcohol. This assumption is wrong at all. An individual can be charged under the influence in Los Angeles without even tasting a single shot of liquor. An individual who is accused of driving under the influence is under California vehicle code 23152 and California 23153.
California under 23152 is a stature that a person is charged when the case is a misdemeanor. Section (a) under California 23152 says that these accusations are specific to those individuals who are absolutely under the influence of alcohol. Section (f) is charged to such persons who are under the influence of drugs and section (g) says that is unlawful for the person to the drive under the influence of both drugs and alcohol. This scenario means that any narcotics including medications that are prescribed by doctors can lead to DUI charges.
A typical example, is when a person has a lot of anxiety and stress from school or work. One decided to visit a therapist to help her manage anxiety and stress. The therapist will prescribe the drugs that will assist one to relieve stress and anxiety. Before one reaches home, one decides to take the first dose. When the treatment starts reacting to the body unfortunately during driving, and the case of accident happens, the authorities will charge with under driving under the influence. Even if someone was not aware that the drugs will lead one to be intoxicated, or cause any harm or injury before, the case is still the same.
There are some ways to stop the charges. One should hire a lawyer immediately, present evidence, witnesses and also a possible recommendation from the community. Recommendation letters from the community will help one to give a good character on behalf of the individual. The lawyer should be qualified in dealing many DUI charges. The lawyers should also understand the prescription drug cases too.
When an attorney has all the evidence at hands, he/she will go through all the reviews and determine what happened exactly during the time of arrest. Also, they will find out why the officer believes that the evidence is enough to charge the person with formal DUI. The attorney will find all the holes in the legal process and determine the arguments and weakness that the prosecutors can make potentially during the time of hearing the case.
The attorney will contact the attorneys before the formal charges are filed against the suspect. The attorney will speak to the judges on the facts about the case. The lawyer will inform the prosecutors all the weakness in the case and provides all the relevant arguments that prove that it is only a waste of time to press the formal charges against that person who was arrested. The lawyer will also explain to the prosecutors that it is also a waste of resources to bring the person into the formal charges. Also, like the police department, the attorney has good working relationship with the prosecutors. This relationship is essential because they will quickly hold them and talk to them about the case.
The license of a person might be suspended for not less than 30 days. Also one can face a criminal charge where it involves three processes. A person is first brought to arraignment, the second thing is to enter a plea, and the last thing is to continue to trial process. The lawyer can negotiate it with the responsible authorities before it arrives at the trial process. A lawyer will be able to underestimate the rights of the officers who arrest a person. An attorney will submit substantial evidence that the rights of the person were violated during the time of detention.
The penalties for a DUI charges are significant. It includes several consequences including jail, court costs, fines, education/treatment programs, limited driving privileges and a suspended license. Whether anyone gets injured during suspected driving under the influence and how severe the prosecutor is, a good attorney will reduce the severity of the case even if the person is convicted. It is important for a person arrested for DUI case to practice careful driving because the second and subsequent penalties for driving under the influence are more than the first offense. It is possible to win the case of DU charges depending on the quality of a lawyer.