If you were arrested for driving under the influence charges in Pine Mountain Club California, Matthew can help. Time is of the essence if you want to save your license, the DMV only gives you 10 days to demand a hearing.
When you were released after the arrest you were given a Court date to appear in Lamont Court and issued a temp license that explains your DMV Hearing Rights, those rights expire after 10 days so you must act fast.
What Can a DUI Attorney Do For Me? First, our team of experts can assess the case and spot legal issues that often lead to a potential dismissal or reduction of charges. Second, we can advocate for you at the DMV, stopping the license suspension and getting a hearing to challenge the evidence to avoid loss of your driving privileges whenever possible.
What is the legal definition of “driving” in California? In the landmark case of Mercer, the California Supreme Court contrasted the term “drive,” commonly understood to require volitional movement of the vehicle, with the term “driver” defined in Vehicle Code §305 as one who is either driving or in actual physical control. The court pointed out that the phrase “actual physical control” does not appear anywhere in the drunk driving offense statutes. Further, the court noted that since “driver” is defined as one who drives or is in actual physical control, the two terms (“driver” versus “actual physical control“) must have different meanings. Construing these statutes strictly, rather than broadly, as is required by Keeler v. Superior Court of Amador County (1970) 2 C3d 619, 631, 87 CR 481, the court held that mere actual physical control is not enough to constitute driving. Therefore, “drive” for the purpose of the drunk driving statutes, requires volitional movement of the vehicle. Therefore, if you are simply behind the wheel or asleep in a motor vehicle that is not enough to be found guilty of DUI.
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What are the consequences for a Drunk Driving in Pine Mountain Club? Overall it depends on the specific facts of the case and the person’s record. If the accused has no prior convictions the maximum punishment is 6 months in jail, $3000 fine and loss of driving privileges for up to one year.
