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Santa Cruz Criminal Defense |
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Proven DUI Defense in Santa Cruz
As a DUI lawyer in Santa Cruz, I focus on all matters relating to DUI cases, including current DUI laws, DUI arrest procedure, drunk driving charges, drunk driving science, forensic witness testimony, and every available DUI defense. I am able to appear in court for you. I have the most common types of breath alcohol testing devices used in Santa Cruz in my office. I know that they can mistakenly show results higher than the legal blood alcohol level. I am a DUI defense lawyer in Santa Cruz who is certified in DUI/DWI detection and standardized field sobriety testing by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police. I am a member of the State Bar of California, the National College for DUI Defense, the California DUI Lawyers Association, the National Organization for Reform of Marijuana Laws(NORML), the Santa Cruz County Bar, and the Santa Cruz Criminal Defense Bar. My office is located in downtown Santa Cruz, one block from the Santa Cruz Superior Court at 701 Ocean Street, where the vast majority of Santa Cruz DUI cases are set. I have appeared in every criminal court department and been before every judge in town. A DUI Defense Attorney Who Puts Your Goals First DUI is the most commonly charged crime in California. Accordingly, my clients are very diverse. They include teachers, doctors, laborers, salespeople and students. They are all ages and ethnicities. Most importantly, they often have very different goals. Some common objectives my clients have are as follows:
To achieve these goals in a DUI case you must understand that, at first, the power lies with the prosecution. Early on it may seem like they have all the power in the world over you and your life. They do not. They do however, have resources. They have a complete law office (the District Attorney’s Office) with their own exclusive attorneys (the prosecutors). I can help level the playing field. The police are trained to write reports and to testify in court. The prosecutors are attorneys who are trained to argue evidence to secure convictions. The state’s investigators gather evidence to convict defendants. The government employs full time “criminalists” who will testify against you. I help to counterbalance the power of the police and the prosecution. I am trained in the law and can focus on the evidence that will support the legitimate defenses to a DUI case. I can help you understand the process and testify confidently, (if you choose to testify). Together, we will make a DUI defense report, similar to the reports made by the police, which will emphasize all of the potential defenses and the positive facts that the police choose to ignore. Furthermore, I have investigators who gather evidence to defend you. I can review the science with an expert witness who is independent of the prosecution, and does not rely on their result-oriented science.
I do not rely on the police or the prosecution to conduct the investigation of your case. We help you assert a vigorous and confident affirmative defense. Simple reliance on what is provided by the District Attorney’s office is a path to failure. Win Even the Toughest DUI Cases “But My Case Is Really Bad...” It may not be that bad. Really. Furthermore, if it ends up bad factually, then it is still not over. There may be a way to win even the toughest DUI cases that has a different focus than the alcohol breath test results, the field sobriety tests, or even a forced blood test. For example, chances are that there was no warrant for your DUI arrest. That fact alone can be the basis for a motion before the court that could lead to all the evidence in your case being dismissed. I have obtained dismissals of DUI charges and entire DUI cases precisely this way. Furthermore, there is always the issue of mitigation of sentence and getting the minimum possible punishment. This can include alternatives to jail and special terms of probation. An important resource in a DUI case is not the police report, or anything in the possession of the prosecution, but is something that you already have. There must be detailed interview of you. You were there and you know what happened. My interview and investigation is an opportunity to develop our case and discover issues that can help in your defense. It is a confidential and guided look back at the events. Rather than treat you critically as a criminal defendant, I listen to you as the important eyewitness that you are. Another important step is to visit the scene. This includes the route that you drove when the officer made contact with you. I photograph the scene, measure the area, and study the angles. I want to know it better than the arresting officers. Some scenes are really amazing. Check out this photo of an extremely bad place for field sobriety tests. Can you see why this is a poor location to make someone do “sobriety” tests which require balancing and walking? You could ski down this hill! Most interesting is the description of the location as “level” by the police. The Breath Test Machine
In many cases a breath test machine is the star witness against you. I is therefore vitally important to study this witness in detail. Like any adverse witness, it can be impeached. Its credibility can be attacked. Is it telling the truth? Did this device have any problems in the past? Does this device measure accurately? Investigation into the background and the character of this witness is essential. Like any forensic test, the procedure followed and the operator’s performance and conduct are critical. Here is a photo of a breath test device from a major urban police station. After hearing what happened to my client, I went to the station and, with a bit of persistence, managed to get photos of the exact device used to test my client. Do you see any problems here? This device is placed under a cabinet, and the expired air was returning into the device causing persistent errors! If there was a blood test it is essential that an independent lab extensively test that blood. Is it accurate? Is it even yours? I refuse to believe results provided to me by any crime lab run by law enforcement. This is only part of my approach to illustrate how as a focused DUI attorney I will help you. 10 Days to Prevent Automatic License Suspension
The California Department of Motor Vehicles administrative hearing process must be initiated within ten days of the arrest or the right to a hearing is lost. This is only one example of how the DMV is at the forefront of the politically induced prejudice against any driver accused of an alcohol related driving crime. The DMV administrative hearing is considered a separate civil (non-criminal) action. It relates only to the driving license. The DMV process is the source of considerable confusion for drivers accused of a DUI, and is an extremely complicated and technical area of law. Without an attorney there is virtually no chance of winning at the DMV. Let me take care of the DMV, including the setting of a hearing, the preparation of the case and the legal arguments. Contact My Law Office Meet With Attorney JP Lavallee Contact my Law Office at (831)
458-1011 for a free consultation and review of
the facts surrounding your case. Serving all of Santa Cruz and nearby counties. Call (831) 458-1011 To Discuss Retaining Santa Cruz DUI Lawyer |
Personal Service, Local Experience, Reasonable Fees 
A Special DMV Hearing Must Be Scheduled