Questions After Arrest

1. Did the officer conduct a lawful stop?

Typical cues for a DUI stop are the following taken from the National Highway Traffic Association:
Turning with a wide radius
Almost striking object or vehicle
Weaving
Straddling center or lane marker
Appearing to be impaired
Driving on other than designated roadway
Driving into opposing or crossing traffic
Slow responses to traffic signals
Turning abruptly or illegally
Stopping inappropriately
Accelerating/decelerating rapidly
Headlights off
Swerving
Following too closely
Drifting
Speed lower than 10 mph below limit
Stopping without cause in traffic lane
Tires on center or lane marker
Braking erratically
Signaling inconsistent with driving

There are many defenses to these "cues." Ms. Morell would address the defenses for your case in your consultation.

2. Will I go to jail?

The answer to this question really is: it depends. After you meet with Ms. Morell, she will be able to tell you the answer to the question given the facts of your case.

A conviction of VC Section 23152(a) or 23152(b) without priors can entail:

• $390 to $100 fine, plus assessments
• May impound car up to 6 months if owned by defendant
• Refusal is additional 48 hours confinement in jail if plead and proven.
• If under 14-year-old passenger pled and proved, additional 48 continuous hours jail, unless convicted of Penal Code Section 273(a).
• If driving privilege suspended, no return of driving privilege until DUI program is done.
• Optional vehicle impoundment up to 30 days if car owned by defendant.

Without Probation:

• 96 hours to 6 months jail, at least 48 hours of which must be continuous.
• Suspend driving privilege 6 months

With Probation for 3 to 5 years:

• First offender drinking driver program minimum of 3 months/30 hours

And either:

• 48 hours jail and suspended driver's privilege 6 months

OR, if no refusal pled and proven

• 90-day work/DUI program-only driving restriction following the DMV suspension

3. I feel guilty does that mean I'm guilty?

Your feelings of guilt have nothing to do with the prosecutor's ability to PROVE the State's case. Ms. Morell will fully and personally investigate your DUI case, including using the powers of a subpoena to obtain all necessary records from machines used whether your test was a breath, blood or urine; consulting with Forensic Toxicologists; using her private investigator; and consulting with accident reconstructionist experts. She will then discuss the available defenses in your case with you and your options.

4. This has never happened to me before and I'm scared, should I hire an attorney or represent myself?

Ms. Morell advises that you should not represent yourself. DUI is a very complex area of law. Criminal Defense attorneys that handle Murder cases often times state that DUI's are far more complex due to their scientific complexities. DUI defense involves knowledge of complicated science issues from how breath machines actually work to what type of device was used to test blood samples. Also, court procedures are difficult to understand unless you are familiar with criminal procedure laws. Also, penalties for DUI are becoming harsher and harsher and this is why you need a DUI Attorney on your side.

5. What is going to happen to my car insurance premiums?

After you are arrested you are given a pink piece of paper that has a lot of legal jargon. This paper is your temporary license for 30 days. Remember, a DMV hearing must be requested within 10 CALENDAR days of arrest or your license will automatically suspended. You have absolutely nothing to lose by requesting and obtaining a DMV hearing - only something to gain. If Ms. Morell wins the hearing for you, your license will not be suspended from the DMV action and no additional insurance will be required from the DMV hearing action - no expensive SR-22 Form. But, remember the court outcome is just as important in saving your licenses and potential insurance increases. Ms. Morell will tell you her plan to try to minimize any insurance increases.

6. Will my license be suspended?

After you were arrested or detained, you were most likely given a pink piece of paper and your California driver's license taken by the police officer. That pink piece of paper is your temporary driver's license. It contains a lot of very confusing information. CAUTION: you must request a DMV hearing within 10 days of the date of your arrest. Our office can help you do this. We know the numbers to call to talk to an actual human being at the DMV - not a recording, which is what you will hear if you call the number at the top right on the pink piece of paper.

Your license could be suspended. However, there are many defenses to DMV hearings and that is why you need to talk with a DUI lawyer. If the hearing is won, you may suffer no suspension at all.

7. How much will this cost?

This question is difficult to answer because each case is different and require different amounts of time to effectively defend. We charge a "flat fee." This means that we do not charge hourly. We quote you a fee for service that typically includes court appearances and the DMV hearing. Please do not hesitate to call so that Ms. Morell can meet with you and give you a quote for your case. We know these are tough economic times for everyone, and offer payment plans. We also accept all major credit cards.

8. Can I get my criminal record expunged?

After a conviction of a crime, you may be able to have your criminal record cleared. This is usually referred to as an "expungement." Please contact Ms. Morell to review your case.