Archive for the ‘DUI Lawyers Vista’ Category
Friday, May 10th, 2013
There is a common misconception that if a drunk driver is involved in an accident, that they were the ones responsible, but this isn’t always the case. For example, if the drunk driver was waiting at a red light and was rear-ended by someone who was sober, the accident would still be the sober driver’s fault. Unfortunately, because many drunk drivers mistakenly believe they will be seen as the one at fault, they will often flee the scene of an accident, which can make the situation drastically worse. If you have been involved in an accident while driving under the influence, it is critical you stay at the scene and contact a Vista drunk driving defense attorney as soon as possible.
When a drunk driver has been involved in any type of accident, he or she will generally be charged with a DUI, even if the accident wasn’t his or her fault. If someone was injured or killed in the accident, things can become a lot more complicated. If the accident was caused by the drunk driver, the DUI may be increased to a felony, which could result in a lengthy prison sentence. Additionally, many courts will require those convicted of drunk driving to pay restitution to the victims of accidents related to their intoxicated driving. Sentence increases and restitution do not apply though if the other driver was at fault for the accident, which is why it is so important to work with a top Vista DUI attorney if you have been involved in an accident while intoxicated.
In many cases, the police will assume the drunk driver is at fault in an accident if the blame is not automatically obvious. When you work with a Vista DUI lawyer like Peter M. Liss though, you may be able to prove the accident was caused by the other person with the aid of investigators and accident reconstruction expert. This can ensure that you will not face any of the enhanced DUI penalties associated with an accident that resulted in injury or death.
Even if the accident was your fault, the judge or prosecutor has the discretion to reduce the felony charge to a misdemeanor and a Vista DUI defense attorney is critical in encouraging them to do so.
If you were involved in an accident while drunk driving, but believe you were not at fault, please call Vista drunk driving defense lawyer Peter M. Liss at (760) 643-4050 to schedule a free consultation so you may discuss your situation.
Creative Commons Image by Bob n Renee
Monday, April 8th, 2013
Generally, this blog tends to focus on the laws and criminal justice system of Vista, CA and the services offered by Vista criminal defense lawyer Peter M. Liss, but if you still aren’t sure about the quality level of service offered by Mr. Liss, then let these satisfied client reviews aid you in your decision.
“Attorney Liss is a fantastic lawyer! He is diligent, determined, and will bend over backward to ensure that you, as a client, are at ease with your case. I asked for Mr. Liss’ help and he worked around the clock to grant me the justice that I deserved. Mr. Liss undoubtedly strives for the very best. He is loyal, kind hearted, and will do whatever it takes to seek justice. He is a wonderful attorney who not only knows the intricacies of the legal system inside and out, but also loves his work. I would recommend Mr. Liss to anyone and everyone.“ -Erica B.
“I can’t thank Attorney Peter Liss enough for his services! The outcome of our case was better than I ever dreamed. Peter is intelligent, hard working, kind, supportive, responsive, and honest. I love his confidence. His is well connected and knows his way around the Vista court system. Legal issues impact you personally, professionally, and financially, so having the right lawyer working for you is critical. If you are involved in a criminal matter, without a doubt I recommend that you contact Peter. I am completely satisfied with every aspect of the way Peter handled our case.“ -Terry W.
“Peter is the best attorney in San Diego. He has an amazing ability to get the job done with the best possible results. He lives up to his reputation as a professional, competent and highly trustworthy attorney who cares for his clients. I can honestly say that hiring Peter made a significant impact on my case and, without him, the outcome would have been much more severe. Without his counsel, I am not sure what I would have done. I highly recommend him for all of your legal needs. He is an exceptional attorney and I would hire him again in a heartbeat. Thank you Peter!!!“ -Marta K.
“Mr. Liss used a results-oriented legal approach that combines highly skilled technical competence, courageous advocacy, and distinguished professionalism. In a day when most professionals are oriented toward material self-interest, Peter Liss remains steadfast in his commitment to the less powerful in our society. If you want an attorney who will get you quick results on your case, then Attorney Peter Liss is the right choice. He is a dedicated professional who seems to take pride in settling your issues in a timely manner.“ -Euripides T.
“Peter was a superb Attorney… He did an amazing job with my case and I couldn’t thank him enough, he helped me keep my son and helped make sure that nothing bad would happen to me or my family… When it was time to see the Judge at court he always had me in and out with great results. I was never at court for longer than 30 minutes, which was amazing… Peter went above and beyond to help me and I’m sure he will do the same for you.“ -Letty G.
“I hold Peter Liss in the highest esteem as a caring and passionate Attorney. He gave me all the time I needed and always returned my calls… He gave me a full and thorough perspective of the law in my particular situation and… I felt confident in his ability. Seeing him in action in the court room re-enforced how fortunate I was to have him as my Lawyer. The judge and the opposing defense lawyer even praised him for the good arguments he presented on my behalf. I was successful with my Writ and credit his thorough research and quick ability to counter argue and think quickly on his feet which undoubtedly led to my success. I highly recommend Peter. He is an excellent Attorney in every sense of the word.“ -Diane Lev
“Peter helped me with a legal problem that had hung over me for almost 30 years! He spoke to me, explained his plan and within a few weeks my 30 year old problem was gone! From the very beginning he seem truly concerned and made me feel confident that he word do his best to help me with my problem. I live in New York and Peter responded quickly to all my e-mails and saw to it that I did not have to travel to California to get this matter resolved. I only wished I had contacted Peter sooner.“ -Jorge Melendez
“Peter used his considerable skills and experience as a criminal defense trial lawyer to negotiate a dismissal of a civil harassment suit against my son… The person filing the civil harassment petition consulted an attorney who knows Peter and who, after discussing the case with Peter, concurred that dismissing the case was in the best interests of everyone. As a civil litigation attorney for over 35 years, I can say from experience that Peter’s handling of the case was adroit and tough and comes only from long experience as a criminal defense attorney. I would recommend him to anyone. I am an attorney who has frequently referred my clients, friends and other individuals to Peter Liss when they needed a criminal attorney. Each and everyone I referred to Peter, has told me what an excellent job he has done. I have seen him in Court and I also feel this way. Peter knows exactly what to do to get the results you are looking for without charging unnecessary legal fees. In addition, his “bedside” manner is warm and understanding. I have, and will continue to recommend Peter Liss to anyone who asks me about a criminal lawyer.“
Remember, these are only a few of many great reviews posted on behalf of Peter Liss. If you really want to know how this top Vista criminal attorney can help you, speak to him yourself during a free initial consultation. If you’re ready to talk to Peter Liss in a one-on-one private consultation, please call (760) 643-4050.
Tuesday, March 19th, 2013
While everyone knows that drinking and driving is a crime, many people still believe that they can go to their favorite bar, drink a few too many cocktails and then ride a bike back home. But, under California law, cycling under the influence is against the law, which means you can be arrested and charged with a crime, even if you thought you were playing it safe by going home on a bike. If this happens to you, it is important to realize that you can still fight the charges with the help of Vista DUI lawyers.
If you are convicted of Cycling Under the Influence, you can be penalized with a fine of $250 and, if you are a minor, your driver’s license may be suspended. While the penalties for a CUI are drastically less serious than they are for a standard DUI, the crime is still a misdemeanor, which is why it is so important to contact a DUI defense attorney to help you fight the charges and keep the crime off of your criminal record. Even a crime as minor as a CUI can still make the police suspicious whenever they pull you over for a traffic infraction. This means you might end up having to take a breathalyzer or field sobriety test just because you were speeding, and if you did enjoy a drink or two, you could be charged with drunk driving when you may have otherwise only received a speeding ticket.
Aside from the charge of Cycling Under the Influence, bicyclists who are arrested for this crime often face other, similar charges such as being Drunk in Public, violating traffic laws on the bicycle or being involved in a hit and run accident. Vista DUI defense attorneys like Peter M. Liss can help you fight not only a CUI charge, but any related charges you may be facing. If you have any questions or would like to schedule a free initial consultation with Mr. Liss, please call (760) 643-4050.
Creative Commons Image by Richard Masoner
Tuesday, July 24th, 2012
It sounds like a silly question, but it’s certainly something many viewers have wondered after watching the Iron Man films and The Avengers: Could Tony Stark get a DUI for operating the Iron Man suit while drunk?
Well, the first question, of course, is did he ever actually fly in his suit while drunk? In the first film, he drinks quite a bit, but never before donning his suit. In the sequel though, Tony gets belligerently drunk in his armor at a party. He does not leave his house during this scene though, so he could not be charged with drunk driving.
In fact, the first time that Iron Man could potentially face a DUI charge in the films is when, in The Avengers, he enjoys a glass of scotch before Loki throws him out of the window. Fortunately, Stark is saved by his Mark VII armor, which suits him up and lets him fly away just before hitting the ground. As this is at the climax of the movie (we’ll try to leave out as many spoilers as possible), Tony then goes on to fight, until crashing to the ground at the end of the battle. In all, the epic battle scene only lasts about 15 minutes.
This is the type of situation where drinking and driving laws get a little bit tricky. You see, assuming Stark consumed about 4 ounces of alcohol and that he weighs around 170 pounds, he did drink enough to put him over the legal limit of 0.08% BAC.
The problem? 15 minutes is generally not long enough for the alcohol to fully enter the blood stream and cause intoxication. If Tony Stark were taken to a police station and given a breathalyzer after that scene though, he would almost certainly fail the breath test because between the period when he was in flight and the time the test was given, the alcohol would have had time to enter his system.
That is why good Vista DUI lawyers will always want to know when you had your first drink and how soon it was before you drove. If you drove immediately after drinking, you might not have been drunk when you were behind the wheel, even if you were intoxicated by the time of the test.
Of course, another issue facing Tony is whether or not he could get a DUI in his suit. While laws will vary from state to state, in California, you can be cited for drunk driving in any moving vehicle, including a motorized wheel chair, a bike, a boat, or, presumably, power armor. While flying under the influence rules fall under the more strict governance of the FAA, the fact that the Iron Man suit has not yet been legally classified by the government means that the charges may not specify the type of machine he was operating -leaving him to fight DUI charges.
Of course, even a Vista DUI lawyer will tell you that getting drunk before operating a moving vehicle -even a suit of power armor- is something you should preferably avoid. In fact, while Mr. Stark is never be formally charged with a DUI, in the Civil War Era of the comics, he suffers from a tremendous amount of guilt after almost killing an innocent civilian because he operated his suit drunk.
Still, life happens and sometimes otherwise responsible people get behind the wheel after enjoying a few drinks. If you ever find yourself in a situation like this, please call Vista DUI attorney Peter M. Liss at (760) 643-4050 to schedule a free initial consultation. Remember, even superheroes could be charged with drunk driving, but that doesn’t mean they are guilty and you too can fight the charges.
Update: A few people have brought up Jarvis and argued that because he helps to control the suit, Tony couldn’t be charged with drunk driving. While Jarvis does, in fact, help quite a bit, Tony is still the operator of the suit, and just like claiming you can’t get a DUI because your car was on cruise control, this defense probably wouldn’t be successful.
Creative Commons Image by tangi bertin
Tuesday, July 17th, 2012
The biggest problem with the breathalyzer is that it is the results can easily become artificially high. The food you ate, fumes in the area where the test was taken, dieting, health conditions and more can all throw off the test. In fact, the tests are particularly inaccurate when given to diabetics. That’s why anyone who has failed a breathalyzer test and been charged with drunk driving should contact skilled Vista DUI lawyers as soon as possible.
While most people think breathalyzers test how much alcohol is on someone’s breath, the reality is that they actually measure for methyl compounds. The problem is that alcohol is not the only methyl compound that might show up. Acetone is also a methyl compound and acetone is often caused by hypoglycemic spikes in a diabetic’s body. If you have diabetes, a Vista DUI attorney can contest your breathalyzer results as a result.
Even if you don’t have diabetes, you still might have a high amount of acetone in your system if your blood sugar has dipped, which often occurs after a person has had only a small amount to drink, has started a low-carb diet or has been partaking in a cleanse. All of these factors can result in artificially high results that can be disputed by a DUI lawyer.
Vista police should not perform breathalyzer tests to those who have vomited or belched within fifteen minutes of the test. Acid reflux will also produce mouth alcohol. Breathalyzers are supposed to measure air from deep within the lungs and alcohol in the mouth of someone taking the test will cause an artificially high reading.
If you failed a breathalyzer, that doesn’t mean you were guilty of drunk driving. A skilled Vista DUI lawyer like Peter M. Liss can help you fight these charges by showing that you failed the breathalyzer, not because you were drunk, but for another reason all together. If you have any questions or would like to schedule a consultation, please call (760) 643-4050.
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Sunday, July 8th, 2012
The penalties for driving drunk with a child under the age of 14 in the car are quite severe. You will face additional penalties on top of the standard DUI consequences. If you have been arrested for drunk driving with a child in the car, immediately contact a skilled Vista DUI lawyer.
Those convicted of this crime face a minimum of 48 hours in jail for a first time offense. In many cases, Vista DUI lawyers can get these charges dismissed as part of a plea agreement. This means you will avoid mandatory jail time.
In addition to the enhancement to your drunk driving charges, if you were driving while intoxicated and had a child under the age of 18 in the vehicle with you, you could also be charged with child endangerment. This offense can be charged as a felony or misdemeanor depending on the specific circumstances of the case. Misdemeanor child endangerment charges carry a maximum penalty of up to one year in jail, while felony charges can result in up to six years imprisonment in a state penitentiary. If you are convicted of child endangerment you will also be required to take a year-long parenting class.
If you are convicted of both child endangerment and driving under the influence, you cannot receive the sentence enhancement for driving with a minor in the vehicle, as the child endangerment penalties apply specifically to that part of the offense.
In many cases, child endangerment charges come down to whether or not the prosecution can make a case that the driver willingly and knowingly placed the child in danger. An experienced Vista DUI attorney can fight this assertion by showing that you never meant to place the child in harm’s way.
If you have been accused of driving under the influence and had a minor in the vehicle at the time, immediately call a DUI lawyer. Vista prosecutors are very aggressive against defendants facing these charges, which is why it is critical you hire a top Vista DUI lawyer like Peter M. Liss to represent you. Please call (760) 643-4050 to schedule your free initial consultation.
Creative Commons Image by Linda Marie
Saturday, June 30th, 2012
When you have been arrested for drunk driving, you will be asked whether you want to take a blood or breath test. You are legally required to take one of these chemical tests under California law. Both tests have their upsides and downsides, and there are a number of things to consider when choosing which test to take.
If you have taken and failed the blood test, it is important to know that you have many options when it comes to fighting your charges. Because blood tests require a sample be retained after the original test, most Vista DUI attorneys will obtain a small sample of your blood and have it retested in an independent lab.
Even if the lab confirms the original results though, your Vista DUI lawyer has other avenues to fight the results. For example, blood must be collected, stored, and tested according to proper procedures. Initially, the prosecution must show the chain of custody following the withdrawal of the blood sample to the point it was released to be tested by the independent lab. While that might not sound important, it is actually critical in ensuring that the sample taken from you was kept track of and properly taken care of, so there is no chance that another person’s blood work was mixed up with yours or that the sample was tainted during the process.
Additionally,Vista DUI lawyers can question the way the blood test was given. The person drawing blood must be qualified to do so. While it is critical that your arm be cleaned before the needle is inserted, an alcohol swab should not be used because it can make your results appear artificially high. The test tube used to contain your sample must contain an anti-coagulant and other preservatives or the sample could be ruined in storage. Additionally, the test tube itself must be inverted numerous times so the preservatives are properly mixed.
All of these factors should be looked at in careful detail by your DUI lawyers. Vista courts should throw out the evidence if your attorney can prove it has been tampered with, not properly collected, misplaced somewhere during the chain of custody or improperly stored.
While some prosecutors will try to convince you that a failed blood test proves you were undoubtedly guilty, this is not true and with a great Vista DUI lawyer like Peter M. Liss, you can fight these charges.
To schedule a free initial consultation, please call (760) 643-4050.
Creative Commons Image courtesy of Thirteen of Clubs
Saturday, June 9th, 2012
If you live in California, then you probably already know that the state has its maximum driving BAC set at 0.08%, but that doesn’t mean much to those who don’t understand what BAC actually means. The basics are simple, BAC stands for Blood Alcohol Concentration and is a means of measuring how much alcohol a person has in their system.
The two ways used to measure BAC are the breath and blood tests. Neither calculate the BAC at the time of driving which is what matters under the law. Of course, any test results can be disputed by your Vista DUI attorneys in court.
Note that this measurement does not take into account how intoxicated someone is. That’s because all people react to alcohol intoxication differently, so it is extremely subjective to ask police officers to evaluate if someone is or is not too drunk to drive based solely on their behavior. Indeed, two people with the same BAC can act entirely different; one may still seem sober while the other falls down drunk.
The BAC measurement provides law enforcement with a strict measurement of how much alcohol a person has in his or her body. While the law says that no one with a BAC of .08% or above can drive safely, you can still get a DUI with a lower Blood Alcohol Content in many cases. If you are a commercial driver, you cannot drive with a BAC above .04% at any time. Minors cannot have any trace of alcohol in their system, so anything above .01% will result in a license suspension.
If the officer believes you were intoxicated, but your BAC was below .08%, you can still be charged with drunk driving, but in many cases, your Vista DUI lawyer will be able to get the charges reduced to wet reckless since there will not be enough evidence to show you were Driving Under the Influence.
You may also be charged with a DUI, even if you have not consumed any alcohol, if the officer believes you were under the influence of another substance. It does not matter if it was an illegal drug or not, if the officer believes a substance affected your driving abilities, you can be charged with Driving Under the Influence. These charges can be particularly complex and require the expertise of top Vista DUI lawyers because there is no BAC equivalent in drug cases, so the case will essentially come down to whether or not you used a substance that could affect your driving and if your driving was, in fact, affected by the substance.
If you have been accused of Driving Under the Influence of any substance, immediately contact skilled DUI lawyers. Vista attorney Peter M. Liss has over 25 years of experience helping people facing similar charges and he can help you too. Call (760) 643-4050 for a free initial consultation.
Creative Commons Image by OregonDOT
Sunday, June 3rd, 2012
When you have been arrested for drunk driving, you will face an arraignment shortly thereafter; generally, within three business days if you are in custody and within two months if you are out of custody. Currently, Vista DUI rules require everyone arrested on a first time misdemeanor charge to post $2,500 bail or remain in custody pending arraignment. Bail can be posted by putting all of the money up yourself, which is called cash bail, or by going to a bondsmen who will charge up to 10% of the total bail amount.
During the arraignment, you and your attorney will hear the charges being brought against you and the evidence the prosecution has against you, which will usually include the results of your blood or breath test, the results of any preliminary screening tests and the officer’s written report.
At this time, the prosecution may choose not to file charges against you if they do not feel there is enough evidence against you or if they have not received the police or toxicology reports. While this means you must be released immediately, it also means they can bring up charges against you at a later date -up to a year later for a misdemeanor DUI offense.
If charges are filed, your Vista DUI lawyer will enter a guilty or non-guilty plea on your behalf, take copies of the evidence against you and he may argue that the charges against you should be reduced or dropped. If you are still in custody, he may also argue that you should be released based on your own recognizance or that the bail should be reduced.
If you do not wish to attend the arraignment, your lawyer can go without you in most misdemeanor DUI cases. If you are facing felony drunk driving charges, you must attend the arraignment in person.
The arraignment is a very important step in the criminal DUI proceedings as it provides your Vista DUI lawyers with the evidence that will be used against you in trial. This will provide them the opportunity to develop the strongest possible case for your defense. In some cases, there may be discrepancies in the evidence, questions about the reliability of the blood or breath testing equipment or issues with the police reports and the officer’s statements. If there are any issues with the evidence, you can rest assured that Peter M. Liss will do whatever he can to erode the prosecution’s case against you.
If you have been charged with drunk driving, please call our offices at (760) 643-4050 to schedule a free consultation.
Creative Commons Image courtesy of Oregon DOT