KOREATOWN DUI Lawyer, Jimmy Cha
If you have been arrested for a DUI in Koreatown you need to contact an experienced DUI ATTORNEY immediately. Many Korean’s who are arrested for a DUI in Koreatown bargain shop when looking for an attorney. Often times this translates to hiring an attorney who has a general practice or one that does not specialize in criminal defense. It is important to hire an experienced criminal defense attorney who has handled many DUI cases at Metropolitan Court, and who can guide you through the Administrative Per Se Hearing of the California Department of Motor Vehicles (DMV) and the criminal justice system.
The demographics in Koreatown are quite unique in that it is very diversified with many people being native Korean speakers. This presents a unique problem to the legal system in that many Koreans who are arrested for a DUI in Koreatown may not have completely understood the questioning of the officer(s). Yes, it is important to contact an experienced criminal defense attorney familiar with DUI’s in Metropolitan Court immediately BUT it’s also very important to hire an attorney who understands the language problems that may arise when being arrested for a DUI in Koreatown.
A lot is at stake in a DUI case and because DUI defense is a technically and highly specialized field involving medical terminology, etc. you need to consult with an experienced DUI Lawyer to help you understand the necessary course of action you must take. In some cases, you may be able to avoid court entirely with careful guidance.
DUI Lawyer KOREATOWN
Receiving a DUI in Koreatown can be quite frightening and scary. For most, this will be the first crime in which they have been charged. It is natural for many people facing legal problems to let fear and stress overcome their judgment. The worst thing you can do is to let fear govern your actions and do absolutely nothing, as the situation will not go away on its own. You need to stay calm and collective, bring yourself together so you can take the necessary steps to ensure that your rights are being protected, and find a DUI Lawyer in Koreatown with extensive court experience. Call Jimmy Cha, your experienced Koreatown DUI LAWYER so you can begin the process of fighting back.
KOREATOWN DUI Attorney
Don’t wait! Take action immediately if you are facing prosecution for a DUI in Koreatown , as you only have 10 days to contact the Department of Motor Vehicles (DMV) to schedule an Administrative Per Se (APS) hearing. Even for a first offense, the penalties for a DUI in Koreatown are quite severe and can/will include;
- Attendance at Alcohol Anonymous Classes
- s New Roman”,”serif”;mso-fareast-font-family:”Times New Roman””>probation
- fines of approximately $ 2,000.00
- installation of an ignition interlock device (IID)
- license suspension
- mandatory attendance at a State or DMV approved alcohol program
- Mothers Against Drunk Driving (MADD) class
t;· and even potential jail time depending on your case
You have rights guaranteed to you by the United States Constitution, and working with a Koreatown DUI / criminal defense attorney will ensure that your rights will be protected and enforced. So you if you have been arrested for a DUI in Koreatown, the first step in defending those rights is to contact the Law Office of Jimmy Cha and schedule an initial consolation. After all, you owe it to yourself to present a defense that is at least as vigorous as the prosecution’s attempt to convict.
DEFENSES TO A DUI
Often times, individuals hear from their friends that they don’t need an attorney for their first DUI because they are not looking at jail time. Not only is this information somewhat misleading but more often than not a first time DUI is a lot easier to fight and win than a second time DUI while on probation.
People also hear that there’s not much to do if you get a DUI. Wrong! Whether it is a person’s first or fourth DUI, there are many viable defenses available. Below is a list of some viable defenses to a DUI charge:
- Illegal Arrest by Law Enforcement Officer
- Inadmissible Blood Test Results
- Inappropriate Breath Test
- Inconsistent Breath Test
- Inconsistencies Shown by Video Tape and/or Independent Witness
- Medical Conditions
- Mistakes by Arresting Officer
- Rising Alcohol Theory
- Unreliable Breath Test
Remember, alcohol does not burn off in people at the same rate! There are many factors that can affect the result of a breathalyzer and/or blood test, which can raise many viable defense to a DUI charge.
DMV AND THE CRIMINAL COURT PROCESS
When a person is arrested for a DUI, an individual must fight the DMV hearing (Administrative Per Se Hearing) which is civil in nature, and the Criminal Court process.
As mentioned above, the Department of Motor Vehicles, Administrative Per Se Hearing, which is a civil matter, must be requested within 10 days from the date of arrest or an individual relinquishes their right to a hearing to contest the suspension and will result in the suspension of their license after 30 days from the date of arrest.
Often times, individuals ask:
- Doesn’t the DMV care that I have to work?
- How am I suppose to get to work if my license gets suspended?
- How am I suppose to make a living if my license gets suspended?
- What if I have to drive my children to and from school?
- How am I going to get around?
- I need to drive my mother or father to the hospital.
- How am I suppose to go to the market?
The truth is, the DMV doesn’t care. They are there to punish you, not to make things easier for you. In short, if you ask them any one of the above questions, you’d probably hear an answer like this “If you really needed to drive, then you shouldn’t have drove while under the influence of alcohol with a BAC of .08 or greater.”
The issues presented at a DMV hearing are limited to 3 issues:
1. Did the arresting officer have reasonable cause to believe that you were driving under the influence?
2. Was the arrest lawful, and;
3. Was your blood alcohol 0.08% or higher at the time of driving?
Generally speaking, other than the above three issues, the DMV doesn’t really care about any other issues.
Individuals must understand that the Criminal Court process and the DMV are completely separate from each other, and a “set aside” of the suspension from the DMV has no relation to the outcome in the Criminal Court, and vice versa.
In trying to fight and win the DMV Administrative Per Se Hearing, an individual must not forget that they also have to deal with the DUI in the Criminal Courts. In Court, an individual charged with a DUI will often face hefty fines, probation, AA and/or DUI classes, penitential high insurance premiums, and even jail time.
Generally speaking, you have to win both the DMV Administrative Per Se Hearing and in Criminal Court in order to prevent your license from being suspended. That is why you need an attorney who is qualified to handle DUI cases.
Jimmy Cha has tried numerous DUI cases as a criminal defense attorney and is a member of the California DUI Lawyers Association. He has extensive knowledge about DUI’s and the criminal court process. If you have been arrested for a DUI, The Law Office of Jimmy Cha can help.