Domestic violence is a crime that has turned into somewhat of an epidemic in California over the course of the past few decades. According to the National Coalition Against Domestic Violence, domestic violence is defined as the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, psychological violence, and emotional abuse. The frequency and severity of domestic violence can vary dramatically; however, the one constant component of domestic violence is one partner’s consistent efforts to maintain power and control over the other. 

Though many people already know the basics of what domestic violence means, there are many facts and statistics regarding this crime that many people are unaware of. Below you will find four uncommonly known facts and statistics about domestic violence.

1. Domestic violence goes both ways.

There are many people who believe that domestic violence is a one way street. In fact, the majority of people believe that it is only men who abuse women rather than the other way around. The sad fact of the matter is that women abuse men at approximately the same rate as men abuse women. In many cases, women are the aggressors. In fact, 1 in 3 women and 1 in 4 men have been physically abused by an intimate partner. This statistic goes to show that domestic violence happens just as much against men as it does against women.

2. 700,000 people are wrongfully arrested for domestic violence each year.

Domestic violence is considered to be an  epidemic affecting individuals in every facet of American society. Because domestic violence includes emotional and economic abuse, it’s relatively safe to say that it occurs every day across our country. However, it isn’t fair to view every person who someone has filed a complaint against as a criminal. In fact, there are many instances where the alleged victim files a false police report with malicious intent for the purpose of detrimentally affecting their intimate partner. It’s almost impossible to curb this occurrence, but in the event that a false police report is filed against you, it’s smart to consult an experienced attorney.

3. Almost 50% of men have been victims of psychological abuse in their lifetime.

Like physical abuse, emotional abuse, and economic abuse, psychological abuse is a type of domestic violence. This includes trying to keep track of a partner by demanding to know their whereabouts, insulting or humiliating their partner, or intimidating their partner in an effort to make them do what they’d like them to do. Many people in relationships try to get their way by using coercion or fear. This isn’t moral or legal, however. In the event that your partner psychological abuses you, it’s in your best interest to remove yourself from that situation. Accepting that “that’s just the way they are” or “they’re just in a bad mood” is no excuse to continue to condone psychological abuse because that psychological abuse could cause much more serious problems in your relationship and your life.

If you happen to find yourself being accused of domestic violence, it’s smart to contact a lawyer specialized in defending domestic violence cases. An attorney with experience in this very specific type of law can review the facts of your case and give you the best chance to beat your case. There are many factors that come into play regarding domestic violence, and you need someone on your side that can battle the court system with you.

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The California implied consent law states that ” A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.” If a blood or breath test, or both, are unavailable, then a chemical test of urine will be used. Not everyone knows everything about the California implied consent law, so below you will find some important tips about chemical tests and this law.

1. You must submit to a chemical test if you are arrested

Some states across the US, including California have implied a consent law requiring drivers to submit to a chemical testing if they are arrested on suspicion of a DUI. Though field sobriety tests do not have to be taken, including a breathalyzer, if the law enforcement officer arrests you because he feels he has enough evidence to do so, you will have to submit to a chemical test or face losing your license for a year.  If this does happen to you, it’s wise to contact an experienced attorney who specializes in DUI laws.

2. You have three options of tests

Due to the California implied consent law, you are obligated to submit to one of these three tests or you could face harsh consequences. If you are subjected to chemical testing, you have the option of choosing a breath, blood, or urine test to confirm that you were under the influence of alcohol upon arrest. Usually, a breath or blood test is offered immediately following your arrest, and a urine test is usually issued as a last resort. Urine testing can prove to have many discrepancies compared to the blood or breath tests, but know that all three of these tests can be proven to be inconclusive. For this reason, it’s not a bad idea to contact a DUI lawyer like Max Gorby to fight for you and attempt to throw out the chemical tests given to you at the police station.

3. There can be harsh penalties for refusal

If you are caught but refuse to take the chemical test, there will be penalties attached to you. The minimum penalty for the first time refusal will be a minimum of a 1-year license suspension. If you have already been convicted of DUI within 10 years, your license suspension could last up to two years or more. In addition, a violation of Vehicle Code § 14905, could also cost you up to $125 in fines.

4. Sickness or Illness are no exception

The test will be taken after you are arrested by the law enforcement officer. The officer will then offer you two initial choices – a breath test or blood test. Due to medical conditions and illnesses, some people may be limited in their capacity to comply with chemical testing. People with a respiratory disorder, those who are taking the anticoagulants for heart conditions or people who have hemophilia could be exempt from taking any of the alcohol tests. This does not mean they are off the hook, however. It’s smart to consult with a knowledgeable attorney to determine the next steps to take when combating your DUI case.  

5. DUI Lawyers can help tremendously

An attorney like Max Gorby who specializes in DUI law can help you get your case reduced or dismissed regardless of what your blood alcohol content may or may not be. There are many factors that play a role in a conviction of a DUI, and with a smart attorney on your side, you can use the police officer’s tactics and protocols against them!

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5 Things to Know About Getting a Past DUI Case Expunged

Facing the consequences of a DUI conviction is a horrible feeling. No one enjoys knowing that they now have a DUI on their record. In some of the worst case scenarios, you could lose your job, create a strain on your personal life, have difficulty finding more work, or have problems getting into schools. Though some states don’t allow the DUI charges to be expunged, California does. In fact, having your criminal record expunged is important after you have finished probation, especially if you plan to continue to progress in your personal and professional lives. No one wants to have a paper trail of criminal wrongdoings on their public record, so getting a DUI expunged is a great option to try to move on with your life.  

For those that don’t know, an expungement is when you make a petition to the judge requesting the complete removal of the DUI case from your records. If the motion for the expungement is passed, your DUI will be erased from all public records. Here at the Law Offices of Max Gorby, we understand that some people make mistakes, and we will do everything in our power to help you move forward with your life after your unfortunate lapse of judgement.

1. Waiting Period

A DUI record is not very easy to be erased. Like with most cases, you have to wait once your petition has been filed in the court system.  Keep in mind that if you have the right attorney, you can expedite the process of an expungement. No one enjoys waiting for anything, but it is something we all must accept.

2. Court Priorities

Expungement cases are usually not a top priority in court due to the fact that there are much more pressing matters at hand. Requesting a mistake be erased from your past is probably not as important as most of the other cases that judges have to deal with on a daily basis. 

3. Finishing Probation

When you are convicted of a DUI, your license will be suspended for up to one year, and you will serve up to three years of probation as penance for your crime. However, as long as you have complied with the courts probationary terms from the moment you were convicted of a DUI (attended all classes, paid your fines, finished your probation, etc.), you will have a legitimate chance to get your criminal record expunged.

4. No New Crimes

A surefire way to make sure you can’t get anything expunged from your record is to continue to commit crimes. No judge in his right mind will erase a crime from the public record if you committed the same crime 3 separate times since the first one. If you happen to have a traffic violation or some kind of minor violation that has nothing to do with a DUI, it would be smart to contact an experienced attorney to make sure that blasting your music too loud in a residential area (or something of the sort) doesn’t hurt your chances of getting a DUI expunged.

5. What to Expect

The moment you hire an attorney to start working on getting your past record expunged, he will need to know a couple facts pertaining to your case. Let him know about your past conviction cases, your driving history, and whether or not you are off probation. He will ask these questions in order to determine whether you are wasting your time, his time, and the court’s time. This is yet another reason why you should hire the professional services of Max Gorby to get the results you are looking for. 

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Getting arrested for a DUI is usually one of the last things on anyone’s bucket list. The amount of time, money and inconvenience you will face following a DUI arrest is enough to give anyone a headache. Many people know that after your arrested for a DUI, you will go to jail and go to court, but there is a lot more to it than that. Below we will share 5 things about a California DUI arrest that are not common knowledge. If you are not familiar with what happens after you are arrested for a DUI, please take the time and read the following article.

1. Your license will be confiscated upon arrest

After you are arrested for a DUI, the arresting police officer will confiscate your driver’s license. Though you can retrieve your driver’s license if proven that you are innocent in the DMV hearing,  the arresting officer will hold the license until the process for the criminal proceedings have finished. If you lose your DMV hearing, your license will be suspended for a year. Following that year, your license will be given back if you pay the $125 fee to get it reinstated.

2. You will obtain solicitations from lawyers because your DUI is public knowledge

Since the court system can sometimes prove to be a legal circus, lawyers will surely bombard the mailing address that you gave to them with all the needed information regarding their services. Since your name is on the database for DUI offenders now, lawyers in your area will try to capitalize on your circumstances. Sifting through qualified attorneys, it’s smart to choose one with experience and a specialty in DUI law. 

3. You (or your lawyer) will have to participate in two different legal proceedings

The moment you are arrested for a DUI in California, you will have to battle two different courts: an administrative hearing and a criminal hearing. The administrative hearing, or DMV hearing,  that involves your driver’s license whereas the criminal hearing determines whether or not you will have to serve time in jail. You would improve your chances of reducing or dismissing your case greatly if you hired an attorney to represent you at both of these legal proceedings. A qualified and experienced DUI lawyer like Max Gorby could take care of these legal proceedings for you, and in some cases, you wouldn’t have to even show up. 

4. If you are convicted, DUI schooling is required.

There are “DUI education programs” in California that exist in order to deter people from drinking and driving again. In other words, these classes are simply  to educate DUI drivers who commit violations. To avoid these classes, it’s wise to contact DUI lawyer to spare you the time, money, and inconvenience of these classes. An experienced attorney can reduce your charges allowing you to avoid any kind of DUI school.

5. There are two types of license suspensions

Hard suspensions and restricted license suspensions are the two types of driver’s license suspensions. If you fail to win your appeal at your DMV hearing, your license will be suspended for a year, but you are eligible for a restricted license following 30 days, but you must also enroll into an alcohol program and provide proof of insurance. This restricted license is limited to driving to work and to your DUI classes, however.

Getting a DUI is never a fun experience. The more you know about the process of the court, the better your chances will be when you fight it. Though you can attempt to tackle the court system by yourself, it’s wise to consult a knowledgeable DUI lawyer to fight along your side.

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The easiest way to prevent getting a DUI charge is simply not drinking and driving. By doing so, you are putting yourself and others at risk for harm, bodily injury or worst. To be blunt: DO NOT DRINK ALCOHOL AND OPERATE A MOTOR VEHICLE!

That being said, it is very hard to beat a California DUI charge regardless of if you are guilty or not, but with the help of a qualified attorney you can greatly improve your chances of getting your case reduced or dismissed.There are a number of different ways to beat a California DUI charge, and we have a list of 5 below to give you an idea of some tactics used in court to get a case reduced or dismissed.

1. Mouth Alcohol

Mouth alcohol is an important DUI defense. Some of the DUI breath testing instruments can detect mouth alcohol. Just by using a mouthwash or Chloraseptic spray that contains alcohol could mess up the results of the breathalyzer test. For this reason, you can challenge the result of your breathalyzer test if you had been using mouthwash the night your were arrested for a DUI.   

2. Blood Test Mistakes and Errors

Human error is not a rare occurrence. Moreover, errors can also occur during a blood test and blood test results. No test is 100% accurate, including blood alcohol concentration testing. Though the margin of error is only approximately .005%, that margin could prove to be just enough to get DUI case reduced or dismissed.

3. Lack of Probable Cause

The Fourth Amendment of the United States Constitution bars law enforcement officers from unreasonable search and seizure. In other words, a cop can’t pull a person over without a solid reason.  In the event that a police officer does pull you over without probable cause, you and your counsel can file a motion to suppress. In short, everything that would occur after the illegal stop would be inadmissible in court rendering the case dismissed.

4. Explanation for Physical signs of DUI

Upon being stopped by an officer, the officer will claim that you exhibit odor of an alcoholic drink, red and watery eye and a flushed face. But, it doesn’t mean that you are already a DUI. This is not an enough proof that you will be charged for a DUI case. You can have some additional innocent explanations such as allergies, illness or even physical injury. This can explain the physical signs and symptoms that are associated with the violation.

5. Bad Driving

Police officers often associate erratic driving and bad driving with people who are under the influence of alcohol. Though there are many cases where this may be true, bad driving is not illegal. If a bad driver turns reckless, it is illegal however. But though it may surprise you, it is not a crime to be a horrible driver. There are many reasons that you may have been driving around erratically, which include distractions by passengers, an emergency in your vehicle, eating in your car, spilling something in your car, or being distracted by loud music. If you do get pulled over for a DUI for bad driving, consult an attorney and let him sort out the best defense for you.

It’s not easy to beat a DUI case in the state of California. Make sure you consult an experienced and qualified DUI lawyer like Max Gorby to hold your hand through the court process.  

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If you have recently been charged with a DUI, the next few months of your life could prove to be difficult. For this reason, it is best to hire a quality DUI lawyer to help guide you through this difficult time in your life. No one wants to battle the court system by themselves, so having an experienced attorney like Max Gorby on your side is extremely beneficial. He can help to share some of the do’s and don’t’s during your pending court appointments as certain behaviors or actions might complicate or negatively influence your case by casting doubt on reliability, intent and credibility.

1. Driving With a Suspended License

When your driver’s license is confiscated by the authority throughout your ongoing case, you are prohibited from driving your vehicle. In the event that you appeal and win your DMV case, your license will be returned to you. But if you lose your DMV appeal hearing, your license will be suspended for up to a year. Furthermore, your license will be suspended for 30 days before you can apply for a restricted license that allows you to drive to school and work.

If you happen to decide to drive anyways and violate the license suspension or any of the terms the court has imposed, you may face monetary fines that range from hundreds to thousands of dollars. In addition, you can be subjected to an increase of time in jail . For this reason, it is in your best interest to refrain from using your vehicle while you have a pending DUI case until you talk to your DUI lawyer in Los Angeles before taking any action. 

2. Failing to Attend the Court at the Given Time and Date

Make sure you attend all of your scheduled court appointments to avoid harsh consequences. For instance, if you miss you arraignment date, the judge could put out a bench warrant for your arrest. In most cases however, if you obtain a DUI lawyer prior to your arraignment date, he could go in your place to let the judge know that you will be fighting the charges.

3. Publicizing Your DUI Case on Social Sites

It’s never wise to talk about your DUI case on social media sites like Twitter or Facebook. This act could just sink your case. Besides, it’s not too smart to put your personal business online for the world to see. The prosecution could try to use your words against you by taking them out of context. 

4. Partying

Binge drinking and partaking in illicit drugs is not the best idea when you have a pending court case. Prior to your court hearing and trial, your goal should be to draw less attention to yourself in order to avoid the manifestation of public intoxication and other activities or displays, which will effectively influence the discretionary decisions of the court. So be smart and try to put a limitation on drinking and partying while your DUI case is still ongoing.

5. Not Retaining an Attorney

Though you have the ability to handle the case yourself, you may also need to ask for attorney’s assistance so your case won’t sink so quickly. With a DUI lawyer like Max Gorby, you are given an informed voice for argument. He can even assist you with the license suspension, driving restrictions, court dates and local traffic codes. It’s best to have an experienced and competent lawyer on your side to walk you through the court process. Refraining from obtains one could prove to a be horrible decision.

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Image result for lawyerDriving a vehicle intoxicated is never a good idea regardless of how “fine” you may or may not feel. Though this sermon is likely being read by the choir, driving drunk puts yourself and others at risk for serious injury or even death. The laws put in place to prevent this may seem a little harsh, but they are implemented in order to keep everyone safe on the road. Who knows, maybe a DUI prevent you from killing yourself!

That being said, there are a couple crucial things you have to do if you want to successfully combat a DUI charge in court. If you are guilty of illegally driving a vehicle while drunk, it’s best to accept the punishment that you rightfully deserve. If you feel that you are undeserving of a DUI charge however, the following tips could help you prove your innocence in court. 

#1. Document everything

By documenting everything that occurred the night of your arrest, you are, in a sense, creating your own police report. An experienced attorney will use this information to combat the police officer’s report. Jotting down anything you can remember could assist your case effectively. Things like the location of where you were pulled over, the time of night you were pulled over, and any details regarding what happened following you getting pulled over could prove crucial in your case. It only takes a couple of minor details that law enforcement may have missed or miscalculated for an experienced attorney like Max Gorby to get your case reduced or even dismissed.

#2. Talk to witnesses

If there happened to be anyone watching during your detainment or arrest, they may be able to recall the event better than you could. If there happened to be a friend or family member in your vehicle at the time of your arrest, their testimony could prove key to getting you out of your DUI case. Law enforcement officers are burdened with following strict protocol during your detainment and arrest. If they happen to neglect to follow state or federal law during any moment of your arrest, you could be exonerated completely. For this reason, it’s wise to gather testimonies from anyone who could have been there.

#3. Take pictures

Depending on the road on which you were arrested, the law enforcement officer may not have had probable cause to pull you over. The term “almost” doesn’t necessarily count in a court of law when it comes to committing a crime. For instance, if you almost hit a curb and that curb happens to be the lane divider, “almost” wouldn’t count in a court of law due to the curbs proximity to your tires. By taking a picture to prove this, an experienced attorney like Max Gorby could file a motion to suppress rendering everything that happened after getting pulled over inadmissible in court. In other words, case dismissed.

#4. Plead Not Guilty

Though many people would think this is an obvious tip, it’s not. Many people get intimidated by the court system and simply plead guilty in order to end the process. But pleading guilty to a DUI charge is rarely the correct route to take. By doing this, you are technically just throwing in the towel and tarnishing your criminal record. By pleading “not guilty”, you are giving yourself a fighting chance. Even if you get represented by the state, your public defender may be able to help you get your case reduced or dismissed.

Either way, it’s smart to have someone on your side when it comes to battling a DUI. Though these three other tips can greatly assist you if you choose to fight the case yourself, it’s recommended that you talk to someone qualified and experienced to take on the court system. Attorneys like Max Gorby can help you build and win your case. 

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The most common question heard by DUI attorneys from their clients is “what type of defensive options do I have for my DUI case?” Being charged of DUI or Drunk under the Influence is a stressful, frightening and embarrassing experience. Apart from the emotional & financial costs of fighting your DUI charges, you also need to consider all possible physical costs of losing freedom if you’re incarcerated because of DUI conviction.

The good news is that there are quite a few defensive strategies that can be used to potentially gain reduce sentencing, negotiate lesser charges, obtain not guilty judgment from the jury or even a getting your case dismissed entirely. For you to know the best defense strategy for your DUI case and truths of your drunk driving charges, you really need to look for reliable and experienced DUI lawyers in Los Angeles. Here at the law offices of Max Gorby, we have enough knowledge and experiences necessary to formulate your DUI defense strategies. Not only will provide you the best defense strategy for your DUI case, but also give you the big chance to receive favorable result in your case.

When you are charged with DUI offense, there are many ways you could respond. The only thing you shouldn’t do is ignore that matter. DUI charges are not only additional traffic ticket. They are criminal offenses that carry severe and serious penalties, suspension of driving license, privileges, significant fines and even jail time. The best key to reduce the possibility of obtaining the most serious penalties or charges for your DUI case is to obtain a DUI lawyer who can highlight the weaknesses of trial’s case.

A person who had been accused of DUI crime is innocent until he or she is proven guilty. It’s not your duty to prove to the court that you are innocent. The state has the burden of trying to  prove that you’re guilty beyond a reasonable doubt. One of the very first things that you or your attorney will do is plead that you’re not guilty at your arraignment.

The main job of the accused is to raise the issue of doubt through highlighting weaknesses and mistakes in the prosecution’s case. In introducing doubt to the case, the accused should make it more difficult to the state in proving that he or she is driving while intoxicated. In doing so, you will be able to prove to the court that your innocence. When you have a solid dui lawyer, you can also rest assured that they can help you to make your statements stronger and more reasonable to the courts.

First and foremost, an experienced DUI attorney will challenge the fact that you were pulled over and arrested legally in the first place. Without probable cause to pull you over, the case could be dead in the water before it even starts. If you didn’t commit a traffic violation or give the police any reason to pull you over in the first place, a competent DUI lawyer will file a motion to suppress sighting that the 4th amendment to the constitution was violated.

Another defensive strategy that can be used for your DUI case is by questioning the reliability and validity of the field sobriety test. History has shown that these tests aren’t reliable whatsoever. For the reason, the test could prove to be inaccurate and show positive result under specific circumstances. Say for example you have medical condition, causing your eyes to jolt or jerk. You can also say that the test is conducted while the oncoming traffic headlights are shining to your eyes.

These DUI defense strategies can be very helpful to your drunk driving case. Though we can’t (or won’t) share all of our defensive strategies with the world on a website, our job at the Law Offices of Max Gorby is to give you an ease of mind.

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shutterstock_586192727Getting pulled over and arrested for a DUI is a traumatizing experience. It’s relatively safe to assume that you know of at least one person who has been pulled over and/or arrested for a DUI as it isn’t as uncommon of an occurrence as it once was. This isn’t to say that it will ever happen to you or a loved one, but in the event that it does, it’s imperative that you are informed on what happens during and after an arrest so you know the necessary steps you are to take to try to prevent a flaw on your record.

Let’s be frank–getting a DUI sucks. The long hours you might have spent in a holding cell waiting to be released could have been some of the longest hours of your life. The entire experience could even make you feel like a dirty criminal that robbed an old lady or punched a baby or worse. In addition to the dirty conditions of the “drunk tank” and the questionable characters you may have been sitting next to while waiting to be released, the idea of having a blemished record for an ugly mistake can make a person feel sick. Here at the Law Offices of Max Gorby, our primary goal is to alleviate you of your stress and fight for you to make sure that your one mistake won’t cost you anything more than it already has.

The second you get out of the holding cell is relieving, but that relief is also short-lived. You are out of a perceived hell, but your car is impounded, your license is gone, and now you have a court date that will determine if you go to jail or not depending on the circumstances of your case (and how good your attorney is). This is no time to sulk or to wait and see what happens however, as there is little to no time to spare getting your life back on track.

One of the first things you should do upon getting out of jail is to handle the time-sensitive matters at hand. These include, but are not limited to, finding an experienced attorney and requesting an APS (DMV) hearing. If you obtain an attorney first, your attorney can contest your license suspension or revocation as long as you speak with your attorney within 10 calendar days from the date of your arrest as your lawyer will need to request a hearing for you. If you or your attorney do not request this DMV hearing within the allotted 10 days, your license will become automatically suspended after 30 calendar days. Here at the Law Offices of Max Gorby, we take care of all of that for you. From the moment you sign us on to represent you, we will contact the DMV to ensure that you don’t lose your license immediately. In fact, we will handle the DMV matter in its entirety allowing you the extra time to handle your normal affairs. You just need to make sure that you contact us without too much delay.

Even though you may feel guilty leaving the holding cell you lived in for numerous hours, keep in mind that an arrest does not make you guilty of anything. When you are released, you will be given a summons to appear in court on a specific date. This appearance is your first date with court and is called the arraignment. At the arraignment, the presiding judge will let you know what charges are against you. At this point, you have three options to respond: guilty, not guilty, or no contest. If you choose to plead guilty, you are giving up your right to fight and taking a plea bargain that could include hefty fines, community service, work release, court fees, and alcohol classes. If you choose not guilty, you are choosing to fight the case and try to get your charges lessened or dismissed. If you choose no contest, you are basically conceding the charge without admitting guilt or presenting a defense. In many cases, a no-contest plea will result in similar terms to the guilty plea.

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If you choose the Law Offices of Max Gorby to fight your case for you, we won’t require you to even show up to the arraignment as we will show up on your behalf and enter the plea that you and our offices agreed on per our prior discussions about your case. Following the arraignment, we may file pretrial motions or negotiate a plea bargain (depending on the case). During this time, we will proactively and aggressively work on your case to do whatever we possibly can to either reduce your sentence or get your case dismissed entirely before the first time you even have to show up in court.

If we can’t come to terms with the prosecuting attorney’s office, a trial will be set and held in court. This court is presided over by a judge with the verdict determined by a jury. After both the jury and the judge hear all of the evidence and testimonies from the witnesses of both sides (defense and prosecution), the jury will go into liberation to decide upon a verdict. At this point, we await to hear the jury’s decision on the matter and if the verdict is guilty, the judge will determine the sentencing. If the verdict is not guilty, your case will be dismissed and you will walk out of court free and clear of any and all wrongdoing.

Here at the Law Offices of Max Gorby, we will do everything possible to alleviate the newly added stress to your life. If we can, we will nip your case in the bud and get it dismissed as soon as possible. If your case does happen to go to trial though, Attorney Gorby’s record of trial success will prove invaluable, as he is one of the best in Los Angeles. Mr. Gorby doesn’t hold back any punches when it comes to fighting for you and he will take the gloves off for each and every one of his clients.

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DUI arrestIf you have a driver’s license, you know what those flashing red and blue on the top of a marked police car behind you mean–you are getting pulled over. There are many things that could be running through your mind the moment those lights turn on, but one of the first is usually some kind of expletive. Knowing the law is an important advantage you have when it comes to combating a DUI.  As professionals, the Law Offices of Max Gorby are here to help give you a few pointers on what not to do when you get pulled over for suspicion of driving under the influence.

First off, the only way to completely avoid a DUI conviction is to simply not drink and drive. There are far too many reasons for police officers to pull over drivers. For instance, if you have a broken tail light at the wrong time of the night, you could even be a victim of a bored, head hunting police officer (even though it’s not extremely common). Furthermore, if you happen to be leaving a bar at 2:02am, there is a possibility that your little license plate light that burnt out a week or so ago may get you pulled over as well. Either way, if you happen to get charged with a DUI, it’s important to consult an experienced DUI lawyer like Max Gorby as soon as you can. Facing jail time is not a fun situation. It’s important to find a DUI lawyer who has been around the block a few times who focuses on DUI’s to help you get the best results possible for your case. No matter how guilty you may think you are, it’s very possible that you’re not.

It’s important for the general public to know the law. People don’t understand how easy it is to get a DUI in today’s world. Technically, you don’t even have to be drunk to be arrested for drunk driving. It takes very few drinks to be considered a “drunk driver” and you may not even feel any different than you did at lunch 5 hours earlier. It doesn’t matter how you feel, though. It matters how the police officer thinks you feel.

The Fourth Amendment of the Constitution protects the public from unreasonable search and seizure. In other words, the police must have a valid reason for pulling you over and detaining you. If not, an experienced DUI lawyer like Max Gorby can effortlessly help get your case dismissed in a suppression hearing. The only way the state can bypass this amendment is by using a DUI sobriety checkpoint where officers can stop any vehicle at their choosing without probably cause in order to see if they are within their legal right to operate a motor vehicle. Though a police officer needs to have probable cause to pull you over, the “probably cause” list is quite long. An officer can pull you over for anything from a broken taillight or dark tint to loud exhaust pipes or a broken license plate light. In short, it’s ultimately up to the officer’s discretion. The moment they do pull you over and ask for your license and registration however, there a few things you need to know.

If you are pulled over for suspicion of a DUI, try to keep your answers limited. You don’t want to talk too much to allow the officer any more “discretionary information” to keep you from going where you are trying to go. A lot of people make the mistake of trying to carry on a casual conversation with the officer with the idea that the cop “is just like me”. By doing this, you are not only burying yourself, but you are also hurting your chances in court if, for some reason, you are arrested for a DUI. Anything you say can affect you detrimentally later on in court. If the officer asks if you have had anything to drink, any answer that is synonymous with “ yes” automatically proves to the officer and the courts that you had been drinking. Regardless of the amount that you tell them that you drank, the next step would be to see exactly how much you’ve had to drink.

This next step usually involves field sobriety tests, which brings us to our next “not to do” item– perform a field sobriety test. Complying with law enforcement is very important as a United States citizen, but field sobriety tests have proven to be largely inaccurate and they aren’t even required by law. By performing a field sobriety test, you are again giving the officer more material to build a case against you. Being unable to lift a leg, touch your nose with the tip of your index finger, or recite the ABCs backwards does not mean you are under the influence, it means you may be a bit uncoordinated. But being uncoordinated isn’t a crime, it could just mean that sports aren’t your thing. So again, refrain from performing circus stunts in front of a small audience to prove your innocence…it likely won’t help.sobriety test

When the officer’s request for you to perform field sobriety tests fails, he will ask you to blow into a breathalyzer. Again, you are not required to blow into it. This is important to know because in some cases, the police officer had no reason to pull you over in the first place and consenting to a breathalyzer test could show that you are over the limit, which gives the officer cause to arrest you. Keep in mind that it is possible to still be arrested if the officer has enough evidence to arrest you without the preliminary breathalyzer test.

Furthermore, it’s important to note that you are required to provide a chemical test if you are arrested. California has an implied consent law that states that if you refuse to submit to a chemical test, you will be subject to a fine and automatic license suspension. Due to this law, a breath, blood or urine test will be required if the police officer has built up enough evidence to arrest you for drinking and driving. Until the time comes where you are arrested for a DUI, you are within your rights to refuse any sobriety tests, though.

If the police officer has built up enough evidence to convict of you of driving under the influence of alcohol, your best bet is to consult a DUI lawyer who knows the ins and outs of DUI law. Self-incriminating yourself is one of the top ways you can get yourself in trouble with the law. But even if you do, the Law Offices of Max Gorby can help you get out of any jam you find yourself in. In addition to working to keep our clients’ driver’s licenses valid, we’ve also helped thousands of clients stay out of jail and keep them out. We will do the same for you!

Call the Max Gorby DUI Lawyer

(323) 477-2819

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