Southern California Defense Blog

Do Not Take Your DMV Hearing Lightly, the Risks Are Too High – Hire an Experienced DMV Hearing Attorney

Generally, only 8% of people arrested for a DUI request a DMV hearing in California. Of these 8%, however, 34% of them actually keep their driving privileges as a result of demanding such hearings. In addition, those with experienced attorneys win approximately 50% of these hearings.

Surprisingly, the reason these attorneys win so often has nothing to do with whether or not you actually refused a chemical test, or drove with an illegal level of alcohol in your system. Rather, it depends on the DMV’s dependence on paperwork, instead of live witnesses, in order to suspend your license.

Contrary to the information on the temporary license/notice of suspension provided to you, you do not have to prove that the suspension is not justified. Rather, the DMV has to prove that it is justified, and they try to do this without live witnesses through the introduction of police reports.

Often, such reports are defective in a way that is undetectable to someone that is not trained in the laws pertaining to DMV hearings. That is why retaining a skilled DMV lawyer may help you save your driving privilege.

Continue reading "What is Important in a California DMV Hearing?" »

Deportation for Drunk Driving? You Need an Experienced Criminal Defense Attorney

A new court decision may allow persons convicted of drunk driving in California to be deported. On March 4, 2009, the United States Appeals Court for the 9th circuit decided the case of Marmolejo-Campos v. Holder.

Mr. Campos was a Mexican national who was convicted of driving under the influence for the second time. While pleading guilty, he admitted knowing his license was suspended or revoked. The Board of Immigration Appeals had ruled Mr. Campos could be deported for driving under the influence with a suspended driver’s license.

They found the combination of driving under the influence and a suspended license constituted “moral turpitude.” Mr. Campos appealed that decision to the United States Appeals Court. The Appeals Court declined to change the decision. Mr. Campos was found to be deportable for a misdemeanor offense.

If not a U.S. citizen, you can’t take a chance on deportation. That’s why you need a skilled, experienced criminal defense attorney in California to advise you. You will find the attorney you need at Wallin and Klarich. Call Wallin & Klarich today at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.