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Disclaimer:

THE INFORMATION IN THIS WEBSITE IS GENERAL IN NATURE, AND SHOULD NOT BE READ OR UNDERSTOOD AS LEGAL ADVICE.  IT SHOULD NOT BE SOLELY RELIED UPON IN MAKING A DECISION THAT MAY AFFECT ANY LEGAL MATTER.  ONLY A CONSULTATION WITH AN ATTORNEY REVIEWING THE FACTS AND CIRCUMSTANCES IN YOUR PARTICULAR CASE CAN GIVE YOU THE ADVICE YOU NEED.  

When Should I Call An Attorney?

You will be time and money ahead consulting an attorney at the first sign of potential trouble with the law.  While an attorney may not participate in or aid or abet a criminal act, an attorney can significantly minimize the impact on your life of having law enforcement contacting you for information, as a suspect, “person of interest” or in the context of facing an arrest.  If you wonder if there is a possibility that law enforcement thinks you are somehow anything other than a totally unrelated witness, you should probably call an attorney.  People related to a victim are often considered suspects.

EARLY INTERVENTION WORKS!

Should I Speak To Law Enforcement?

RULE # 1: You should never EVER volunteer information to law enforcement before consulting with an attorney.  You are often, but not always, advised by law enforcement that you have a right to do so.  When advised by the police, they mean it, because you are at least a “person of interest” and more likely, a suspect in their minds.  It is also likely that if you say you want to call an attorney, that they will advise you of various “down-sides” of doing so.

Rule #1 applies when speaking to an officer, an investigator or a District Attorney.  JUST STATE YOU WANT TO TALK, BUT THAT YOU WANT TO DISCUSS THE MATTER WITH AN ATTORNEY FIRST.  Ask to use a phone right then, AND SAY NOTHING, EVEN IF YOU WANT TO, UNTIL YOU HAVE HAD A CHANCE TO SPEAK TO AN ATTORNEY!!! 

Then, of course, be sure you actually call an attorney!  The advice you will get from an experienced attorney in the initial stages of an investigation will place you in a far better position to defend yourself if and when the need arises.

Call me immediately, day or night, so I can begin assisting you
early on, when it is most important

In my experience, most officers are honest and trustworthy.  But they are human, make mistakes like us all, and want to “make their case.”  It is often a good idea to speak to law enforcement, but once you speak, it is almost impossible to undo any problems or issues that develop because of statements you have made.  (If charged, legally, ALL your statements are characterized as “admissions,” and are probably admissible against you later.  In balance, the better course is to just remain silent!

What Should I Do If Arrested For “Driving Under the Influence” (DUI?)

In both California and Nevada, there are two actions that are triggered upon a DUI arrest:  A criminal court charge AND A DMV proceeding against your license.  Read about BOTH actions.  It is a complicated process, and highlights the need for an attorney at the earliest stages:

THE CRIMINAL CHARGE IN COURT

There are two charges commonly lodged upon such an arrest:

• A chemical test has established that the alcohol in an adult’s blood at the time you were driving exceeded the legal limit of .08% and
• Driving while under the influence or while intoxicated. The “I” in DUI refers to “impairment.” Impairment can be due to drugs (prescription or otherwise) alcohol OR any combination of them.  A chemical test can establish the presence of drugs and/or alcohol, and the levels of alcohol or certain drugs in your system.

These charges are “alternative,” that is, they need only prove one or the other…they both carry the same serious consequences in court.  If they also charge that you have a prior conviction for either of these, the consequences are very serious. 

There are defenses available to these charges, even if the chemical test is valid, so you should always consult an attorney before pleading guilty or no contest.

Upon an arrest, you will be asked to give a blood, breath or in some cases, a urine sample.  There is some case law indicating that a test can be forcibly administered.  There is research indicating that a urine test is more often subject to attack in alcohol-only cases, and that a breath test can’t effectively detect drugs.  But it is difficult and expensive to present such evidence in court.  Only very rarely are the testing procedures or equipment improperly handled by the police.  But these matters can be investigated.

Also, if you refuse a chemical test, your license is subject to, and will be suspended for a minimum of 12 months by administrative DMV action on a first offense AND your refusal can be used in court as evidence of guilt if you decide to take the case to trial.  Nevertheless, the absence of a chemical test or a test result that is subject to attack allows for the making of arguments at trial obviously unavailable if a valid chemical test has been conducted.

If you are arrested for an alcohol related offense, or for being under the influence of anything, the law calls for a minimum of 4 hours in custody.  Often, if it is your first offense and if there was no injury, you will then be released without the necessity of posting any bail at all. 

If convicted, the sentence, even the minimum sentence, is serious, and the terms of probation are strict, even on a first conviction.   On a first conviction, probation sentencing will include a substantial fine, an order to complete a “DUI” class program, a term that you not drive with ANY detectable amount of alcohol in your system, jail or community service time, a COURT suspension of your license, and other conditions.  You must reapply for your license after all suspensions, including the DMV suspension, are completed. 

To reapply for your license, you must pay an application fee, and file proof of current insurance confirming your insurance company knows about your conviction by filing an “SR-22” form.  (This form can be used in most states.)  It is possible to get a “restricted” license allowing driving for employment, the DUI program, and, possibly, for other “critical needs.”   A conviction for driving on a suspended license carries very stiff penalties, including mandatory jail time.  Subsequent DUI arrests within certain time periods of a previous conviction carry even more serious consequences in court and the DMV.

THE DMV ACTION AGAINST YOUR LICENSE:

The arresting officer will take your California license upon arrest, and give you a “pink” temporary license, good for only 30 days.  (If you are licensed in a different state, you should keep your license, but still get the “pink” temporary one.)  In 30 days, the California DMV will suspend or revoke your driving privileges in California, AND the California DMV will notify all other states’ DMVs of the suspension/revocation.

HOWEVER, AND THIS IS IMPORTANT:  You can extend the 30 day temporary license, and perhaps avoid a DMV suspension altogether (and the notification of suspension to your home state) if you request a hearing before the DMV within 10 days of receiving the temporary “pink” license.  The purpose of the hearing is to challenge the justification for the suspension.  An attorney can be particularly helpful at this stage, so be sure to contact one!  Realistically, the DMV hearing is the only chance to interview the officer under oath before trial, and sometimes, even if the suspension is sustained, extremely valuable information or facts come to light in the hearing that can help your case in the criminal court proceeding.

If you have a license from another state, and depending on you home state, your license can be suspended or revoked by your home state as well.  California’s DMV or court suspension continues until cleared.  Before getting your California license or if you have an out-of-state license, your privilege to drive in California back, you must “clear” the suspension by reapplying.   Even if you have an out of state license you will probably have to “clear” the California suspension as part of the reapplication process for a license in your home state.  As stated above, to reapply for your license in California, and in most states, you must pay an application fee, and file proof of current insurance confirming your insurance company knows about your conviction by filing an “SR-22” form.  In most states, It is possible to get a “restricted” license allowing driving for employment, the DUI program, and, possibly, for other “critical needs.”  Not all states take action upon a California DMV suspension.

You still have to face the Criminal charge, and if found guilty, the license suspension the Court will impose.  That suspension is also usually posted on one of the interstate driver’s license compact, thereby reporting it to all states, and upon actually receiving notice from either the California DMV OR your home state DMV about a license suspension, you must abide by the terms of it.  The reapplication process in most states (including Nevada) is similar to the one in California.  If you have a Nevada license, and Nevada learns of a court imposed license suspension, the Nevada DMV will also suspend your license for 90 days—45 days of total suspension, and if qualified, 45 days of partial suspension.  You do not get credit for time you don’t drive due to a California suspension; the 90 days starts upon being notified by the Nevada DMV of the suspension. 

THE BEST OUTCOME IS A “SET ASIDE” OF THE DMV SUSPENSION, AND AN ACQUITTAL (OR SIGNIFICANTLY REDUCED CHARGE) IN THE CRIMINAL COURT PROCEEDING.  Besides providing for an aggressive defense to the DMV proceeding AND the criminal court charge, an experienced attorney can be very helpful in co-coordinating the times of any unavoidable suspensions to overlap, or to receive suspension time credit concurrently with any California DMV suspension.

How Much Do Attorney's Charge For A Defense?

KIM LAVALLEY’S ATTORNEY’S FEES ARE SET ACCORIDING TO THE ISSUES HE WILL LITIGATE OR COORDINATE, AND HOW FAR THE CLIENT WANTS TO PROCEED IN MOUNTING A DEFENSE TO THE CRIMINAL COURT CHARGE AND TO THE CALIFORNIA/HOMESTATE LICENSE SUSPENSION PROCEEDING.  MINIMUM FEES CAN BE AS LOW AS $500.00!  AND IF PERSONALLY APPEARING IN COURT POSES A HARDSHIP, HE CAN MAKE MOST, IF NOT ALL, APPEARANCES FOR YOU. If the client desires, Kim LaValley will aggressively dispute every piece of evidence against you before the DMV and in court. Whether this is the best approach depends on the client's individual situation and the facts from both law enforcement's and the client's perspective.  General strategic advice is also provided to clients.  Advice provided soon after an arrest will make the biggest difference in your defense.

Given the seriousness with which DUI cases are now regarded by society and the courts, the best advice is:  DON’T DO IT!  Don’t even take a chance.  If in any doubt at all, call a cab or get a ride.  The risks to both you and the innocent make DUI a very serious problem you can easily avoid.

What Should I Do If I Am Arrested For Any Other Charge?

Firstly, don’t panic.  Bail Bond companies charge a lot, but they often can get you released quickly.  An attorney can help you arrange to post bail, or arrange other means of release that can be much less expensive. 

RULE # 2:  Remember Rule #1, above:  Don’t volunteer information until you have consulted with an attorney!!!

YOU ARE ALLOWED TO MAKE A PHONE CALL, and sometimes more than one call. 

Call me immediately, day or night, so I can begin assisting you
early on, when it is most important

In my experience, the vast majority of officers are honest and trustworthy.  But they are human, make mistakes like us all, and want to “make their case.”  It is often a good idea to speak to law enforcement, but once you speak, it is almost impossible to undo any problems or issues that develop because of statements you have made.  (If charged, legally, ALL your statements are characterized as “admissions,” and are probably admissible against you later.  In balance, the better course is to just remain silent until you consult an attorney!

Do I Need To Personally Appear After Signing A “Promise To Appear”?

YES, BUT…..in some cases, an attorney can appear on your behalf.  This is especially helpful if you live out of the area.  Call Kim for a free consultation.
 
Make a note in your cell phone of Kim LaValley’; number: (877) 233-8359. Contact him now, and he’ll send you some business cards!