Law Office of Eric Whitaker
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The Court and DMV
DMV
I'd like to appear at your DMV hearing. Let me contact DMV and set a date for your hearing. I'll ask for all the evidence and see if anyone made any mistakes. I will try and save your license. I will try and get you a restricted license to drive to and from work. Read my DMV PREHEARING BRIEF. (sample)
COURT
I would like to appear at Court for you. Please allow me to handle the arraignment and pre trial conference. Let me obtain the discovery and put pressure on the DA's office. I have motions for most situations that you feel were unfair. Do you feel like you weren't that drunk? Or that you shouldn't have even been pulled over in the first place? Was it a checkpoint? Did you do well on the tests? If you felt something about the arrest was unfair I will fight for you. Even if the police did not make any mistakes you still want to negotiate for the best possible offer. Read my MOTION TO SUPPRESS evidence from a dui checkpoint. (sample)
SERVICES AND FLAT FEE
I charge an inexpensive flat fee for first or second time dui charges. Call me for a quote. My goal is to explain to you the system, talk about the case and answer your questions, and do what you think is best based on an informed understanding of the situation and my suggestions. When you look at the arrest you are usually looking for two or three potential openings. When you look at the field sobriety tests there are more opportunities for motions. Checkpoints have a couple, breath tests, blood tests and so on. In the end each DUI attorney is looking for twenty or so chances that someone made a mistake. Mistakes make all the difference in terms of winning your case or getting a better offer.
POLICE REPORT
There is a 2 page boilerplate police report, of interest are the areas titled, admonition of rights, witnesses, time of arrest, evidence, location, date of arrest, waivers, whether anything was wrong with the car, if you were sick or injured, physical impairments, diabetic, insulin, last sleep, length, eat, when, describe, who, what when, where and why. Then I look at the what the officer claimed were the objective signs, the field sobriety test location, the preliminary alcohol screen information (PAS) information (breath test), the chemical test information (Breath, Blood or Urine) and the trombetta advisement (lets you know that if you want a sample to test it needs to be blood or unrine). Attached to the police report is the officer’s narrative. This written by the officer and it contains the first observation, the observations after the stop, the field sobriety tests (horizontal gaze nystagmus, one leg stand, Romberg balance, walk and turn and PAS (breath test!), the arrest and the recommendations.
Then there is the sworn officer’s statement in the DMV’s form called the DS-367. This is where the officer gives her account to DMV in a sworn statement.
BLOOD TEST
There is a chemical test. Sometimes that means two separate pieces of evidence. There may be a document from the person who actually took the blood (phlembotomist) and another document from the person who analyzed the blood. I am going to upload a good motion for this next week. It will be about hearsay and the role of the official records exception.
Eric Whitaker - Cheap DUI Lawyer San Francisco.
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21 C Orinda WayOrinda, CA 94563
415 407-3020
lawoffice@cheapduidefense.com
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