Dana Point DUI Defense Lawyer

Being arrested for a DUI in Dana Point can leave you with much anxiety and confusion regarding what just happened and how to proceed. Hiring an experienced Dana Point DUI defense attorney is your best option to understand the process, as he or she will assist you in understanding the complex procedures and consequences associated with a Dana Point DUI charge.

Competent Dana Point DUI Defense Lawyer

Being arrested for a DUI in Dana Point can leave you with much anxiety and confusion regarding what just happened and how to proceed. Hiring an experienced Dana Point DUI defense attorney is your best option to understand the process, as he or she will assist you in understanding the complex procedures and consequences associated with a Dana Point DUI charge. A DUI conviction in Dana Point can result in the following penalties: completion of an alcohol program, probation, fines, jail time, work release, and license suspension. A skilled Dana Point drunk driving lawyer will review your case and prepare a solid defense to help you receive the best outcome on your case. Contact the Parker Law Center immediately to retain a Dana Point DUI attorney who will defend your rights and minimize the penalties associated with your DUI arrest.

Retain a Dana Point DUI Lawyer who Provides Comprehensive Representation

The secret to creating a successful defense for a DUI arrest is retaining a Dana Point DUI attorney who provides comprehensive representation. A Dana Point DUI attorney, providing this type of representation, will skillfully defend your rights in Court AND at the DMV hearing. Your qualified Dana Point drunk driving lawyer should be an expert in DUI law and should have experience representing many clients in a variety of driving under the influence matters including complex misdemeanors and felonies. The legal team at the Parker Law Center concentrates on representing clients charged with DUI or a related matter. This concentration enables the defense team to shrewdly represent its clients in both the DMV and Court hearings. Attorney Kellee Parker of the Parker Law Center is dedicated to fiercely fighting for the rights of her clients. Do not hesitate to contact the Parker Law Center to receive a consultation with Attorney Parker today and get the superior representation that you deserve.

Dana Point Court Process – Harbor Justice Center

A standard Dana Point DUI case begins when a police officer arrests you for a DUI and gives you a citation with a date to appear in Court. After your DUI arrest, the police officer forwards his/her arrest report to the Office of the Orange County District Attorney (OCDA). The charging deputy prosecutor reviews the officer’s report and determines which charges (if any) will be filed against you. Most DUI matters are filed as a misdemeanor which allows your Dana Point DUI Defense attorney to appear in Court without your presence on your behalf. This gives relief to those charged with DUI in Dana Point because it eliminates the inconvenience of rearranging your schedule to be in Court and eliminates the anxiety resulting from a court appearance.
The first stage of the Court process is called the arraignment. It is at this stage where the formal charges against you are read and a plea of guilty or not guilty is entered. A skilled Dana Point DUI attorney will either enter a plea of not guilty and set your matter for pre-trial hearing, or instead could decide to continue the arraignment based on the circumstances of your case. If your qualified Dana Point DUI attorney sets your matter for a pre-trial hearing, at this stage he/she will then negotiate with the prosecutor regarding your case. Your Dana Point DUI Defense attorney will go over all of your options with you and help you decide if it is in your best interest to take the negotiated plea or to set the matter for trial. Contact the Parker Law Center for a free case evaluation now!

Dana Point DMV Process- APS Hearing at Irvine Driver Safety Office

There are two license suspensions that are involved with a DUI arrest. The first suspension is initiated by a DUI arrest and the second suspension is triggered upon a conviction in Court. In most cases, at the time of arrest for driving under the influence, the police officer will confiscate your driver’s license. The officer will issue a temporary driver’s license that is valid for 30 days following your arrest and then your driver’s license will become automatically suspended; however, you have a right to fight this license suspension. You have 10 days from the date of your arrest to request an Administrative Per Se (APS) hearing to try to save your license. A skilled Dana Point DUI attorney will request the APS hearing for you with the Irvine Driver Safety Office, as well as, request the discovery and a stay on your driver’s license. A stay on your license means that 30 days after your arrest, the DMV will not suspend your license and instead will issue you a new temporary license. This temporary license will give you full driving privileges up until the time a decision is rendered.

The APS hearing is administered by a representative from Irvine Driver Safety Office called a Hearing Officer. The Hearing Officer carries the burden of proving a number of issues at the hearing.

If the driver submitted to a chemical test there are three issues:

  • Did the officer have reasonable cause to believe that the licensee was driving a motor vehicle in violation of California Vehicle Code Sections 23152 or 23153?
  • Was the licensee lawfully arrested?
  • Was the licensee driving a motor vehicle with 0.08% or more, by weight, of alcohol in the blood?

If a Chemical test was not taken (a refusal) the issues are:

  • Did the officer have reasonable cause to believe that the licensee was driving a motor vehicle in violation of California Vehicle Code Sections 23152 or 23153?
  • Was the licensee lawfully arrested?
  • Was the licensee advised that refusal to submit to, or failure to complete, a breath or blood test would result in a one year license suspension or two or three year revocation?
  • Did the licensee refuse to submit to, or fail to complete, a chemical test after being requested to by a peace officer?

The hearing begins with the Hearing Officer stating all applicable issues and entering documents known as exhibits into evidence. An experienced Dana Point DUI lawyer such as Attorney Kellee Parker is skilled at objecting to these exhibits and introducing rebuttal evidence. Once the hearing is concluded, the Hearing Officer will take all the arguments and evidence under submission and render a written decision. This decision will either set aside the suspension or remove the stay from the license and instate the suspension. Remember you only have 10 days to request your APS hearing from the date of your arrest so do not delay to contact the Parker Law Center today.

Attorney Kellee Parker of the Parker Law Center will aggressively defend you at both the Court and DMV hearings. Attorney Parker is dedicated to personally defending the rights of each and every one of her clients. Call the Parker Law Center today to receive a consultation with Attorney Parker to get the quality representation that you need and deserve!