DUI cases are aggressively pursued by Ventura County law enforcement agencies and prosecutors. If you are facing a DUI Alcohol or Drug case in Ventura County, you should always enlist the services of an experienced criminal defense attorney.
There are essentially two phases to a DUI case – the DMV hearing and the criminal case. If you contact the Department of Motor Vehicles within 10 days of your arrest, you will be afforded a due process hearing to challenge the suspension of your license. Skilled lawyers capitalize on the DMV hearing to prepare for the criminal case.
I always use the DMV hearing to my advantage by doing the following:
(1) In breath test cases, I will subpoena the calibration records of the breath testing device used by your investigating officer to ensure that it was working correctly.
(2) The Highway Patrol and several other Ventura County agencies have dash cam videos installed in their cruisers. I will subpoena the video evidence from the agency and closely review it to see if it helps us challenge the officer’s assertion that he or she had probable cause to stop you.
(3) In addition to receiving the officer’s report from the DMV hearing officer, I will subpoena the relevant 911-call and dispatch logs if they exist.
(4) I will interview you at our first meeting and determine if there is surveillance video, witness statements, mechanical problems with your vehicle, or potential medical issues that directly impact your case.
(5) If it is appropriate, I will subpoena your arresting officer to the DMV hearing and cross examine him in depth concerning the circumstances of your arrest. Using the DMV hearing to our advantage, we gain the opportunity to cross-examine your arresting officer before the prosecutor can sit down and prepare the officer for testifying. There is no other similar opportunity in criminal law to shape the direction of a case before a prosecutor becomes involved.
Through experience and training I know how to prepare your case for trial. Imagine the advantage we can gain by obtaining all of the evidence using DMV subpoenas before a reviewing prosecutor ever gets his or her hands on the case.
Please feel free to give me a call at (805) 585-0048 if you or a loved one have been arrested for DUI in Ventura County.