What To Do if You Are Arrested for Driving Under the Influence?
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Posted On :
Aug-31-2011
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Article Word Count :
422
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First - Contact the DMV. The most important thing that requires prompt attention is the administrative action of the Department of Motor Vehicles, which will result in the suspension of your driving privilege for a period of four months, or suspension for thirty days followed by five months of restriction
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The arresting police officer will take your driver’s license from you and give you a form, pink in color, titled Per Se Administrative Suspension Notice and Temporary Driver’s License, which is valid for only thirty days.
The Notice informs you that you must contact the DMV within 10 days of the date of arrest and request a hearing, preferably an “in person” hearing (this may be changed later to a telephonic hearing). This request will extend the length of the validity of the temporary license until the decision is rendered after the hearing.
Second - Preserve All Evidence. If a breath test was taken following the arrest, the officer may give you a copy of the analysis results. Also, any injury sustained during the arrest procedure must be photographed to document this fact. Any tape recordings, videos, photographs or other physical evidence that you have must be safeguarded.
DO NOT depend on the police department to save evidence regarding your arrest. You need to safeguard all evidence, some of which may free you from blame or guilt.
Third - Hire an Experienced Attorney. Quality legal representation is an absolute must. The more experience an attorney has, the better he or she is able to investigate your particular case, properly interpret the facts and how the law applies, negotiate with the District Attorney’s Office, obtain re-analysis of the evidence, and suggest any appropriate action that you should take.
The more experienced attorney will not be surprised by or unprepared for something that he or she hasn’t confronted before, and knows precisely what action to take and how to prepare your case to maximize your chances of avoiding trial and achieving the most favorable results possible.
Lastly - Demand Personal Representation. Demand that your attorney personally represent you in court and in the DMV hearing. Many lawyers advertise their services and then pass you and your case on to an inexperienced attorney.
If you do not meet the attorney who will personally handle your case, you may not receive the personal attention, experience, and professionalism required to do you justice.
Some lawyers, desperate for business, buy information from companies that obtain your personal information from the jail where you were booked, and then solicit you through direct mailing. Beware. You may be treated like just another case to increase revenue instead of the valuable, respected client that you are.
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Article Source :
http://www.articleseen.com/Article_What To Do if You Are Arrested for Driving Under the Influence?_78310.aspx
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Author Resource :
James W. Kellenberger is best Criminal Defense Lawyer San Jose. Currently, he is on the Board of Directors for the Half Moon Bay Senior Coastsiders
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Keywords :
What To Do if You Are Arrested for Driving Under the Influence?,
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