Are you facing DUI Charges in San Diego County?

If you or a loved one have been arrested for driving under the influence in San Diego County, acting quickly to protect yourself and defend your rights is vital. The DUI Professor can help guide you through both the Court and DMV processes, provide answers that will remove unnecessary stress, and fight hard to protect your rights.

A DUI charge in San Diego County is very serious and can have lingering consequences. It is critical to hire a DUI defense attorney who is familiar with the San Diego County Superior Court system to ensure that your matter is handled efficiently and effectively. The DUI Professor can answer questions and execute a well crafted defense.

The penalties accompanying a DUI arrest vary depending on the severity of the matter. You have the opportunity to minimize or even eliminate those penalties by allowing an attorney who has experience in defending those facing DUI charges in San Diego County to represent you. The following are some of the penalties that could result from your DUI arrest:

  • Jail Time
  • Fines and Fees
  • License Suspension
  • Ignition Interlock Device
  • Alcohol Monitoring
  • Probation
  • Mandatory Participation In A Treatment Program
  • Work Release
  • Restitution

Hiring the DUI Professor increases you chances of avoiding consequences that could have far reaching effects; timing is imperative. Contact Kellee Parker, the DUI Professor today for a free case evaluation!

Choosing The DUI Attorney That Is Right For You

It is important to select an attorney who will best represent your needs. For instance, if you had a brain tumor, you would not select a general practitioner to remove it. You would enlist the services of a neurosurgeon. The same principle applies to choosing an attorney to represent you following a DUI arrest. You need a DUI defense lawyer whose skills have been honed to represent those charged with complex DUI offenses in San Diego County. Each County in California has a Court system that operates uniquely. Knowing you have a DUI defense attorney that understands intimately how to finesse the San Diego County Superior Court system could not be more important. This gives you a clear advantage when it comes to issues like keeping your license and staying out of jail. Often times, having a DUI lawyer means that you do not even have to appear in Court. The DUI Professor will fight vigorously to defend your rights.

Under the circumstances, there is no greater peace of mind than knowing you have someone advocating for you with precision, and a wealth of experience. Your DUI defense attorney should have the ability and knowledge base to construct a defense that is not only unique to you, but also encompasses the nuances of the San Diego County Court system. Do not wait a moment longer to contact the DUI Professor to get the personalized and compassionate legal representation that you deserve!

San Diego Court Process

The arresting officer in your case will forward his/her arrest report to the Prosecutor’s Office. The report is reviewed by a charging deputy, whom determine which charges, if any, should be filed. Most DUI cases are filed as misdemeanors and the charges are filed via complaint. If you are facing misdemeanor charges, your DUI defense attorney is given the authority to appear in Court on your behalf without your presence being required. The first hearing in your case is the arraignment where your DUI defense attorney will many times enter a plea of “not guilty” on your behalf. Other times your DUI attorney will decide it is in your best interest to continue your arraignment. If a “not guilty” plea is entered, then your case will be set for a pretrial hearing.

At pretrial your San Diego County DUI defense attorney has the opportunity to negotiate with the prosecuting attorney regarding your matter. During the pretrial stage, your skilled DUI attorney will determine if any pretrial motions need to be filed, and if any additional discovery needs to be requested. Once your case has been fully evaluated, you San Diego DUI defense attorney may recommend you enter into a negotiated plea agreement. Other times, your attorney may recommend you take the case to trial. In either case, your best interest will always be at the forefront of any decision.

San Diego County DMV Process

Once you have been arrested, it is likely that officer in charge confiscated your driver’s license and replaced it with a pink slip of paper. Assuming your driver’s license was valid at the time of your arrest, this pink slip will act as your temporary driver’s license for 30 days. You have only 10 days from the date of your arrest to request what is called an Administrative Per Se (APS) hearing through the San Diego County Driver Safety Office. If a request is not made in those 10 days, your license will be automatically suspended 30 days after the date of arrest. Contact an experienced DUI lawyer in San Diego, CA to request your APS hearing, discovery, and a stay on your license. Once your APS hearing has been requested, the Driver Safety Office will issue you a new temporary license. The temporary license will afford you full driving privileges until a decision is rendered on the hearing.

The APS hearing will be presided over by a Hearing Officer who is a representative of the San Diego County Driver Safety Office. The Hearing Officer bears the burden of proof regarding the following issues:

There are three issues if the licensee submitted to a chemical test:

  • Did the officer have reasonable cause to believe that the licensee was operating 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 .08% or more, by weight, of alcohol in the blood?

There are four issues if the licensee refused to submit to, or failed to complete, a chemical test:

  • Did the officer have reasonable cause to believe that the licensee was operating a motor vehicle in violation of California Vehicle Code Sections 23152 or 23153?
  • Was the licensee lawfully arrested?
  • Was the licensee informed that refusing 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?

At the APS Hearing, the Hearing Officer will enter the arrest reports, in addition to any blood alcohol results into evidence. The DUI Professor will utilize one or more of the following techniques to overcome the issues:

  • Object to the documents
  • Present rebuttal evidence
  • Call witnesses

At the conclusion of the hearing, the Hearing Officer will take all of the evidence under submission and render a written decision. That decision will either end the stay on the suspension or set aside the suspension. Contact the DUI Professor today to protect your rights and driving privileges!

Serving All of San Diego County

The DUI Professor represents those charged with drinking and driving offenses in the following San Diego County locations: Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Pacific Beach, Poway, San Diego, San Marcos, Santee, Solano Beach, and Vista.