San Luis Obispo DUI Attorney
George O'Neill
An arrest for drunk driving can be a stressful and fearful event. It is no secret that people convicted of DUI can lose their drivers licenses, and as a result, their jobs. The fear of financial difficulty is quite real. For most people, the very thought of a jail or prison sentence raises concerns about personal safety.
As a skilled San Luis Obispo DUI Attorney, I bring experience, service and a proven record of courtroom victories to the aggressive and effective legal representation of those charged with drunk driving related offenses in San Luis Obispo and throughout the state of California, within the following areas:
Since 1975 I have been representing clients with DUI cases, however I began concentrating on these cases when the State of California began its focus on DUI cases in the early 1980's. I only represent clients with criminal cases; 95% of those are DUI.
San Luis Obispo County has three court branches: Paso Robles, San Luis Obispo and Grover Beach. The following cities are handled by these three courts: Templeton, Atascadero, Cambria, Cayucos, Morro Bay, Nipomo, Oceano, Arroyo Grande and Pismo Beach.
If you have been charged with a misdemeanor DUI offense, you have signed a Promise to Appear in court at a future date. If I represent you, you will not normally have to make any court appearances yourself; I will be in court on your behalf. However, if you are charged with having committed a felony, you must be present with your attorney.
The majority of DUI's are misdemeanors. For a case to be considered a felony, at a minimum there must have been an accident with injury to someone other than yourself. There are also felony charges for folks who have already been convicted of three prior DUI's in the last ten years, or have had a prior felony DUI, but if you are in that category you probably know that already.
As an experienced San Luis Obispo DUI Attorney, I invest the time to fully understand each client’s goals and interests, carefully leading the way through the legal labyrinth of the California criminal justice system. Sometimes that means a Not Guilty verdict after a trial and at other times it can mean a settlement agreement with reduction in the criminal charge to a lesser offense or even complete dismissal of the case. In every instance, you can be confident that I will make certain that you are informed and in control of all decisions to be made in your case.
If you or someone you know has been arrested and charged with drunk driving, and you need the aggressive representation of an experienced San Luis Obispo DUI Attorney, call George O'Neill today at 866-435-2865, or use the contact form provided on this site to schedule your initial consultation.
As a skilled San Luis Obispo DUI Attorney, I bring experience, service and a proven record of courtroom victories to the aggressive and effective legal representation of those charged with drunk driving related offenses in San Luis Obispo and throughout the state of California, within the following areas:
- Driving Under the Influence of Alcohol or Drugs (DUI)
- Misdemeanor
- 1st Offense
- Repeat Offenses
- Misdemeanor
- Felony
- Serious Repeat Offender
- Accident with serious injury or death
- DUI Manslaughter
- DUI Murder
- DUI with a child passenger
- Hit and Run Driving
- Reckless Driving
- Contests of Speed
- Driving on a Suspended License
- Other Traffic Crimes
- Department of Motor Vehicles (DMV) or other state licensing agency Suspension/Revocation Hearings
- DUI Conviction
- Chemical Test Refual
- Medical or Drug Suspension
- Negligent Operator (too many tickets) Suspension
Since 1975 I have been representing clients with DUI cases, however I began concentrating on these cases when the State of California began its focus on DUI cases in the early 1980's. I only represent clients with criminal cases; 95% of those are DUI.
San Luis Obispo County has three court branches: Paso Robles, San Luis Obispo and Grover Beach. The following cities are handled by these three courts: Templeton, Atascadero, Cambria, Cayucos, Morro Bay, Nipomo, Oceano, Arroyo Grande and Pismo Beach.
If you have been charged with a misdemeanor DUI offense, you have signed a Promise to Appear in court at a future date. If I represent you, you will not normally have to make any court appearances yourself; I will be in court on your behalf. However, if you are charged with having committed a felony, you must be present with your attorney.
The majority of DUI's are misdemeanors. For a case to be considered a felony, at a minimum there must have been an accident with injury to someone other than yourself. There are also felony charges for folks who have already been convicted of three prior DUI's in the last ten years, or have had a prior felony DUI, but if you are in that category you probably know that already.
As an experienced San Luis Obispo DUI Attorney, I invest the time to fully understand each client’s goals and interests, carefully leading the way through the legal labyrinth of the California criminal justice system. Sometimes that means a Not Guilty verdict after a trial and at other times it can mean a settlement agreement with reduction in the criminal charge to a lesser offense or even complete dismissal of the case. In every instance, you can be confident that I will make certain that you are informed and in control of all decisions to be made in your case.
If you or someone you know has been arrested and charged with drunk driving, and you need the aggressive representation of an experienced San Luis Obispo DUI Attorney, call George O'Neill today at 866-435-2865, or use the contact form provided on this site to schedule your initial consultation.
Practice Areas and Legal Definitions
Driving with a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor, punishable by substantial fines and up to a year in jail. Under some circumstances (for example, if someone is killed or injured in an accident caused by a driver whose license is suspended or revoked), the offense can be charged as a felony, with a high fine and a possible state prison sentence. Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs.
Reckless Driving:
Reckless driving is operating a vehicle with willful or wanton disregard for the safety or the property of others. It generally involves drastic misconduct on the road, such as driving on the wrong side of the road or driving at dangerously high speeds. It is generally charged as a misdemeanor, punishable by a fine and a local jail sentence. It sometimes results in a driver's license suspension or revocation, and it very often results in the cancellation of insurance. Automobile insurance companies know that people who drive “recklessly” are more likely than others to get in traffic accidents. Also, reckless driving convictions are commonly seen as part of a plea bargain in which an initial DUI charge is reduced to reckless driving.
Hit and Run Driving:
Hit and Run Driving is a serious offense that involves leaving the scene of an accident without first stopping and identifying oneself to the other driver or drivers. It is, at minimum, a serious misdemeanor punishable by jail time and a high fine. If someone is injured or killed in the accident, hit and run driving is charged as a felony that can result in a state prison sentence. In either case the charge has nothing to do with who was at fault in the accident. Apart from the other penalties, hit and run driving can result in long-term driver's license suspension or, in some cases, actual license revocation.
Driving Under the Influence – Murder:
Murder is the criminal charge for unlawfully killing someone, either deliberately and intentionally or recklessly with extreme disregard for human life. In some states, when someone driving under the influence causes an accident in which someone is killed the driver may be charged with murder if the circumstances are particularly aggravated.
Driving Under the Influence – Manslaughter:
Manslaughter is the criminal charge for unlawfully killing someone without actually intending to do so. When someone is driving under the influence and causes an accident in which someone is killed, the driver may be charged with manslaughter.
Driving Under the Influence (DUI) with Prior Convictions:
In all 50 states, repeat DUI offenders face progressively stiffer penalties. In some states, the third or fourth offense may be charged as a felony and, upon conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions.
Driving Under the Influence of Drugs or Prescription Medications:
Most people know that it is illegal to drive under the influence of illegal drugs, but many believe they can avoid a conviction for DUI by producing a prescription for the drug in question. This is not true. A DUI (drugs) charge has nothing to do with whether or not possession of the drug was lawful. The legal issue in any DUI case is whether, as the result of "impairment," the driver has lost the ability to drive safely. It is just as unlawful to drive under the influence of a properly prescribed medication as it is to drive after drinking too much alcohol.
Driving Under the Influence (DUI):
DUI stands for Driving Under the Influence, and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that his or her mental faculties are impaired and/or blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration, and the required installation (at the offender's expense) of a car ignition locking device. In addition, it typically results in higher insurance premiums, and an offender may become ineligible for credit.
Contests of Speed (Drag Racing):
In most states, engaging in contests of speed (racing) is a serious misdemeanor punishable by local jail time and a fine. It can also trigger license suspension or revocation by the Department of Motor Vehicles or other state licensing agency. It is also fairly certain to result in cancellation of automobile insurance. Repeat offenders usually face escalating penalties, including felony prosecution in aggravated circumstances.
Other Traffic Crimes:
Every state has its own set of laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations. Many states have “point” systems to track individual driving records; the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many points” The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.
Administrative License Suspension Hearings:
Most states provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a hearing is not requested within the time provided by law, the right to a hearing is waived, and the suspension goes into effect automatically. In some cases the time for requesting a hearing is very short, and the scope of the hearing is usually very narrow and highly technical, from a legal standpoint. Self-representation at a suspension hearing is rarely successful. The different types of administrative suspension include:
- Medical/Drug Suspension
Some medical conditions require administrative driver's license suspension. These include certain diseases involving seizures, blackouts, fainting spells, serious physical coordination problems, some mental disorders, and loss of vision. The defense to this type of suspension usually involves the submission of written reports from health care providers and other experts. - Negligent Driver Suspension
This involves situations in which a driver has accumulated too many points for traffic tickets or has been involved in an unusually high number of accidents. - Drunk Driving Suspension Based on BAC
If a defendant’s chemical test shows a BAC of .08% or more, most states impose a 30- to 90-day suspension. This varies from state to state. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest, and/or the validity of the chemical test. - Drunk Driving Suspension Based on Test Refusal
Where the defendant refuses to submit to a chemical test, most states provide for a license suspension ranging from six months to a year, but in at least one state the term is three years. The refusal suspension is not affected by the outcome of a DUI trial. If there is a refusal suspension it remains in place even if the defendant is adjudged not guilty. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.
Professional Profile
If you or someone you know has been arrested and charged with drunk driving, and you need the aggressive representation of an experienced San Luis Obispo DUI Attorney, call George O'Neill today at 866-435-2865, or use the contact form provided on this site to schedule your initial consultation.
ADDRESS OF THE FIRM:
O'Neill & Woolpert
1014 Palm Street
San Luis Obispo, CA 93401
Telephone: 866-435-2865
Fax: 805-543-4937
MEMBERS OF THE FIRM:
George O'Neill
I received a Bachelor's degree in Mechanical Engineering from Cal Poly San Luis Obispo. I worked as an engineer in the Aerospace Industry for ten years, and until I completed my law studies in 1975. After passing the bar I returned to San Luis Obispo and opened my own law practice.
- Technology might find answers in Motz case (The Rock Hill Herald)
Everyone agrees Melissa Huntley Motz was shot and killed in the passenger seat of her husband's blue Thunderbird eight years ago.But police, prosecutors and the woman's family still cannot agree on who pulled the trigger in the parking lot of the couple's Rock Hill apartment Feb. 16, 2001, barely an hour after the two had argued at a Charlotte strip club. - Montco party mom gets ARD (King of Prussia Courier)
NORRISTOWN – A 37-year-old Rockledge woman has been placed in a special probationary program in connection with charges she allowed an underage drinking party at her home last New Year’s Eve. - Vehicular homicide cases (The Daily Sentinel)
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A jury Thursday began deliberating punishment on the intoxication manslaughter conviction of a man who had two prior drunken driving convictions, court officials said. LEAGUE CITY, Texas — A jury Thursday began deliberating punishment on the intoxication manslaughter conviction of a man who had two prior drunken driving convictions, court officials said. The jury of six men and six women ... - Yates drives away another defense lawyer (Baraboo News Republic)
Yates drives away another defense lawyer - Remorseful Johnigan Gets 15 Years to Life (Santa Barbara Independent)
Emotional scene in courtroom as drunk driver who killed Laura Cleaves is sentenced and apologizes to family. - Cops and Courts: Nov. 20, 2009 (Santa Cruz Sentinel)
SANTA CRUZ Bail increased for fatal crash suspect A judge increased the bail for a woman accused of killing two men in a drunken driving crash from $100,000 to $750,000 Thursday. - Driver in fatal crash must pay victim's funeral expenses (Kingston Daily Freeman)
KINGSTON — A 19-year-old Pine Bush resident will serve six months in jail and five years of probation for causing the death of another teen while driving while intoxicated last year, and she also must cover the victim’s funeral expenses, a judge ordered on Thursday. - DPS officer resigns after assault allegations (Plano Courier)
A Department of Public Safety trooper resigned while the department’s internal affairs division was looking into allegations about the trooper assaulting a 22-year-old Plano woman.
Additional Questions or need further information?
George O'Neill
O'Neill & Woolpert
1014 Palm Street
San Luis Obispo, CA 93401
Phone: 866-435-2865
Fax: 805-543-4937