Local Business
15520018 · located on
https://marincountyduilawyer.net/ · has website
Marin County Guide · lists
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"excerpt": " MARIN COUNTY DUI LAWYER-SAN RAFAEL DUI ATTORNEY Home DUI DUI FAQ’s Criminal Defense Blog Contact Michael Rehm For Free Consultation (415) 251-1680 MARIN COUNTY DUI LAWYER MICHAEL REHM (415) 251-1680 Marin County DUI Lawyer Michael Rehm provides representation on driving under the influence and criminal defense cases in Marin County, California. An arrest for a DUI immediately triggers the need to set a hearing with the DMV. If arrested in Marin County, the DMV in charge of this hearing is the San Francisco Branch , they can be reached at (415) 557-1170. The hearing can be set by phone. This step needs to be completed within 10 calendar days of the arrest date . The court date will be held at the Marin County Courthouse located at 3501 Civic Center Drive San Rafael, CA 94903 . For most misdemeanor matters, including DUI , counsel can appear for the defendant. ( Penal Code 977(a)(1) ) This court date is the arraignment , and is generally followed by a succession of court dates that can deal with obtaining discovery , contesting the reason you were pulled over and/or arrested, whether bail is necessary and ultimately leading to a trial. The arraignment is generally held in Courtroom N, while the additional court dates, in the case of misdemeanor DUI’s, are heard in Courtroom M, in front of the Honorable Terrence R. Boren . Every case is different, so there is no set path for every case, but certain defense strategies need to be followed in order to obtain the best possible outcome in your case. San Rafael DUI Attorney Most arrested for a DUI will face two charges: (1) Vehicle Code 23152(a) : It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. This code section makes it illegal to drive under the influence of alcohol and/or drugs. Notice there is no blood alcohol level requirement. That is intentional. This charge is brought when an individual has either less than a 0.08% or more than a 0.08%. Therefore, even if the blood alcohol level is 0.06% or a 0.07%, the District Attorney can still pursue a DUI charge based on this code section. In order to do this, they would have to show evidence that the individual was under the influence of alcohol, and if the blood alcohol level is below the legal limit, it obviously becomes a much tougher case. In these situations, the prosecutor will look to additional evidence for help with their case. Such evidence consists of how the defendant was driving: if it was poor driving, that can be used as evidence of impairment. The results of the field sobriety tests come into play: how did the defendant perform on the walk and turn, etc. Did the arresting officer observe bloodshot eyes, slurred speech, or an odor of alcohol on the defendant? In essence, this code section allows the District Attorney to bring a DUI charge, based on evidence independent of the blood alcohol result, when the additional evidence is relatively strong in regards to being under the influence. Marin County DUI Lawyer Michael Rehm knows how to combat this additional evidence and show how it is based on other factors independent of the individual being under the influence of alcohol. (2) Vehicle Code 23152(b): It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. This is the charge the general public is familiar with. There are multiple issues with this charge. First, one has to remember that all of the elements of the offense have to be concurrent. In other words, it is not enough to show that the individual was a .08% or more at the time the breathalyzer was given, the prosecutor has to be able to show that the blood alcohol level was 0.08% or more at the actual time of driving. Second, the breathalyzer or the blood test has to jump through certain hurdles in order to be admitted into evidence. It is a much easier argument when the District Attorney has no chemical tests, whether it be breath or blood, as opposed to arguing that there is an error in the breath or blood tests, although that can be effective as well. Both of these charges require an attorney who understands the science of alcohol absorption into the body, the prerequisites of admitting chemical tests into evidence, the relationship that the DMV has with the Criminal Case in Court, and overall DUI defense. Services Provided: Release from Custody : The Law Office of Michael Rehm assists in securing release from custody at the Marin County Jail. Generally, individuals arrested on A DUI will be released on their “own recognize” without having to post bail. For the list of individuals currently in custody, click here. Representation at the DMV Hearing : Marin County DUI Lawyer Michael Rehm includes representation at the DMV hearing in his flat fee. There are certain strategies that apply at the DMV hearings that are separate from the Court case. Th",
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