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What To Do After a DUI

Understanding DUI Charges

First Offense DUI

Second Offense DUI

Third Offense DUI

Fourth Offense DUI

Felony DUI

DUI Drugs (DUID)

Marijuana DUI

DUI Probation Violation

DUI Related Offenses

DUI Reduced Offenses

DUI Alcohol Programs

California Vehicle Code 23152(a)

California Vehicle Code 23152(b)

Appeal a Bad DMV Decision

Field Sobriety Tests

Enhancements for DUI

Los Angeles County Courts

Ventura County Courts

 

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DUI RELATED OFFENSES

Driving With a Suspended License

California Vehicle Code §14601 - This statute prohibits people from driving a motor vehicle at the time when they have a suspended or revoked driver’s license. This statute has various sections that are more specific reasons for the suspension or revocation of the driver’s license. Some other related “14601 offenses” are California Vehicle Code §§14601.1, 14601.2, 14601.3, 14601.5. These offenses all carry two points on your DMV record, and subject your car to being impounded for 30 days under California Vehicle §14602.6. It is important to contact an attorney at The Law Office of Ben Mironer right away if your car has been impounded.

You have various rights, and our office has an incredible success rate at getting cars immediately out of impound, when certain facts apply. For example, if you are not the registered owner of the car that was impounded, we can request a hearing to get the car released. But, this must be done within 10 days of receiving the notice of storage from the police. The Law Office of Ben Mironer knows the various case law and applicable statutes to get a hearing and to get the impounded car released. If you’ve been arrested for a possible 14601, an attorney at our office can help you right away. We know your rights and we fight to defend our clients.

California Vehicle Code §14601.1 - This is referred to as the “catch-all” 14601 offense because it basically includes any reason other than those listed in 14601, 14601.2, or 14601.5. Prosecutors may offer to reduce a 14601.2, which carries a mandatory minimum jail requirement, to a 14601.1 so that the there is no jail. However, it is critical to remember that all 14601 offenses carry two points on your DMV record and that it can severely impact your insurance rates.

An attorney at The Law Office of Ben Mironer knows various strategies in handling 14601 cases. Ultimately, we want to prevent a conviction for a 14601 by getting the charges dismissed, or reduced to a violation of California Vehicle Code §12500. The 12500 is a lower offense for 14601 charges, and it does not carry a point. An attorney at our office can discuss all of the potential consequences and differences in the laws with you. We keep our clients informed, so that we can work together to get the best outcome possible. We often advise our clients to immediately obtain a valid driver’s license if they’re eligible. This step can often help a 14601 case dramatically, no matter what court you’re in. This is why it’s important to contact our office, and get the legal advice and representation of professionals.

California Vehicle Code §14601.2 - This 14601 offense carries a mandatory minimum 10 days of jail. An attorney at our office can help explain these charges and the various defenses. This offense is specifically related to driver’s license suspensions that are the result of a DUI license suspension. A DUI attorney from office is well equipped to defend these cases because there are many explanations and defenses related to DUI laws. Often times, a client actually believed they had the right to drive or didn’t know that their license was still suspended. Also, many clients can get their valid license with a simple step or two. It is important to have an attorney that knows how to defend these types of cases, and what to do to get you the best results possible.

An attorney at our office will explain that notice is a required element that the prosecutor must prove in your case. If you were not properly notified as to your license suspension, you couldn’t have violated a 14601 law. A person must be proven to have knowledge of the suspension at the time of the violation. We know how difficult this element can be for a prosecutor to prove, and we utilize our knowledge to benefit our clients.

California Vehicle Code §14601.3 - This offense applies to habitual traffic offenders, who accumulate a certain amount of points on their driving record within 12 months, during the time their driver’s license was suspended. Someone who got three points in 12 months, while their license was suspended, could be cited for a 14601.3. If someone is convicted for this offense, they face a mandatory minimum of 30 days in jail, and a second offender faces 180 days in jail.

If the court designates you as a “habitual traffic offender,” your insurance rates will greatly increase, and you may not be offered insurance by most reputable Insurance carriers. We help our clients by utilizing all of our resources. We provide clients with contact information for insurance experts that can help them find insurance, even if they have previously been designated a habitual traffic offender. Even though this is one of the less common cited 14601 offenses, it is critical to contact an attorney from our office if you have been charged with this offense. The consequences are very serious, and we can help you and help defend your rights in court.

California Vehicle Code §14601.5 - This offense applies in very specific situations when someone is driving while their license is suspended because of a DMV action. The most common scenario is when someone has been arrested for suspicion of DUI and has lost their DMV Administrative Per Se hearing. The DMV may suspend their license even if the person was not convicted of a DUI in court. If that person knowingly drives while their license is suspended by this DMV action, they are in violation of 14601.5.

Someone can lose their DMV hearing and get a license suspension for various reasons, not just for a DUI. For example, if someone is on DUI probation and fails to submit to a PAS test, they can get a one year license suspension from the DMV for violating probation. Even though the person doesn’t get a DUI in court, their license is suspended by a DMV action, and they are subject to getting a 14601.5 violation if they are knowingly driving while their license is suspended. An attorney at our office can help explain the various violations, and how we will defend you in court.

California Vehicle Code §12500 - Under this law, a person may not drive a car unless they hold a valid driver’s license. A violation for this offense may be filed as a misdemeanor or an infraction. A violation of 12500 does NOT carry any points on your driving record. An attorney at The Law Office of Ben Mironer can help fight your 14601 charges, and we can commonly get them reduced to a violation of 12500. It is also important to know that a 12500 can be reduced to an infraction, which means no probation and no misdemeanor conviction on your criminal record.

At The Law Office of Ben Mironer, we can help you get the best result possible in your case. Whether you’ve been charged with a misdemeanor 14601 violation, or simply a 12500 infraction, we fight for our clients in court because we truly care. We take the time to explain the laws, as well as our defenses in the case. Our clients are informed about every step in the process, the potential consequences, and the various options they have. We pride ourselves in helping our clients get the best outcome possible.

 

Hit and Run (Misdemeanor) - California Vehicle Code §20002

A violation of California Vehicle Code §20002 is a common misdemeanor offense that is charged with a DUI. If someone is involved in a traffic collision that has property damage, they are required to stop and exchange driver’s licenses for identification, car registration, and insurance information. If a damaged vehicle is unoccupied, then a note must be left for the owner in a conspicuous place on the car, with all the relevant information mentioned above. Failure to do so may result in hit and run charges getting filed. This offense carries a maximum jail sentence of 6 months in county jail, and restitution for damages must be paid to the victim. It is also a two point offense on the DMV side. Even though this charge is sometimes associated with DUI, it is also commonly charged by itself, when no alcohol is involved.

On a good note, an attorney at The Law Office of Ben Mironer can help fight your case. We have a proven track record of success in getting hit and run charges dropped in most DUI cases, and we’ve been able to get many hit and run charges dismissed, when they’re not alcohol related. The key is to take immediate steps in contacting the victim, and compensating them, so they can repair their damaged property.

We help act as a liaison between you and the victim because we are permitted to contact them to offer compensation for their damages. Once we get their damages paid for, we request them to declare to the court that they’ve been compensated in full, and that a civil compromise would be acceptable. Once this document is signed by the victim, and we can provide the court with proof of compensation and the signed civil compromise form, then the Judge has discretion to dismiss the case. Our office has been very successful in helping our clients get these charges, or cases dismissed based on civil compromises, which we aggressively pursue to obtain.

There are also many legal defenses that help us get this related offense stricken in DUI cases. Sometimes there may be a minor fender bender, and the driver didn’t realize they hit something. Thus, if they didn’t know they caused property damage, then they didn’t know they were obligated to stop.

It is also important to note that you are permitted to proceed to a safe place to stop, even if that means you must exit a highway. The law specifically states, “immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.” Sometimes vehicles collide and lose each other inadvertently, which is not the same as intentionally not stopping.

In other cases, where the driver wasn’t clearly identified, the prosecutor could have a difficult time proving their case. This is especially true in cases where the registered owner of the car was not the driver, but it applies to all hit and run cases.

If you see that you’ve been charged with a hit and run, or you’re being investigated for a possible hit and run, a skilled attorney at The Law Office of Ben Mironer will ensure that you do not need to feel threatened or discouraged. We know how to challenge these charges and get them dismissed. We fully investigate your case and all of our possible defenses. Our main goal is always to get your hit and run charges dismissed. The only way to ease your mind is to speak with an attorney that knows the law, and will take the time to ensure you understand everything.

 

Hit and Run (Felony) - California Vehicle Code §20001

A violation of California Vehicle Code §20001 is a Felony hit and run offense. If someone is involved in a traffic collision that has an injured person other than the driver, they are required to stop and exchange driver’s licenses for identification, car registration, and insurance information. Failure to do so may result in hit and run charges getting filed. If the victim is permanently, seriously injured or dies, the offense carries a prison sentence of 2, 3, or 4 years, and restitution for injuries must be paid to the victim. It is also a two point offense on the DMV side. Even though this charge is sometimes associated with DUI, it is more commonly charged by itself, when no alcohol is involved.

On a good note, an attorney at The Law Office of Ben Mironer can help fight your case. We have a proven track record of success in felony hit and run cases. We know that these cases can be reduced to misdemeanors, as long as the injury is not serious. If the case is charged as a misdemeanor, then the mandatory minimum is 90 days and the maximum is one year in county jail, instead of prison. It is important to act fast in these cases, and to take immediate steps in contacting the victim. We help act as a liaison between you and the victim because we are permitted to contact them to offer compensation for their injuries. Once we get their hospital bills paid, we inform the prosecutor and the court that the victims out of pocket expenses have been reimbursed. This is very helpful in felony hit and run cases because it shows you’re making an effort to rectify an error in judgment you previously made.

In other cases, where the driver wasn’t clearly identified, the prosecutor could have a difficult time proving their case. This is especially true in cases where the registered owner of the car was not the driver, but it applies to all hit and run cases.

If you or a loved one has been charged with felony hit and run, or you’re currently being investigated for a possible felony hit and run, a skilled attorney at The Law Office of Ben Mironer is available to answer all of your questions. We know how to challenge these charges and fight them in court. We fully investigate your case, all of our possible defenses, and discuss every step of the process with you. The only way to ease your mind is to speak with an attorney that knows the law, and will take the time to ensure you understand everything.

 

                     
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