CALIFORNIA CRIMINAL LAWYERS

DUI and Drug Possession

The Growing Concern of DUI and Drug Crimes in Los Angeles: What You Need to Know

Los Angeles has seen a significant increase in DUI and drug crimes. And being charged with either of these offenses will have a profound impact on your life. You could potentially lose your job, be separated from your family, and spend time in prison. Moreover, a DUI arrest can lead to additional criminal charges, particularly associated with drug crimes. Therefore, it’s essential to reach out to Todd Spodek, a premier lawyer in Los Angeles with extensive expertise in handling DUI and drug-related cases.

Drugs Found During DUI Arrest

When stopped under suspicion of driving under the influence, you will be questioned about drug or alcohol use. If drugs are found in your vehicle or on your person, the charges may be elevated to drug possession or other serious drug crimes. Officers will frisk you and search your vehicle, and if they suspect any drug use, they may bring in dogs to aid in the search.

This search process, however, is limited by California Penal Code Section 1538.5 PC. The search and probable cause must be legal. So, a motion to suppress could be filed by a Los Angeles DUI Criminal Defense Attorney in the absence of probable cause. If the motion is granted, the prosecution would be unable to proceed with the charges, hence dismissed.

Probable Drug Charges

Previously, most drug possession cases in California were felonies. But after the approval of Proposition 47, most have been lowered to misdemeanors, while others may be charged as either. Anyone found with drugs on them will be charged for violating the California Health and Safety Code Section 11350(a), with Methamphetamines falling under the Safety Code Section 11377(a).

If the officer suspects that you intend to sell the drugs found in your possession, they could file a “wobbler” charge under Section 11351 HSC or Section 11378 HSC, which falls under either a misdemeanor or a felony charge.

Additionally, if drugs are found in your vehicle, the prosecution could proceed under Section 11352 HSC or 11379 HSC. This could lead to charges of transporting drugs, which could result in imprisonment.

Defending DUI and Drug Possession Charges

You can challenge a vehicle search in court through the use of a motion to suppress under California Penal Code Section 1538.5 PC. The search could be challenged as unconstitutional, leading to the evidence of drugs obtained through the search to be suppressed. Finally, the prosecution may dismiss all charges, leaving them unable to proceed with the DUI or drug-related charges.

Suppose the drugs found in your vehicle belong to a passenger and not you. In that case, the prosecution must prove beyond reasonable doubt that you knew about the drugs. However, an experienced Los Angeles DUI and Drug Criminal Defense Attorney, such as Todd Spodek, can counter this claim, defending you against any unjust and false accusations.

Conclusion

Being charged with DUI or drug possession is a serious offense. In such cases, hiring Todd Spodek, an experienced lawyer specializing in DUI and drug crimes in Los Angeles, can make a considerable difference. With the right legal representation and by presenting evidence that supports your case, Todd Spodek will ensure that your rights are protected and your freedom safeguarded. So, call for a consultation today and let Todd Spodek help you with your case.