Fresno Criminal Lawyer Blog

A 21-year-old man was recently arrested by Fresno Police on a charge of suspicion of DUI after flipping his truck near Shields and Maples avenues in Fresno, CBS News reports.

Fresno DUI Defense Lawyers have handled countless DUI cases and are prepared to defend anyone charged with this type of crime. Whether it is DUI in Visalia or elsewhere in the Central Valley, our law team will represent you where you face the charge.

In the case in Fresno, the 21-year-old Clovis man lost control of his truck at the intersection, flipping the vehicle, hitting another car, a curb and finally a tree. The news station reports that the man tried to run away, but was nabbed by police. The article quotes police saying the man was drunk, but the story doesn't say how or why police made the presumption.

Based on the news story, it seems likely that the man could face additional charges, such as resisting arrest (California Penal Code 148) and DUI causing injury (California Vehicle Code 23153).

When police charge up a client, an experienced defense lawyer can often have some of the charges reduced or dismissed. Still, the penalties shouldn't taken lightly. For instance, resisting arrest in California is punishable by up to a year in jail and a $1,000 fine.DUI in California for a first-time offender is punishable by up to six months in jail with a minimum of 96 hours in custody. You can be fined between $390 and $1,000 and can have other sanctions, such as an ignition interlock device and an alcohol and drug prevention program, imposed on you. In DUI cases involving injury, the penalties are a bit steeper, with possible imprisonment up to a year, along with fines and fees.

And getting arrested for DUI also threatens your driver's license. Arguing to keep your driver's license requires a separate process.

In California, a Department of Motor Vehicles hearing is necessary to get a person's license back. But this is difficult to do alone, so consult with Fresno DUI Defense Lawyers immediately. A DMV hearing must be requested within 10 days of an arrest. If you miss that window, you lose the right to ask for a hearing.

Our firm will request a hearing, obtain a stay of the suspension and get you a temporary driver's license. Typically, a defendant is able to drive with the temporary license pending the decision at the hearing.

Many people think that simply being arrested for DUI means they will lose their license in the DMV hearing, but that's not true. These are separate issues and DMV hearings are procedural in nature. So, being able to prove the officer made a mistake in how he or she handled the arrest or conducted testing can lead to a license being reinstated. The criminal case doesn't have a bearing on the DMV hearing.

But these matters are complex and require a veteran attorney who has handled countless numbers of these hearings. Knowing the California Vehicle Code, having experience in how the system works and knowing how to fight for you are valuable assets Fresno DUI Defense Lawyers are proud to offer.

Continue reading "Accident Leads to DUI Arrest in Fresno" »

Fresno Police Department Officer, Brian Phelps, is lucky that he was not seriously injured when a fleeing driver at a Fresno DUI checkpoint took off, dragging Phelps with him. I have had the pleasure of cross-examining Officer Phelps in court and at several DMV hearings in Fresno. Despite the obvious adversarial nature of my job as a Fresno DUI Attorney, I'm very grateful that Officer Phelps was not badly injured and I hope he makes a full recovery.

It goes without saying that I have a job to do and the police officers have their jobs to do. Ultimately, I have a great deal of respect for police officers and the service they provide to me, my family and the rest of the community. As a Fresno criminal defense attorney, my job is to point out the mistakes and protect people from erroneous convictions- not to take things personally.

Apparently, Officer Phelps was working at a Fresno area DUI checkpoint, when the driver in this case, Richard Caldwell approached the checkpoint. Officer Phelps tried to remove a cup containing alcohol from the motorist when he hit the gas and lurched forward. Phelps, apparently, was half inside the vehicle and he went about 20-30 feet sticking out of the vehicle.

Caldwell, who is an active parolee, was driving a stolen truck and did not have a valid driver's license. Amazingly, officers also saw him pitching stolen credit cards from his window as they were following him. Drivers cited at DUI checkpoints, who actually stop for the police, are usually well advised to look for aggressive Fresno DUI lawyers to handle their case.

The fortunate part of this story is that Officer Phelps walked away from the incident with minor injuries. However, this incident also highlights the lengths some people will go to avoid getting caught. Working as Fresno criminal defense lawyer, I am often confronted with sticky situations clients often get themselves into, however, despite the odds, it's always important to tackle the case as aggressively as possible.

KMPH News: DUI Dangers: Fresno Officer Hurt at Checkpoint