Have you been arrested for DUI in Orange County, California, you need a experienced Orange County DUI lawyer by your side to defend your rights and assist you in avoiding a criminal conviction and the possible suspension of your driver’s license.
If this is your first DUI (driving under the influence) it can be a very scary time for you, your first step is to contact the Law Offices of Stull & Stull and make an appointment to discuss your case. We offer a no obligation free consultation to give you the background, knowledge and updated law on your DUI case.
The consultation may take up to 30 minutes. During that time we will discuss your case and by the conclusion of the consultation, you will be able to make pro-active decisions on handling your case. However, more importantly we will help put your mind at ease from all the mental anguish and stress you are currently experiencing.
1. Your driver’s license:
When you are charged with a DUI, the officer who arrests you will take your driver’s license and issue you a temporary one. This license is good for 30 days. At the end of this 30 day period, your license will be suspended for approximately 5 months. You are also issued a pink sheet of paper. When you try to read this pink sheet you may not understand it (as many lawyers do not understand the content on it) – however, upon close analysis, it explains that you may call the Department of Motor Vehicles within 10 days of receiving your DUI and request a hearing on your DUI. When this step is taken, the DMV will set a date for a DMV hearing. You are allowed access to a copy of your police report and to have your suspension stayed until the results of your DMV hearing have been finalized. This means you are allowed to keep your driver’s license longer and it gives you a chance to fight your license suspension.
This is where our law firm can assist you. When you call and / or meet with us, we will call the Department of Motor Vehicles for you, give them your driver’s license number and set up a DMV hearing. We are able to obtain your police reports before the hearing. This gives us an advantage while we are working on your case. Additionally, we can prepare a DMV defense, which gives us a chance to keep your license from being suspended. In any event, if your license does end up being suspended, we can have a plan for determining when your license will be suspended.
For example, we have represented a client who was a Chairman of one of the Rose Bowl Parades, who received a DUI in October. Because he absolutely needed his license through the first month of the year, we were able to negotiate a DMV hearing date, which allowed him to keep his license through the first month of the New Year. Our ability to control the time that his license was actually taken from him was critical to him, the parade and his livelihood.
2. Will I Lose My License? If So, For How Long?
Will your driver’s license ultimately be suspended? We can’t tell at this point. The way we can determine this is by reviewing the actual police report from your arrest. However, at the Law Offices of Stull & Stull, we prepare your case for the best or worst outcome. In other words, we plan ahead for either possibility, prepare and hope for the best, but also have a plan in the rare case of the “worst” outcome.
If you do end up losing your license, but strategically control the DMV and courts to the extent available, you could, theoretically, end up being suspended for approximately 30 days. In this scenario, at the end of 30 days, you would be allowed to obtain a restricted license, which allows you to travel to and from work and to and from any court ordered rehabilitation programs or appointments.
The key is to coordinate the DMV suspension with your court case. It is a juggling act with the two agencies. However, if executed properly, it can benefit you greatly in the long run.
The key to making this process work is timing. We must coordinate the DMV suspension close in proximity to resolving your case. The problem that can arise with this strategy is that sometimes the District Attorney’s office files your DUI case late and the DMV wants to resolve your case earlier.
The Law Offices of Stull & Stull are very experienced in handling this issue and making sure that your license is not suspended any longer than it has to be.
3. Will I Have To Go To Court?
Many of our clients are very busy, overworked professionals or are afraid to go to the courthouse. Most of our clients also do not like to sit in a court room for 2-4 hours of their day and listen to the Judge call each case before he gets to their name. The good news is there is a provision in the Penal Code – Section 977(a), which allows your attorney to make all of your court appearances with your approval.
This means, ultimately, you may never have to appear in court. Our typical client never steps foot in the court room. We handle all of the court appearances and, if the case reaches the point where we enter a plea, we can send the plea by mail and you simply have to sign a few documents and have your signature notarized. Furthermore, we go to the alcohol liaison office and set up the appointment for the court ordered DUI school and the Mothers Against Drunk Drivers panels for you, so you do not have to wait in their offices.
Having an attorney represent and attend court on your behalf can save you many, many hours of anxiety, frustration and time. We are very experienced in the process, and we handle most misdemeanor cases for clients without them ever having to appear in court.