Drunk Driving Defense Attorney Orange County
Barry Simons is one of the Founding Members of the National College for DUI Defense and currently serves on that organization's 12-member Board of Regents. Barry Simons is one of only four attorneys in the State of California to hold Board Certification in DUI Defense under standards approved by the American Bar Association. In 2001, he was selected to serve as Vice-Chair of the DUI Advocacy Commission of the National Association of Criminal Defense Attorneys. Barry Simons is currently on the Board Of Directors of the California Association of DUI Lawyers and has qualified as a Specialist Member. Barry Simons is also "Preeminent" and “AV” Rated by Martindale-Hubbell and has been selected to "Who's Who In American Law".Barry Simons is also the "Co-Author" to "California Drunk Driving Law", the "Bible" of DUI Defense.
In 1998, Barry Simons established relaxed standards required at DMV Hearings to challenge alcohol-testing procedures in DUI Cases. (Robertson v Zolin In 1999, he forced the DMV to announce that they would cancel 4,700 drunk driving suspensions after exposing the Orange County Crime Laboratory’s use of unapproved breath testing machines (Trautman v DMV). In 2002, Barry Simons exposed the Orange County Crime Laboratory’s use of unapproved Blood Testing methods between 1996-and-2002 (Bite v. Gourley) invalidating blood test suspensions for all of his clients during that entire period.
Barry Simons followed these accomplishments in 2003 with Baker v Gourley, which established the rule that the DMV cannot rely on police opinions of intoxication to suspend drivers' licenses. His class action lawsuit against the entire Irvine Police Department for failing to give DUI arrestees a choice between blood or breath and urine tests resulted in the decision in Nelson v. City of Irvine in the Federal Ninth Circuit Court of Appeals, which was upheld by the U.S. Supreme Court. In that case, Barry Simons established for the first time that an arrestee has a constitutional right to choose a breath test and that the police cannot compel a blood test from a driver who wants a breath test, except under unusual circumstances. His most recent case was before the United States Supreme Court in a challenge to "Roadblocks".
Barry Simons has presented his cases and lectured at seminars for DUI attorneys throughout the United States on subjects including scientific evidence, legal motions, DMV practices and procedures, and the interstate implications of DUI license suspensions. His drunk driving cases include successful challenges in both trial and appellate courts to DUI Roadblocks, Preliminary Alcohol Screening Devices, DMV procedures and practices and refusals to take chemical tests. Barry Simons is Orange County's “Recognized Leader in DUI Defense”
The DMV will suspend your driver's license from four months to four years depending on priors and other aggravating facts unless you take immediate action!
- The Temporary License that you got at the time of your release from jail in place of your Real Driver's License has a HIDDEN TIME BOMB: You MUST CONTACT THE DMV WITHIN 10 DAYS OF YOUR ARREST TO REQUEST A HEARING TO CONTEST THE SUSPENSION OF YOUR DRIVER'S LICENSE. If you make a timely request for an administrative hearing, the suspension of your license will be STAYED pending the final determination of your case by the DMV. You also have the RIGHT TO APPEAL a DMV Hearing Officer’s decision against you to a REAL JUDGE
- If you are going to hire an attorney, do so prior to contacting DMV. Your attorney will be able to push your hearing date back to ensure that you are fully prepared for your DMV case. Furthermore, your attorney will need to coordinate your hearing date with your defense in Court. If you are approaching the 10-day limit, call the DMV immediately to request an in-person hearing and advise them that your attorney will be contacting them to set up a date. REQUEST A STAY and take note of the person with whom you spoke. You must request a hearing through a DRIVER SAFETY OFFICE in the County of your arrest— DO NOT CALL A DMV FIELD OFFICE. Do not let the DMV talk you out of requesting a Hearing and getting a Stay on your Suspension!
- DMV CASES CAN BE WON. Many people think that if their blood or breath test resulted in a reading of 0.08% or more they will automatically loose their license. THIS IS NOT TRUE. There are many technical/scientific and legal defenses including the failure to strictly comply with the California Code of Regulations, which can and do result in suspensions being set aside. Our Office has focused on finding systematic failures of government agencies to follow the rules set forth in Title 17 of the California Code of Regulations, which have resulted in successful challenges to DMV suspensions in a majority of our cases over the last ten years.
- THE DMV NOW SUSPENDS FOR CONVICTIONS. As of Sept. 20, 2005, the DMV has taken over jurisdiction of all suspensions and restrictions of Driver’s Licenses. (The Court, however, retains the power to exclude a Restriction upon a proper showing)A 1st Offense DUI conviction carries a 6-month suspension. Restrictions are still available, but new regulations make it much more difficult to avoid a suspension and require a well thought out strategy by an experienced DUI Attorney. A 2nd Offense DUI conviction within 10 years of a prior offense carries a 2-year suspension that cannot be converted into a restriction for at least a year unless you are successful at both the DMV Hearing and the Court case. Winning in Court, or having your 2nd Offense DUI reduced after winning at the DMV Hearing, is critical to avoid a minimum 1-year suspension.Now, more than ever, a multiple offender needs an attorney dedicated DUI defense!
An Attorney who specializes in DUI Defense can guide you through the legal process in ways that could substantially reduce any suspension imposed by 50-100%, even if your case cannot be won outright.
Is A DUI Conviction A Felony?
A first-time DUI conviction is normally charged as a misdemeanor, not a felony. However, if someone was injured as a result of the drunk driving, the charges can be elevated to a felony. If the injuries are serious enough, a special sentencing enhancement allegation can be filed making the DUI with injury a “Serious and Violent Felony”. If anyone dies as a result of drunk driving, one can be charged with Vehicular Manslaughter While Intoxicated or, Gross Vehicular Manslaughter While Intoxicated. If someone dies as a result of drunk driving, and the driver has a prior conviction for DUI, it is likely that he/she will be charged under an Implied Malice theory. Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10-years of the new charge. Whether a DUI conviction ends up as a misdemeanor or a felony depends heavily upon the type and length of the punishment for the crime. For example, misdemeanors carry the possibility of incarceration in the county or local jail for one year or less; felonies usually require a state prison term for more than a year.
What Criminal Penalties Follow A DUI Conviction?
A DUI conviction may affix criminal penalties such as fines, jail, probation, and/or community service. There are mandatory minimum penalties for first-time offenses and increased penalties for each additional offense thereafter. Drivers with prior DUI convictions should be aware that minimums are just that!! Conservative Judges and zealous Prosecutors will seek lengthy jail sentences for multiple offenders—especially for those who are still on probation for a prior offense. It is therefore critical to have an experienced DUI Attorney who is familiar with the Court you are assigned and how to avoid harsh jail sentences. The look-back period for multiple offenses has been increased from 7 years to 10 years. Drivers with prior convictions for offenses, which were more than 7 years from the date of their prior offense, may have a constitutional challenge to the retroactive increase and should contact an Attorney who specializes in DUI Defense. The severity of criminal penalties will vary according to the circumstances of the offense that include, but are not limited to: whether the driver has a history of DUI violations, whether the driver was operating a commercial vehicle at the time of the DUI, whether the DUI violation occurred while there was a child in the vehicle, whether the DUI violation occurred simultaneously with another dangerous moving violation; i.e. reckless driving, whether the DUI violation involved a car accident in which property damage occurred, whether the DUI violation involved a car accident in which another person was injured or killed, and whether the driver was under the legal drinking age at the time of the DUI violation.
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