DUI Advice | OC DUI Blog

If you were unfortunate enough to have a DUI in Newport Beach – watch out. Newport Beach is infamous for a police department dedicated to catching and arresting DUI offenders, a prosecutor, the Orange County District Attorney’s office, that has higher penalties for Newport Beach DUIs than other courts in the same county, and judges that don’t want to be known for being soft or easy on DUI offenders – especially in an area with as many political connections as Newport Beach.

Orange County DUI checkpoint locations are often found in Newport Beach, and DUI checkpoints are one of the most common ways the police find individuals to arrest for DUI. Unfortunately, DUI checkpoints are not truly effective ways of catching criminals. Their most useful purpose is for providing money to the city of Newport Beach, especially through impounded motor vehicles. An individual will still have to pay to have his vehicle back, even if he has been found innocent of DUI in a court of law.

The best thing you can do is to have one of the specialized Newport Beach DUI lawyers in the area handle the DMV issues for you. You’ll have only 10 days and could face having a suspended license for a year or more if you don’t act. It’s very important that the attorney has the chance to schedule a hearing to stop the DMV from removing your privileges because they can then subpoena witnesses and evidence that can help convey your innocence.

If you schedule the hearing yourself, you risk losing witnesses who may be unable to attend on the date you’ve scheduled, and it may be an inopportune time for your Newport Beach DUI lawyers too. Be sure to let the attorney know right away that you haven’t scheduled the hearing but that it needs to be done. They are experts at handling the situation and can potentially keep you from losing your license privileges.

There are many different factors that contribute to the defense of a DUI charge. Not only will your attorney go over the details of the arrest with a fine-tooth comb, but he or she will ensure that all proper procedures were followed during your arrest. For instance, if the arresting police officer did not follow proper protocol, there’s a chance that all charges could be dropped. If your Miranda rights were not read to you, or if the breathalyzer machine was not calibrated correctly, the attorney can work to have the charges dismissed. Your blood alcohol level and toxicology reports will be gone over as well, as attorneys know exactly what to look for.

By quickly contacting an attorney as soon as you’ve been arrested and charged, you increase your chances of having competent representation and ensuring that your rights are protected. Our Newport Beach office is located at 5020 Campus Drive, Newport Beach, CA 92660 — steps away from the front door of the courthouse in Newport Beach, and you can reach us at (949) 682-5316.

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Defending a California Penal Code 261: Rape

California Penal Code 261, or rape, is defined as the forced act of sexual intercourse. There are many variables that fall under this penal code as well, including forced intercourse with a foreign object, forced oral copulation, statutory rape and date rape. Being accused of Penal Code 261 is frightening, and it’s important to contact criminal lawyers, Orange County or otherwise, as soon as you have been accused.

Defending Penal Code 261

When an individual has been accused of rape, the first thing an attorney will do is go over the details of what happened, getting the details from his or her client while they are still fresh in the mind. There are many different defenses and the attorney will use those details to strategize a defense that conveys the client’s innocence. Some of the most common defenses include:

Consensual Act:

If the alleged victim gave his or her consent to the sexual intercourse, the accused is not guilty of rape. Many times, a victim will claim that he or she gave their consent at the beginning but then changed their mind. However, if the victim did not clearly communicate that they no longer wanted to participate in the sexual act, the accused is still not guilty of rape since he or she did not know the victim had changed their mind.

False Accusations:

As with other crimes, rape is often claimed by ‘victims’ out of jealousy, rage, or other reasons as a means to ‘get back’ at the accused. This is unfortunate, but it happens all the time. If this is the case, an attorney will compile evidence which points to this fact and will convey this to the judge and jury. Things that will be considered are other rape allegations from the same ‘victim’ pointing at other individuals, the circumstances surrounding the case, etc.

Mistaken Identity:

Unfortunately, many rapes occur at night and in conditions where it is difficult for the victim to actually see his or her attacker. Many different things can affect a victim’s ability to correctly identify an attacker, such as low light, prejudice in photo or police officer line-ups, face coverings, poor vision and many other things. Many individuals have been released from custody after having been proven innocent through DNA evidence of rape crimes they were convicted of. This is one reason why contacting an attorney right away is so important.

When an individual is accused of rape, his or her future is often on the line. It’s important to take that seriously and contact a capable attorney who also understands the gravity of the situation and will fight to ensure his or her client’s rights.