While it is no question regular passenger vehicle drivers face severe consequences after being charged and convicted of a DWI or DUI offense, individuals with a CDL will receive different ramifications. Fortunately, those with standard licenses may be eligible for a temporary or restricted driver’s license that allows them to commute to and from work. Even more, no matter the type of license, you will always have a better chance of avoiding license revocation using arrest-specific defenses to avoid suspensions. However, these need to be implemented immediately following a DUI or DWI arrest.

It is crucial to understand the process drivers face getting a DUI charge with a CDL. In other words, if a commercial driver faces DUI charges, they will not get the privilege of a restricted license to protect their employment status. Because of this, the best defense in keeping a CDL license following a DUI/DWI charge is understanding the ways you can challenge probable cause for a DUI stop at the beginning of your case.

It is also essential to note that whether the CDL driver was arrested for a DUI in the commercial vehicle or their own personal vehicle, the consequences and penalties are typically the same.

Because we have seen how CDL revocations can profoundly affect a person’s livelihood and daily life, we suggest you contact a DUI attorney immediately following the charge. We have the experience and necessary knowledge to fight your driver’s license revocation, including CDL suspensions. Also, doing so can most likely help your privileges become reinstated.

Unfortunately, the consequences are entirely too risky to try to defend your DUI charge without any professional experience or knowledge. Therefore, it would be in your best interest to hire a lawyer experienced in defending DUI charges involving a CDL.

If you currently have a pending charge, every state’s DUI laws require that commercial license drivers notify their employers within 30 days of any state or local traffic violations. Even if the offense occurred when driving a personal off-duty vehicle out of state, you are still legally obligated to notify your employer.

Unfortunately, many companies have strict legal restrictions regarding the employment of CDL drivers with specific traffic violations. Therefore, any offenses may result in the suspension or termination of the offender’s job. CDL holders must also provide any future potential employers with details regarding crimes and serious traffic violations that have taken place within the last ten years.

What Happens After a Second DUI Offense Charge on a CDL?

Drivers with commercial driver’s licenses are held to a higher standard and, therefore, are met with more severe consequences following a DUI or DWI charge.

If a CDL holder is arrested while driving a commercial vehicle and has a blood alcohol concentration (BAC) level of .04 or more, they will face the same, if not worse, ramifications. For a second DUI charge, the driver will have their CDL revoked and will no longer be eligible for reinstatement for the rest of their life. However, it would be helpful to note that you may be able to have the license reinstated in some states if a minimum of 10 years has passed.

How Will a Lawyer Be Able to Defend my CDL License?

Suppose a driver chooses to challenge a CDL license suspension caused by a DUI. In that case, they will have to request an administrative license hearing within the allotted time following the initial arrest.

If you face a revoked or suspended CDL license, call the Law Office of David Leicht at (760)256-3104 for a free consultation today.The Law Office of David Leicht serves the California communities of Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, and Wrightwood.

In California, most motorists will (or have been) stopped by a law enforcement officer at some point in their lives. Typically, most traffic stops are made for minor traffic violations and end in warnings rather than harsher tickets or arrests. Unfortunately, though, some routine stops quickly become serious when law enforcement officers become suspicious of the motorist. Sometimes, they suspect drivers of committing a more serious crime other than the traffic violation itself.

Therefore, it is essential to know our legal rights if, for some reason, you are stopped by law enforcement officers who become suspicious of you. If you are involved in a traffic stop that ended in an arrest, you must immediately speak to an experienced DUI attorney right away. Below, we have compiled a list of reasons why you may have attracted the police’s attention in traffic:

• A light is out (e.g., headlight, turn signal, brake light, taillight).
• Your license plate is expired or wrongly-placed on your vehicle.
• You have something hanging off your rearview mirror, or your windshield is blocked in general.
• You tossed something out of your windows, such as a cigarette or trash.
• You were speeding or recklessly driving.

Your Rights at a Traffic Stop

It’s not uncommon for people to feel stressed or frightened when stopped by police. Even worse, some law enforcement officers take advantage of their position of power and treat people poorly (and, in some cases, illegally). So, you must know your rights if you ever find yourself stopped in traffic. During a traffic stop, you have the right to remain silent, as well as the right to have an attorney with you during any interrogation. When you notice that an officer signals for you to stop, you should pull over to the right side of the road, away from any other traffic. Then, you should:

• Keep your hands in view on top of your steering wheel. You should wait until they ask you to retrieve your license, registration, and proof of insurance.
• Ask the officer if you are able to leave (once it is appropriate).
• If they tell you that you are not free to go, you should then ask, “For what reason are you detaining me?”
• Remember that it is your right to remain silent. You can let the officers know by saying, “I choose to exercise my right to remain silent.” They cannot arrest or detain you for exercising this right.
• Do not consent to a search. Although some officers may try to search anyway, make sure to clearly state, “I do not consent to a search.”
• Cooperate with the officer if you are receiving a ticket. You have to provide your name, date of birth, and signature on the ticket. Failure to do so may result in an arrest.
• Refrain from expressing disrespect or attitude.
• Do not attempt to run or physically resist a body search or “pat-down.” You should clearly state, “I do not consent to a search.”
• Do not lie. Instead, exercise your right to remain silent.
• Understand that police officers have the legal right to lie and intimidate you.
• In the unfortunate case you are arrested, ask the officer if you can park your car safely or at least, have a friend drive it away. If this does not happen, you will have to pay towing and impound fees.

What If the Police Wants to Test You for a DUI?

Submit to a test if the police want to test you for driving under the influence (DUI). It is important to note that you are not legally required to submit a DUI test in California unless you are formally taken into custody, you are under 21, or you are currently on probation for DUI. However, remember that refusal to submit to a DUI test will only increase your chance of being arrested. You can always submit to the DUI test and later have a criminal defense attorney fight the results. It is also crucial to remember that in California, your driver’s license will be suspended for one year for the refusal to submit to a DUI test following a formal arrest.

If law enforcement officers have reason to believe you are carrying a weapon, they can legally search you on the spot without a warrant. This law is in place to give officers the right to protect themselves from harm. If the police officers find any illegal drugs, stolen property or cash, or weapons on you, any evidence can be used against you in a court of law. They are also legally allowed to search your vehicle if they have probable cause to believe there is any evidence of a crime. Again, anything found in a search can be used against you. Lastly, the police can legally search your vehicle without a warrant if they impound it.

How Can I Avoid Trouble?

While this may seem obvious, you should never attempt to bring a law enforcement officer during a traffic stop. You should also avoid trying to make light of the situation, as most police officers will not care for the humor. Keeping your car tidy is also a good idea because people tend to hide illegal items, such as guns and drugs, under piles of mess. Refrain from hanging anything on your rearview mirror or blocking any part of your windshield and vision. Try not to have loud music playing when the officer approaches your vehicle.

It is essential to be as kind as cooperative as you can be. Law enforcement officers have lost their lives performing routine traffic stops, and when they pull you over, they will not assume the best for their safety. So, to best keep the traffic stop safe and productive for you and the officer, it is best to be cooperative and friendly. This will put the officer at ease and you in the best position to go home safely.

If you would like to learn more about your legal rights during traffic stops, call the Law Office of David Leicht at (760)256-3104 for a free consultation today.The Law Office of David Leicht serves the California communities of Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, and Wrightwood.

Although you should not need a reason to not drive under the influence, it’s useful to know that California enforces some of the strictest DUI penalties in the nation. First time DUI offenders are typically ordered to pay fines anywhere between $390 to $1,000. Their license also becomes suspended for up to four months. Driving under the influence can also cost you between four days and sixth months in jail, as well as mandatory community service or traffic/DUI school.

In the unfortunate case you get pulled over for a DUI, here are a few things you should try to remember:

• Be Polite

It is crucial that you stay calm and collected to the law enforcement officer, no matter how scared or mad you are for being pulled over. If you come off as hostile or rude, the police officer can write an incriminating report that harms you later. You should always comply with the officers’ orders because you can be arrested and charged for resisting arrest if you fail to do so.

• Know Your Rights

If, for some reason, you try to defend your DUI by telling the police officer you’ve only had a couple of beers, you are going to wish you exercised your right to remain silent. You can always exercise this right so that you can avoid incriminating yourself. However, it’s important to remember that you still have to provide your license, registration, and proof of insurance. You are just legally protected from declining answering any questions regarding alcohol or where you have been. You do not have to submit to a field sobriety test in California unless you are under 21 years of age or on probation for a DUI conviction. So, it is your legal right to politely decline to submit to a sobriety test and explain that they are not required by California law.

• Submit to a Chemical Test

California enforces an implied consent law, which states that if you are arrested for DUI, having a driver’s license automatically indicates you have given consent to submit to a chemical test. However, you do have the choice between taking a breath test or a blood test. This is important to note because breath tests are commonly attacked in court. And while you cannot retest a breath sample, you can retest a blood sample with an independent laboratory to determine whether the government’s test was accurate. It is important to remember that refusing to take a chemical test often results in blood being taken from you forcibly. These results can be used against you in court, and they will add a charge that states you refused to submit to the test.

• Contact an Attorney

If you face a DUI charge and conviction, you must hire an experienced DUI attorney to help you defend your case. You should always ask them how long they’ve been practicing DUI law, how many cases they’ve taken to trial, and gain an overall idea of their experience representing people. In your initial consultation, you should also ask which lawyer would handle your case, as well as their qualifications to help you.

If you face a DUI charge and would like to learn more about your options, call the Law Office of David Leicht at (760)256-3104 for a free consultation today.The Law Office of David Leicht serves the California communities of Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, and Wrightwood.

If you face an active DUI charge, the best thing you can do for yourself is to find the right attorney to ensure the best outcome possible. While no attorney can promise any particular outcome, you have a way better chance of receiving a smaller penalty with an experienced attorney than not. So, to determine whether an attorney is right for you, we have compiled a list of questions you should ask before moving forward.

At the Law Office of David Leicht, we can help you schedule a free consultation to learn more about your options. You can get to know more about your lawyer while they become more familiar with your case. Therefore, coming prepared with questions to ask will only help your DUI case in the long run.

Learn About Your Lawyer

Once you get a DUI lawyer, you want to feel confident in their ability to defend your case. Typically, the questions you should ask include:

• How long have you been practicing DUI law?
• Do you specialize in DUI cases? Do DUI cases make up a significant amount of your workload?
• Did you go through any special training regarding DUI cases?
• Do you handle both the DMV hearings and the trial?
• How many of your DUI cases go to trial? What percentage end in a plea deal?

These questions are designed to help you determine if the lawyer is qualified to handle your case. You want to hire an experienced DUI lawyer with great attention to detail to improve the chances you will receive a lesser penalty or charge. It’s also crucial to know if you’re likely going to trial or avoiding it altogether with a plea deal so that you can better prepare for the future.

How the Lawyer Gets Paid

Unfortunately, most people do not qualify for a public defender. Yet, this isn’t always a bad thing considering you may end up with a public defender who has no experience with DUI cases.

So, you should always be prepared to know the costs of hiring a private DUI lawyer to defend your case. Questions you should ask about the cost include:

• What are your rates? Do you charge by the hour, or is there a single fee?
• If any additional charges come up in my case, does your rate cover them?
• Do you offer payment plans? Do you accept credit cards? How do you expect to be paid?

Asking about finances can be uncomfortable, but that’s the last thing you should feel when looking for a lawyer. You want to make sure your lawyer makes you feel comfortable by being honest with you about their costs beforehand. Keep in mind that a higher cost doesn’t necessarily mean a higher quality defense. Remember to consider how the lawyer in question makes you feel about how they will defend you.

Types of Outcomes

While it is bad practice for lawyers to promise any particular outcome, experienced lawyers should at least have an idea of your case’s possible outcomes. Therefore, it’s best to ask your lawyer the following questions:

• Should I take a plea deal?
• Will the DMV administrative hearing affect the trial or plea deal?
• Are there any alternative charges (like wet reckless driving) that can be found?
• Do previous charges affect the expected outcome of my trial or plea deal?

For your lawyer to most accurately answer these questions, you must come prepared with all the details of your case during the consultation. The more information you bring, the more accurate your DUI’s expected, or likely outcome will be.

If you would like to discuss your DUI charge with an experienced lawyer, call the Law Office of David Leicht at (760)256-3104 for a free consultation today.The Law Office of David Leicht serves the California communities of Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, and Wrightwood.

According to the California Vehicle Code (VC) section 14601, a person is prohibited from driving knowing that their license has been revoked or suspended. Revoked licenses and suspended licenses differ in the process drivers must take to regain their driving privileges. A revoked license is a more severe consequence and can be permanent or require reapplication when a person becomes eligible. A suspended license is temporary and can automatically become reinstated once a driver meets specified requirements.

How can I lose my license?

Various violations of the law can cause you license suspensions/revocations. Your driver’s license can be taken from you by the court, the DMV, and the law enforcement agency that arrests you for the law violation. The following are a few reasons they could suspend and revoke your license:

• You have been arrested or convicted of DUI, reckless driving, or possession of a controlled substance,
• You have an arrest warrant,
• You have a medical condition that affects your ability to drive (such as epilepsy),
• You rack up too many points on your driving record for DUI or traffic violations,
• You failed to pay child support,
• You do not have car insurance,
• You did not appear in court following a traffic violation,
• You did not file a report with the DMV following an accident, or
• You failed to pay a civil judgment regarding an automobile accident.

Prosecution for Driving with a Suspended License

Under VC 14601, the prosecution must prove the following elements before convicting a person of driving with a suspended license:

• A person drove a motor vehicle during their license suspension or revocation.

AND

• They were aware their driving privilege was suspended or revoked while driving the vehicle.

The first component is self-explanatory in that it only requires the prosecution to prove a person was driving during a time they had no privilege to do so. The second is a bit more challenging to prove; however, VC 14601 states that a driver is presumed to know of their suspended or revoked license if:

• The DMV mailed the person advisement notice of the suspension/revocation,
• The notice was mailed to the most recent address listed at the DMV, or a more recent address was provided to a law enforcement agency or the court, AND
• The notice was not returned to the DMV as unclaimed or undeliverable.

A person’s knowledge is presumed if the prosecution can prove this mailing occurred or that the court informed the defendant of their suspension/revocation.

VC 14601 Charge Defenses

Lack of Knowledge

• The law includes provisions that presume knowledge because it is difficult for the prosecution to prove a person was aware of their driver’s license suspension or revocation. Therefore, if a person’s criminal defense attorney can prove that the notice was sent to the wrong address, they may effectively defend the charges. A person’s lawyer may also defend the charges if they can prove that the court or law enforcement officer failed to advise them of their revoked or suspended driving privileges.

The License Was Restricted

• An attorney may defend a person’s charges if they can prove that the person was legally driving on a restricted license and that the driving was permitted under the restricted license’s conditions. A restricted license is unique because it a type of suspended license that allows a driver to commute between home and school or work. Therefore, driving would not be considered a violation of VC 14601 if a person was driving under the conditions.

Consequences for Driving with a Suspended/Revoked License

Under California law, driving with a suspended or revoked license is a misdemeanor. Under VC 14601, a first conviction may result in the punishments listed below:

• A fine ranging from $300 to $1,000; and
• Imprisonment in a county jail anywhere between five days and six months.

If the same violations occur within five years following the first conviction, a person may face increased fines and jail time. In addition, a person whose license is suspended or provoked due to a DUI conviction may be required by the court to install an ignition interlock device (IID). An IID prevents a person’s vehicle from starting if they cannot provide a breath sample free of any measurable amount of alcohol.

FAQs

• Will my license be automatically reinstated when my suspension ends?

The process of reinstating a license will depend on why a person’s license was suspended. So, suppose your license suspension was caused by a DUI. In that case, you will be required to complete the terms of your sentence and provide any necessary documents to the DMV (completion of all alcohol education programs, proof of insurance, etc.).

• When will my license be suspended/revoked if I was arrested for an alcohol-related DUI?

For DUIs related to alcohol, licenses are suspended at the time of the arrest. The officer is required to take possession of your license and provide you with a notice informing you of the suspension (also known as a “pink sheet”). However, you may be able to continue driving if you notify the DMV that you are invoking your right to a hearing within ten days of the arrest. If you fail to contact the DMV within ten days of your arrest date, your license will be suspended 30 days from your arrest date.

It is important to note that police officers are not permitted to take your license if you are arrested for a DUI under their belief that you were driving under the influence of prescription medication or unlawful drugs.

• Can I lose my job for driving with a suspended license?

If your job involves driving, violation of a suspended license may be a problem. Some jobs also require that you have a valid driver’s license, making it difficult to keep your job with a suspended license. Typically, the court will not consider your employer’s requirements when suspending or revoking your license.

If you face a revoked or suspended license, call the Law Office of David Leicht at (760)256-3104 for a free consultation today.  The Law Office of David Leicht serves the California communities of Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, and Wrightwood.

Because coronavirus has cleared up the California highways, more and more drivers see this as a rare opportunity to speed through the roads. In this time, one reckless driver reached up to 165 mph!

Since the stay-at-home order took effect on March 19^th, law enforcement officers have increased speeding citations above 100 mph by 87 percent.

California Highway Patrol officials calculated 2,493 speeding violations in this short amount of time compared to the smaller 1,335 during the same time last year. This rise in speeding tickets has also spiked despite the volume of drivers decreasing to about 35 percent.

CHP Commissioner, Warren Stanley, has expressed his concerns for this speeding ticket spike, saying, “It is alarming to see the number of citations officers are writing for excessive speeds. Higher speeds can lead to much more serious injuries and significantly increase the chance of death should a crash occur.” There is no doubt that these high speeds are increasing drivers’ risk of injury or accident.

In San Juan Capistrano, a driver sporting a Chevrolet Camaro hit Interstate 5 at an alarming 165 mph. He was caught, arrested, and charged with various offenses, including speeding, reckless driving, and driving without a license.

In an effort to slow California drivers down, CHP has decided to remind drivers using display messages on over 700 electronic highway signs placed throughout the state.

One of the signs will read, “If you must travel, do not speed.”

If you find yourself tempted by the empty roads and end up with a speeding ticket, call the Law Office of David Leicht at (760)256-3104 for a free consultation today.The Law Office of David Leicht serves the California communities of Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, and Wrightwood.