June 19, 2015
In California a a DUI can be enhanced for many reasons, excessive blood alcohol, priors, refusal and perhaps the most severe, the dreaded speed enhancement. The speed of the vehicle can add 60 days or more to a sentence.
If the DA alleges that you were driving 20 miles above the speed limit on a city street or 30 mph above the limit on the freeway and the speed was reckless than the Court can impose a 60 day jail sentence, even on a first offense.
This punishment can be avoided through negotiation however and it is not mandatory, so it is important to consult a lawyer to discuss your options. Kern County does not often allege the enhancement but can overlook the penalty.
June 14, 2015
If you hired our Law Firm to defend you in a traffic case and are wondering what the status of your case is, this should help:
Initially when you retained the lawyer you were provided a letter attached to the retainer agreement explaining the process of fighting a traffic violation in Kern County. You can refer to that letter for further information regarding all the steps involved. In the mean time here is what has happened since you last spoke with us:
We contacted the Court and set a Court date for arraignment on the case. We entered a not guilty plea at this initial appearance and are given a trial to resolve the ticket. You will be contacted once the case is resolved, there is nothing you need to do in the mean time and there is typically nothing new to report or “update” you about until we appear at the trial. That date will be anywhere from 45-90 days out from the initial appearance date.
To recap, we are handling the case and there is nothing you need to do but be patient and allow us to go through the process. Once again, there is no need to contact us for “updates” as there are none.
Once we resolve your case we will contact you immediately via email and report the outcome.
Thank you again for you inquiry and we appreciate your patience during the lengthy process of fighting your traffic ticket in Kern County.
June 1, 2015
Bakersfield DUI Attorney, Bruce Blythe talks about the importance of the 3 hour rule on his website. The following is an excerpt of the discussion:
” since a person’s BAC changes over time it is not always
easy to establish that the driver was at that same level, particularly when the blood is drawn hours later. To remedy this problem the law states that the DA gets a presumption(rebuttable) that the result was the driver’s actual level at the Time of driving as long as it is collected within 3 hours from the time of driving. If the sample is collected outside the 3 hour window they can still use it in Court but the prosecutor must establish that the level was above .08 through independent evidence, such as the use of an expert toxicologist. This rule is often overlooked by defense counsel and should always be scrutinized when evaluating a DUI case”