May 13th, 2012
If your license was suspended after you were convicted of drunk driving or another serious driving offense, you may be tempted to use your vehicle anyway and just hope you don’t get caught. No matter how badly you need to get around though, Vista DUI lawyers will always tell you that it’s not worth the risk.
The penalties vary based on the reason for your license suspension, but they are all serious. At minimum, people convicted of the crime will face a 5 day jail sentence and $300 in fines. Driving on a suspended license will also add two points on your DMV record. Even if you plead the case down to an infraction, you will still have the points added to your record. If you get four points in a year the DMV will suspend you for being a negligent operator.
If your license was suspended for drunk driving, you will face a 10 day jail sentence for your first offense and for offenses thereafter, the penalty increases to a minimum 30 days in jail, all the way up to a year. You will also be required to install an ignition interlock device into your car.
You can be declared a habitual traffic offender if, during the course of one year, you were involved in two or more serious driving-related crimes, received three general moving citations, or involved in three car accidents that resulted in injuries or property damage totaling over $750. If you are declared a habitual traffic offender and arrested for driving on a suspended license, you could face a permanent license revocation and a mandatory vehicle impound.
As you can see, these are all serious penalties you do not want to face alone. If you have been charged with driving on a suspended license, immediately get in charge with your DUI lawyers.
Vista allows for some people with suspended licenses to get a restricted license in order to travel from work or school. If you have had your driver’s license suspended, this is your best option to avoid having to risk driving without a valid license.
If you have any questions about restricted licenses or the consequences of driving on a suspended driver’s license, please call Peter M. Liss at (760) 643-4050 as soon as possible.
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Tags: driver's license suspensions in San Diego, driving on a suspended license in California, DUI lawyers Vista, north county driving offenses, Oceanside DUI attorney, Vista DUI lawyers
Posted in DUI Lawyers Vista, Traffic Offenses
May 8th, 2012
Sometimes people wonder if it is really worth the money and time to hire their own DUI lawyers. Vista legal representatives are always worth the money and their value cannot be overstated. That’s because if you are found not guilty, you will not only save money by not having to pay the legal fines associated with your charges, but you will also be able to avoid taking, and paying for, alcohol treatment programs and paying increased insurance premiums after your license suspension is over. All things said and done, it’s a lot cheaper to pay for experienced and skilled Vista DUI lawyers than it is to be found guilty of driving under the influence.
While your lawyer cannot guarantee you will be found not guilty, he can do everything in his power to help fight the charges, including filing pre-trial motions to have evidence, including the results of your blood/breath test, any statements you made to the arresting officer and your field sobriety test results, withheld from the trial. There are many different motions to have these pieces of evidence declared inadmissible in the courtroom trial and Peter M. Liss will closely examine your case to see how to best fight the evidence against you from ever being entered as proof of your guilt during the trial. The most common motion is a motion to suppress the evidence because of the traffic stop, detention or arrest were performed illegally. The arresting officer testifies at a hearing, so even if you don’t win the motion, you will hear what his trial testimony would be like at the official trial.
If you have been charged with drinking and driving, please call our offices at (760) 643-4050 to schedule a free initial consultation to discuss your specific case and the best way to fight the charges against you.
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Tags: drunk driving in Ocreanside, DUI lawyers Vista, fighting Vista DUI charges, Oceanside DUI attorney, pre-trial motions in Vista DUI cases, vista dui attorney, Vista DUI lawyers
Posted in DUI Lawyers Vista
April 28th, 2012
Between the cool waves of the Pacific Ocean, the beautiful waters of Lake San Marcos and the soft current of the Hodges Reservoir, North San Diego has some world-class boating spots. While many people think these excursions provide a great opportunity to kick back and enjoy a few drinks, boating under the influence (BUI) is actually a crime in California and the police frequently patrol the waterways to make sure this law is upheld.
While the laws regarding BUIs are generally the same as DUIs, there are some critical differences. For example, the maximum BAC for someone operating a recreational vessel is .08, and there is a zero-tolerance law for minors. Additionally, if you are operating a commercial craft, the maximum BAC is only .04.
The biggest difference in a BUI case though is that if you are convicted for this charge, your license will not be suspended or revoked like it would be in a DUI case.
When you have been charged with boating under the influence, it is imperative you call skilled Vista DUI lawyers like Peter M. Liss at (760) 643-4050 as soon as possible. While your license is not at jeopardy, you could still face jail time and major fines.
If you receive a subsequent BUI, any previous charges will count against you, causing extra jail time, increased fines and longer alcohol treatment programs. Additionally, this crime does count as a prior DUI conviction should you be charged with drunk driving in the future, putting you at risk for drastically enhanced penalties.
Do not take chances with your future when facing a BUI charge; always ensure you are working with experienced DUI lawyers. Vista is where all North County crimes are tried and Peter M. Liss has offices right across from the courthouse, making him centrally located no mater where you happen to reside in San Diego.
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Tags: boating under the influence in Oceanside, BUIs in California, DUI lawyers Vista, North County San Diego DUI charges, Oceanside DUI attorney, Oceanside DUI lawyer, Vista DUI lawyers
Posted in DUI Lawyers Vista
April 25th, 2012
If you are a driver from somewhere other than California and received a DUI in Vista, you will face largely the same consequences as a California driver who is arrested for drunk driving -with one exception. Out-of-state drivers who receive DUIs in California will not have their license taken away by the arresting officer. That’s because California police cannot take away something that belongs to another state -like a driver’s license. Be aware though that you cannot drive in California with your privilege to drive suspended, even if you still have a valid out of state license.
While this does mean you will retain your license for a while longer, most states recognize the penalties set forth by the California DMV. If you renew or obtain your out-of-state license, your local motor vehicle department may be aware of a California suspension and require you to clear it before issuing you another license. Your home state DMV may also take action against you right away if it becomes aware of a California DUI conviction.
Fortunately, you still have the right to fight the DUI charges and the DMV license suspension even if you reside in another state. While the process can be particularly intimidating and frustrating for someone who lives far away from the Vista courthouse, a skilled Vista DUI lawyer like Peter M. Liss can help make the process as easy as possible for you. In fact, in many cases, your attorney can appear in court for you, minimizing the number of times you will need to travel to San Diego County.
Additionally, if you are convicted, the sentencing you received may be arranged to occur in your home state with the help of your DUI lawyers. Vista courts will generally allow these penalties to be transferred to occur locally so the fines, jail time, alcohol treatment programs and any other penalties you incur can be handled from your home state and you will not need to travel to California to serve your sentence.
While an experienced Vista DUI attorney can make fighting the criminal charges and the DMV license suspension as easy as possible, you need to act quickly. California drunk driving laws only provide a ten day window to challenge a driver’s license suspension, so call (760) 643-4050 for a free initial consultation today.
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Tags: california dui representation, DUI lawyers Vista, Oceanside DUI attorney, out of state DUIs, vista drunk driving attorney, Vista DUI defense attorney, vista dui lawyer
Posted in DUI Lawyers Vista
April 16th, 2012
Everyone knows that excessive speeding and drunk driving are both crimes, but did you know that when done together the penalties for the crimes are greater than the individual sentences put together? Of course, this doesn’t apply to all forms of speeding. If you are only going five miles over the speed limit when pulled over for a DUI, the officer will often avoid citing you for speeding. Even if he does give you a ticket for minor speeding though, it will be the same as any other speeding ticket.
On the other hand, if you were driving more than 30 miles per hour above the speed limit on the freeway or more than 20 miles per hour above the speed limit on a public street, then you could face a sentence enhancement for excessive speeding while intoxicated. This additional penalty is a minimum 60 day jail sentence and a mandatory alcohol/drug education program being added to any penalties you are sentenced to for the DUI. This crime requires the expertise of highly experienced DUI lawyers. Vista courts take these crimes very seriously, so do not wait to call a legal representative as soon as possible.
Fortunately, the prosecution must prove that you were not only excessively speeding and driving while intoxicated, they also must show that you were driving recklessly. This is a particularly high standard to prove as the prosecution must be able to show that you were driving with a conscious disregard for the safety of other persons or property. When you work with a skilled Vista DUI lawyer like Peter M. Liss, your defense will show that unless you knew your conduct was likely to injure someone, that you should not be subject to the excessive speeding enhancement.
Common acts that qualify as reckless driving include almost hitting pedestrians or other vehicles, weaving in and out of traffic at a high rate of speed and running stop signs and red lights. While some drivers do engage in these behaviors, it is rare for the prosecution to be able to prove that someone did so while drunk and excessively speeding. If they cannot show that you did all three together, your Vista DUI attorney will show that you cannot be convicted for excessive speeding while intoxicated.
Even if you were doing all three activities, your defense lawyer may be able to negotiate a plea bargain that will enable you to avoid this sentencing enhancement.
If you have any questions about excessive speeding while driving drunk, please call Peter M. Liss at (760) 643-4050 to schedule your free initial consultation.
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Tags: drunk driving charges in Oceanside, dui sentencing enhancements in California, excessive speeding dui, North County San Diego DUI charges, Oceanside DUI attorney, vista dui lawyer
Posted in DUI Lawyers Vista, Traffic Offenses
April 8th, 2012
If you are pulled over by the police after having a few drinks, you might be afraid and may not know what to do. Here are a few tips to follow if you find yourself in this intimidating situation.
What to Do:
- Follow the police officer’s directions on where and when to pull over. If you do not follow his instructions, the prosecution will claim it serves as evidence of your impaired thinking.
- Be polite to the officer who pulled you over. He or she is only following the law and trying to keep the roads safe for everyone.
- Get your driver’s license and vehicle registration out for the officer to review.
- Roll down the window a few inches in order to speak with the officer and hand him or her your paperwork.
- You will be taken to the Vista jail for a North San Diego County DUI arrest. Take the blood or breathalyzer test after at this point. You are legally required to do one or the other, but the decision as to which test is yours to make.
- When they release you from jail you will receive a pink notice of suspension/temporary license from the DMV and a separate paper giving you a court date. Call your Oceanside DUI attorney and make an appointment right away, and remember to bring your paperwork to the interview.
What Not to Do:
- Do not get out of the car unless the officer asks you to do so.
- You should never answer questions related to where you have been, what you have been doing and whether or not you have been drinking. Doing so will not help your case later on.
- Always refuse to take a Prelminary Alcohol Screening (PAS) Test if you know that you are intoxicated. Doing so will only provide the officer with more evidence that will be used against you later on. If you are under 21 though, you are legally required to submit to the PAS.
- Do not try to excuse your behavior by explaining that you were using a prescription drug instead of alcohol. If a substance impedes your ability of drive, you can be charged with Drinking Under the Influence, whether it is alcohol, illegal drugs or prescriptions.
- Never take the Field Sobriety Tests unless you know you will pass. Like the PAS, these are not mandatory and only provide the officer with additional evidence if you are intoxicated.
- Do not fight the officer or resist arrest, even if you are innocent, this will not help your case.
Of course, if you have already been stopped by the police and been arrested for drunk driving, these tips will only be able to help you in similar future circumstances. For your current situation, you should immediately contact a skilled Vista DUI lawyer like Peter M. Liss at (760) 643-4050 to discuss your case.
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Tags: california dui laws, drinking and driving in North County, drunk driving in Oceanside, Oceanside drunk driving lawyers, Oceanside DUI attorneys, vista dui lawyer
Posted in DUI Lawyers Vista
April 1st, 2012
Conspiracy accusations are drastically different than most criminal charges as the person accused need not actually commit any actual crimes. Instead, conspiracy charges are brought up when a person helped to plan or commit a felony with other people.
Under California law, a conspiracy occurs when two or more people plan and work together to commit a felony and take some kind of action toward the completion of the crime. There is no requirement for the crime itself to have actually been completed in order for the people involved to be charged.
For example, if a group of friends develops a plan to kidnap someone and they start to acquire weapons and other items vital to their plot, they have conspired to commit a kidnapping even if the crime never occurred. Alternatively, if the kidnapping did happen, but one person never took any part in the actual abduction, he or she could still be charged with conspiracy for helping to create the plan. You can also be charged with conspiracy if you plan to falsely accuse or frame someone for a crime.
Under California law, anyone convicted of conspiracy is subject to the same penalties as the crime they conspired to perform. If the crime is completed, you can be charged with both conspiracy and the actual crime. The rules of evidence are also looser in conspiracy cases, allowing the prosecutor to use evidence against you that he or she might not be able to have admitted in a case involving a regular criminal charge.
If you have been charged with this serious crime, please call a skilled Vista conspiracy attorney like Peter M. Liss at (760) 643-4050 as soon as possible to discuss your case.
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Tags: California conspiracy crimes, conspiracy charges in California, Vista conspiracy lawyer, vista criminal attorney
Posted in Criminal Lawyers Vista
March 26th, 2012
Stalking is the willful, malicious and repeated following or harassing of another person, paired with a credible threat that leaves the victim feeling fearful for his or her safety or the safety of his or her immediate family. While following is a fairly obvious term, harassing can be a little more vague. Under state law, harassing behavior is willful conduct that seriously alarms, annoys, terrorizes or torments the intended victim with no legitimate purpose.
Whether or not it is in conjunction with domestic violence, stalking is a serious crime. Even a first offense can be charged as a felony with a potential punishment of three years in state prison or a up to a year in jail. A second offense may land you four years in prison. You may also be required to take anger management classes and if the victim was a spouse or someone you were dating, you may also be forced to take a year long domestic violence class as well. In some circumstances, the court may even force you to register as a sex offender, a punishment that will last a lifetime.
When you call this office regarding stalking accusations, Peter M. Liss will review your case, including your relationship with the alleged victim and any previous accusations made against you to determine the best course of action for your particular situation. If you have been accused of stalking another person, please call a skilled Vista stalking lawyer like Mr. Liss at (760) 643-4050 as soon as possible.
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Tags: restraining orders in California, stalking laws in California, Vista domestic violence attorney, vista restraining order lawyer, vista stalking attorney
Posted in Criminal Lawyers Vista
March 18th, 2012
Violent crimes carry stiff penalties in California and require a lawyer experienced in defending serious offenses. That being said, there are many different violent crimes in California and each one carries different penalties and will require a different method of defense.
Some of the most common violent crimes are sex crimes that incorporate violence, domestic violence causing serious injury, assault with a deadly weapon, battery with serious bodily injury and manslaughter. If you have any gang affiliations or if the crime is believed to be a hate crime, the sentence associated with the crime you are accused of will be increased accordingly.Violent felonies are automatically strikes if they fall under a specified list of covered crimes in the penal code. If you are convicted of a felony violent crime, it is a strike whether or not you go to jail or prison. If you do get sent to prison you will be required to serve serve 85% of the time before being eligible for parole.
No matter what the charges or the specific details, it is imperative that anyone accused of one of these crimes immediately contact a skilled Vista violent crimes lawyer like Peter M. Liss. If you have any questions, please feel free to call (760) 643-4050 to schedule a free initial consultation.
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Tags: California violent crimes laws, violent crimes charges in Vista, violent crimes in Vista, Vista criminal attorneys, Vista violent crimes attorney
Posted in Criminal Lawyers Vista
March 11th, 2012
If you have been convicted of a DUI in Vista, you may be ordered to install an ignition interlock device in your vehicle. This is particularly true if you have been convicted of driving on a suspended license that was originally revoked due to a DUI.
These devices are similar to breathalyzers in that they use your breath to detect the amount of alcohol in your system. The difference is that these devices aren’t only used when police suspect you may be driving while inebriated, but instead must be used every time you wish to operate your vehicle.
When an ignition interlock device is installed on your vehicle, you will be required to provide a breath sample every time you want to start your car. If you have any alcohol in your system, the car will not start. After the car is running, you will be required to provide another breath sample at a randomly chosen point in time. This is required to prevent an intoxicated driver from simply asking someone else to breathe into the machine.
If the driver tests positive on this second test or refuses to offer a breath sample, this will be recorded and the machine will cause the car to start flashing its lights and honking its horn until the vehicle is brought to a complete stop.
If you have been ordered to install an interlock device on your vehicle, you will be held responsible for the cost of the initial installation, as well as the cost of having the device maintained every sixty days as required by law.
While these devices can be a bit of a hassle, they are still a better option than being unable to drive your vehicle at all. On a second and third DUI conviction, you will be required to install an interlock device before getting your license back. The good news is that this law has shortened the suspension period and allow you to drive for work and the DUI program.
In some counties, you are required to install an interlock device on your first DUI.
If you would like to find out if installing an ignition interlock device could help you get back on the road, please speak with experienced DUI lawyers. Vista courts are open to this idea, but will not agree to work with you on your own. You will first need to converse with a Vista DUI attorney like Peter M. Liss.
Alternatively, if you have been ordered to install an interlock device and do not think you should be subjected to such penalties, please call a legal representative from our office at (760) 643-4050 to discuss your options as soon as possible.
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Tags: drunk driving laws in California, DUI lawyers Vista, ignition interlock devices in California, vista dui attorney, Vista ignition interlock laws
Posted in DUI Lawyers Vista, Sentencing Alternatives
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