San Diego DUI Defense Attorney
Regardless of how many times you have been arrested, we have the experience and expertise to evaluate the strength and weakness of the evidence that will be used by the police and prosecutors. Attorney John R. Rodriguez is a former police officer and an experienced DUI attorney. He has handled many DUI cases that ranged from first time misdemeanor DUIs, to felony DUIs, and vehicle manslaughter charges.
We take DUI cases seriously and will aggressively fight your DUI charges. If you are arrested and charged with driving under the influence of alcohol or drugs, DUI with injuries, vehicle manslaughter, or homicide due to driving under the influence of alcohol or drugs call us for a free consultation.
We will fight the science & Field Sobriety test for you!
Despite the science and expert police testimony, your DUI cases can be won. Attorney John R. Rodriguez has will aggressively fight the science and field sobriety test for you. He is a skilled DUI lawyer with considerable trial experience and a successful trial record that can make a difference in your case.
The following cases are highlighted to demonstrate that a DUI arrest does not automatically mean you will lose or have to plead guilty. The following examples and many others that attorney John Rodriguez has handled will show you that commitment, trial skills, and aggressive representation can make a difference in the outcome of your DUI case.
Possible DUI Defenses we can us may include:
- Unlawful car stop and detention
- Violation of search and seizure laws
- Unlawful arrest at a sobriety check point
- Improper reading or administration of Breathalyzer, blood, or urine test
- Using an improperly calibrated machine that produced unreliable test results
- Questionable results from an improper standardized field sobriety test
- Inadequate evidence
Attorney John R. Rodriguez has the “Experience that makes a Difference”
- A former Police Officer and Criminal Investigator
- An exception winning trial record
- Familiar with the strategies used by police and prosecution experts
- Rated by AVVO, Inc. as a ”Superb Attorney”
- Membership with Nationally Accredited DUI Associations.
The goal is always to get a dismissal and we have done that for many of our clients in the last 20 years. We do this by understanding the law and developing an aggressive defense strategy from the day we are hired. We review all the evidence and highlight the weaknesses in the prosecution’s case. We then work on a defense plan that strengthens our legal position and use it to convince the prosecution to dismiss or reduce the charges and sentence. We will always work hard at getting the best deal available based on the strength and weakness in the case.
Although we cannot guarantee the same results for every client, we have been successfull at reducing DUI cases; VC 12152 (a) (Under the influence of an alcoholic beverage), and 23152 (b) (having 0.08 percent or more of alcohol) to wet reckless (VC 23103.5) or dry reckless (VC 23103).
In California a wet reckless, VC 23103.5 means you were arrested for an alcohol related driving offense but the sentence and fines are not treated as a DUI by the judge. We use this section of the law to help our clients get a reduced plea. Clients that plea to a wet reckless are not subject to a mandatory license suspension and pay a much lower court fine.
Dry reckless VC 23103(a) is defined as: A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
Scheduling your DMV Hearing
The DMV hearing process is extremely important. You are required to schedule a DMV hearing within 10 calendar days from the date of your DUI arrest. If you do not schedule this appointment your driver’s license will be suspended without a hearing.
When arrested for drunk driving, the Police officer is required to take your drivers license and give you a notice of suspension, which is also a temporary driver’s license. However, if this appointment is not made, DMV will suspend your license and you will not be able to legally drive until the suspension period has ended or if you are given a restricted license (usually after 30 or more days).
Fortunately, our law firm has handled hundreds of DMV hearings and we can help you. This is an administrative hearing where a DMV representative will review the police reports to decide if they will suspend your license. In many cases they will also hear testimony from the arresting police officer and from yourself. After reviewing all the evidence the DMV officer will make their decision to suspend your driver’s license or not.
Sample of the latest DUI Trial
- Not Guilty: Our client was arrested after his car lost control and crashed into a muddy ditch. He was charged with a DUI with a blood alcohol of over 1.6 (double the legal limit). After careful evaluation of the evidence I recommended that we go to trial. The client agreed and we took the case to trial. After a two day jury trial the jury came back with a not guilty verdict on all counts. Close attention to detail and a trial strategy that identified the weaknesses in the evidence made the difference at trial.
- Dismissed: Our client was arrested after his vehicle lost control, crossed over the center divider, and crashed head on into an oncoming vehicle. Police charged him with a felony DUI that caused injuries. Despite a reasonable offer, which meant my client would still have to plead guilty we rejected the deal and set the matter for trial. Close evaluation of the case noted that the other driver might have difficulties identifying the client as being the driver. The prosecution was forced to dismiss all charges before the trial began.
- Not Guilty: Our client was arrested for felony DUI with injuries and Hit and Run after he was charged with hitting three parked cars, taking out a cyclone fence, and crashing into the backyard of a residence. Police arrested him and a friend a few blocks away. There was no reasonable offer and the decision was made to go to trial. A careful review of all the evidence spotted several weaknesses in the case and a trial strategy was developed. After a three day jury trial the jurors came back with a not guilty verdict on all counts.
- DUI reduced to wet reckless (Vehicle Code 23103.5). Our client had two prior DUI convictions and an outstanding arrest warrant when he hired us. We convinced the judge to vacate the warrant and not take the client into custody. We developed a strong defense that ultimately forced the prosecutor to reduce the DUI to a Wet Reckless despite his extensive DUI record.
- DUI – This was the client’s first DUI. The jury voted not guilty within 1 hour after a two day trial.
You can see more examples of case results at: http://lawdefense.com/criminal-law/
Don’t wait, contact California DUI Attorney John R. Rodriguez today
The clock is ticking on your case. Contact us for a free no obligation consult from an experienced attorney. We can help you decide on a clear direction for your case.
Call The RODRIGUEZ LAW FIRM at
619-296-6000 to schedule your consultation.
DMV gives you only 10 days from the date of your DUI arrest to request a hearing with the DMV, or your license will be suspended.
Call us for a free no-risk, no-obligation, confidential
consultation at 619-296-6000.