CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI and Double Jeopardy

Double Jeopardy: Los Angeles DUI Attorney Explains This Legal Concept

If you are facing DUI charges in Los Angeles and are wondering whether your case falls under double jeopardy, it’s time to turn to experienced Los Angeles DUI attorney Todd Spodek for help. In California, DUI defendants face two separate charges – driving under the influence as per code 23152 (a) and driving with a blood alcohol level (BAC) of at least 0.08% as per code 23151 (b). It’s a law that often raises questions about the defendants’ constitutional rights, particularly double jeopardy.

In most cases, prosecutors charge DUI defendants with driving under the influence first and then add the separate charge if the defendant’s BAC is over 0.08. Prosecutors do this so that they can pursue both charges using different liability theories, making it easier for them to establish their case’s basis. According to California Vehicle Code Section 25132 (a) and (b), the prosecution can charge both these offenses separately wherein they don’t have to establish blood alcohol content under subsection (a) – they need to only prove the driver was legally under influence when stopped. However, under subsection (b), they must prove two specific facts that the driver was operating the car under influence and that the driver’s BAC was over 0.08. In circumstances, where drivers refuse to take a chemical test, they are charged only with driving under the influence, and not for being over the legal alcohol limit.

The constitutionality of this double jeopardy clause has been at the forefront of several court cases. A California appellate court, however, ruled that even if a defendant gets convicted of both offenses, they can’t be punished twice for one incident. This means the prosecutor can easily file multiple charges while not infringing on the defendants’ fifth amendment rights. However, if the same defendant faces DUI charges again in the future, they can be charged with only one count under the enhancement rule. If you’re facing any DUI charges, it’s imperative that you contact an experienced Los Angeles DUI lawyer immediately to weigh your options.

It’s essential to note that the DMV administrative actions have also been under scrutiny for double jeopardy. Under California Vehicle Code Section 23152. The officer who arrests the defendant for DUI must issue a notice for a 30-day suspension of the defendant’s license. First-time offenders over 21 years old, who didn’t refuse to take a chemical test, face a four-month license suspension. Such drivers can challenge this suspension by submitting an appeal request with the Department of Motor Vehicles. The final decision on the suspension is made by the hearing officer, who is not connected to the court. With so many legal hazards, it’s crucial to trust only the Los Angeles DUI attorneys to defend your case.

One of the resources available to you in the Los Angeles area is Todd Spodek. This experienced DUI attorney has defended countless cases and has helped get many clients the justice they deserve. He and his team of renowned lawyers in the Spodek Law Group are available to help you navigate the legal system and work out a solution that works for you. If you need advice or help, don’t hesitate to call them at 888-981-0052 today. The initial consultation is free, and they’re available round the clock.

Los Angeles DUI Attorney Michael Kraut: A Dependable Resource for Your DUI Case

When you’re involved in a DUI case in Los Angeles that’s complicated by double jeopardy allegations, you need the possible legal representation. And that’s where Michael Kraut, the experienced founder of Kraut Law Group, comes in. This seasoned attorney is a former district attorney, and he has the skills and experience of defending countless DUI cases successfully. With their diligent and highly respected Los Angeles DUI Attorneys, Michael Kraut’s team can guide you through the legal system and help you find the possible solution to your problem.

As a DUI defendant, navigating through the complex legal system can be daunting. That’s why Michael Kraut and his team devote their time to help clients understand their rights and legal options in a comprehensive and transparent manner. They are knowledgeable about every aspect of DUI convictions, and they bring this knowledge together to help clients fight their DUI charges effectively. If you need help with your DUI case, don’t hesitate to reach out to Michael Kraut today at 888-334-6344. They have a 24/7 phone line to help answer your questions, and initial consultations are always free.

Don’t let your DUI charges overwhelm you. Get in touch with the Kraut Law Group and take charge of your defense today. After all, a DUI conviction can lead to severe penalties like fines, jail time, and license suspension. You need a trusted advocate on your side, someone who has the legal expertise and experience to defend your rights aggressively.