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Riverside DUI Defense and Riverside DUI Information
When arrested for DUI in Riverside County California two separate processes begin (Criminal DUI and DMV). The one most people are aware of is the DUI criminal process where you are given a citation with a date to appear in Court. Depending on where you were stopped will determine which Court in Riverside County you must appear at. The second "case" or process happens with the DMV. The Riverside DMV actions are handled through the San Bernardino Driver Safety Office. When cited for a DUI in Riverside the officer should have given you a form called a DS 367 which states you only have TEN DAYS to request a DMV hearing in Riverside County or you will lose your right to drive. This is why it is imperative to hire a Riverside DUI lawyer who will contact the DMV on your behalf and set up your DMV hearing for you. If you or your attorney does not request a DMV hearing within the TEN DAY period you will lose your driving privilege after 30 days from the date of your arrest.
There are several defenses to DUI that help you to have a successful outcome in your case but you must hire an experienced DUI attorney who will take the time to go over your case line by line and know what to look for. Please feel free to fill out our ONLINE DUI CASE ANALYSIS FORM so that an experienced DUI attorney can contact you regarding possible defenses to your case in Riverside County. Many attorneys in Riverside simply take whatever offer is given to them from the district attorney without taking the time to go over the discovery and find defenses that will work for you. Our office will make sure every possible defense is examined before we ever have a client plead guilty to Driving Under the Influence DUI in Riverside.
The following is a summary of what can take place during the Riverside DUI process:
DEALING WITH THE DMV FOR RIVERSIDE CASES
After retaining our Driving Under the Influence DUI defense team in Riverside, our office will contact and schedule an Admin Per Se Hearing and challenge the suspension of your driver's license.
In most cases we will subpoena the arresting police officer for your DMV hearing to cross-examine him or her and challenge their training, background and experience concerning DUI cases, certain testing methods and their implementation of those tests, as well as many other factors that are particular to each individual case.
Most Riverside DUI cases will be completed in one DMV hearing session, however, depending on unusual cases; there could be more then one DMV hearing necessary to address special issues in your individual DMV matter.
Your attendance at the DMV hearing is not required and you should consult with your Riverside DUI attorney beforehand to see if it would be advantageous for you to appear. As with court, dressing appropriate with professional attire can only help the outcome of your case.
CRIMINAL DRUNK DRIVING CASE IN RIVERSIDE
Your first appearance in Riverside County concerning the criminal DUI charges against you will be for an "arraignment". Our office will usually appear without you having to be present in court. At this initial hearing, you will be advised of the Complaint against you by the State (Riverside County District Attorney), and you will be asked to enter a plea; guilty, not guilty, or no contest.
At the arraignment, our DUI office will either enter a "not guilty" plea on your behalf, or we may decide it is to your advantage to continue your arraignment for tactical reasons. At this first court session, we will obtain a copy of the Complaint, as well as the police report from your DUI arrest.
Riverside County Pretrial Conference
After a not guilty plea has been entered at your DUI arraignment, we will set a pretrial conference for your Riverside DUI. The pretrial conference allows us to discuss your case before trial and conduct discovery to negotiate the strengths and weaknesses of your case, and schedule future court appearances.
Riverside DUI Discovery Process
After your first pretrial conference, in preparation for a potential jury trial, we will initiate a discovery process which includes investigative requests on the law enforcement agencies, crime labs, witnesses, and prosecution entities involved in your Riverside drunk driving case.
Depending on the complexity of your particular case and our goals, the discovery process may take several court appearances over a period of many months. The goal of the discovery process is to secure all records and evidence so that we can best prepare to go to trial as well as put us in the best possible position for settlement if necessary.
Pretrial Motions in Riverside County
Some DUI cases require Pretrial Motions; the purpose is to challenge the admissibility of the prosecution's evidence against you, with the objective of having it excluded from permissible evidence during the Jury Trial phase of your DUI case. Each case is unique and depending upon the facts of your DUI case, the Pretrial motions may include the stop itself being illegal, the tests administered being excluded (Field Sobriety Tests FST's, breath tests, blood tests, statements and additional facts as appropriate). Sometimes aggressive Pretrial Motion filing on your behalf could compel the Riverside District Attorney to offer an advantageous plea bargain resolution of your Riverside DUI charges, or result in a complete dismissal of the drunk driving allegations against you. Your attendance at the Pretrial Motions phase of your court process may or may not be necessary and our office will advise you in advance as your case proceeds.
RIVERSIDE DUI JURY TRIAL
Finally, if we are unable to come to a settlement of your Riverside DUI case a Jury Trial date will be set. We will then continue with Pretrial motions in an attempt to suppress any negative evidence against you; if the facts around your DUI arrest are excluded from the Jury's consideration, then they cannot be used when deliberating your guilt or innocence.
Most often Riverside DUI jury trials conducted by our law firm last from four to ten days and are considered lengthy because of their scientific and technical nature. Our primary objective will be to exclude, and limit the evidence presentable to the Jury. After Pretrial motions are finished we start Jury selection, sometimes called the "voir dire process".
Riverside DUI Jury Selection
In California, your Jury will consist of twelve selected persons, and in Riverside County, usually two alternate jurors. In order for the Riverside County District Attorney to obtain a conviction in your DUI case, all twelve jurors must agree that you are guilty beyond a reasonable doubt. If one juror maintains any reservation about your guilt of DUI, a "hung jury" should result and your case will be declared a mistrial. During the Jury selection process in Riverside, questions are posed to possible jurors to reveal any potential bias or prejudices, especially related to DUI charges.
Burden of Proof in California
Once a jury is selected, opening statements by first the prosecutor and our law firm start. Once the opening statements are concluded the Riverside District Attorney will begin to call testimony from their witnesses, as the burden of proving your guilt for DUI rests with the Riverside District Attorney. Most often, the arresting officer will be the first witness called, followed by the witness whom administered your blood or breath alcohol test, and then the State's forensic toxicologist to provide the jury with testimony regarding alcohol's effects on the human body as well as the proper methods and procedures for administering the chemical tests used in your case.
Cross Examination in a Riverside County DUI Case
After the Riverside District Attorney's Office is finished examining each of its witnesses our DUI defense team will have an opportunity to cross-examine the arresting police officer and the forensic toxicologist. We will show how the officer failed to comply with many regulations and procedures which will discredit the officer and point out the weaknesses in the prosecutions case with their own toxicologist expert.
Defense Testimony
As your Riverside DUI defense team, we will call to the stand our own witnesses, such as companions or passengers at the time of your arrest, police officers or witnesses not called on by the prosecution, often our own forensic toxicology expert, and in some cases a private investigator, all to shed reasonable doubt on the State's case against you.
Closing Arguments
After all testimony is completed the Riverside District Attorneys Office will be given an opportunity to have closing argument. Our DUI defense firm will then be allowed to argue the case to the jury and finally the DA will be given one last opportunity to argue that case since they have the "burden" of proving their case. After closing argument from the prosecution and your defense attorney, the jury will start deliberation in an attempt to reach a verdict of guilty or not guilty. If all twelve jurors fail to reach a unanimous decision regarding your guilt or innocence, a mistrial will be declared, otherwise known as a "hung jury".
The Firm is available to assist you 24 hours a day, 7 days a week. Please call for a FREE FIRST CONSULTATION on your case. A reasonable fee structure can be determined for your needs. The Firm accepts MasterCard, Visa & AMEX. (866) 857-5900
Riverside County Criminal Attorney - Riverside Dui Attorney
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Riverside Probation Violation DUI Attorney
Criminal Defense Lawyer Riverside County California
The Law Offices of Thomas Wallin will have a Riverside DUI criminal defense lawyer or attorney represent you throughout Riverside County including, Aguanga, Anza, Banning, Beaumont, Bermuda Dunes, Blythe, Cabazon, Calimesa, Canyon Lake, Cathedral City, Cherry Valley, Chiriaco Summit, Coachella, Corona, Desert Center, Desert Hot Springs, Fontana, Hemet, Idyllwild, Indian Wells, Indio, La Quinta, Lake Elsinore, Mecca, Menifee, Mira Loma, Moreno Valley, Mountain Center, Murrieta, Norco, North Palm Springs, Nuevo, Palm Desert, Palm Springs, Perris, Pine Cove, Quail Valley, Rancho Mirage, Riverside, Rubidoux, San Bernardino, San Jacinto, Sun City, Temecula, Thousand Palms, Wildomar and Winchester
We also handle DUI cases on a limited basis in Southern California (CA), including but not limited to Orange County, Los Angeles County, San Bernardino County, San Diego County.
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Quick Contact
Address
3890 10th Street
Riverside, CA 92501
Phone - Toll Free
(866) 857-5900
Local
(951) 686-4DUI
(951) 686-4384
Fax
(888) 444-7211
Email
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