RIVERSIDE DUI LAWYER
Being accused of a DUI in Riverside is serious - very serious! Your freedom, your career, and your future, as well as your right to drive, your insurance rates and your reputation may be at stake. The truth is, you don’t have to plead guilty. The fact is many driving under the influence and DUI cases can be successfully defended by an experienced Riverside DUI Lawyer.
Riverside DUI Lawyer and San Bernardino DUI Lawyer Randall T. Longwith is the Inland Empire's
Premier Criminal and DUI Defense Attorney. He is an experienced and highly successful criminal defense lawyer specializing in aggressively defending individuals charged with Drunk Driving and DUI offenses throughout the Inland Empire. He defends DUI cases throughout Riverside including the cities of Rodea, Romoland, Sage, San Jacinto, Santa Ana Canyon, Soboba, Sun City, Temecula, Temescal Canyon, San Bernardino County Adelanto, Angles Oaks, Apple Valley, Bloomington, Chino, Chino Hills, Colton, El Mirage, Etiwanda, Forest Falls, Grand Terrace, Helendale, Hesperia, Highland, Loma Linda, Lucerne Valley, Mentone, Montclair, Ontario, Oro Grande, Phelan, Pinon Hills, Rancho Cucamonga, Redlands, Rialto. He also defends DUI cases throughtou San Bernardino county including the cities of Victorville, Wrightwood, Yucaipa
. His clients have included doctors, lawyers, police officers and business people throughout
Southern California. Mr. Longwith has been highly successful in obtaining not guilty verdicts, dismissals, and reduction of charges in all types of criminal offenses. He also moves quickly to try and obtain a client's release from custody.
Drunk Driving or DUI in Riverside and San Bernardino is a serious criminal offense, one that must be addressed immediately. Rights can be lost without prompt action. Unless done properly, you could lose your driver's license without a hearing! At the Law Offices of Riverside DUI Attorney Randall T. Longwith, a Southern California criminal defense law firm, our DUI lawyers know how to proceed after a DUI arrest in a timely manner, protecting your freedom and your rights. You have only TEN DAYS (10) from the date of your arrest to demand an administrative hearing from the DMV. The Law Offices of Riverside and San Bernardino DUI attorney Randall T. Longwith has an exceptional record at these hearings. We also can advise you on how to obtain a Restricted License if that becomes necessary, shortening the normal four-month suspension to thirty days. We will explain to you the pros and cons of requesting a "Stay" on your suspension to allow you to drive until your hearing with the DMV.
Riverside DUI Lawyer Randall T. Longwith works hard defending our clients arrested for DUI and Drunk Driving. After many years of experience defending DUI and Drunk Driving cases, we have an in-depth knowledge of California DUI Laws, the court process, Department of Motor Vehicles ("DMV") licensing hearings, and all aspects of California DUI defense and related matters. The Law Offices of Riverside and San Bernardino DUI attorney Randall T. Longwith represent many clients throughout Riverside, San Bernnardino
counties. In most cases, the Law Offices of Riverside and San Bernardino DUI attorney Randall T. Longwith can make all court appearances for you, thereby allowing you to continue working without interruption. Some of the DUI matters we handle include the following: Drunk Driving; Driving Under the Influence of Alcohol or Drugs; Driving While Intoxicated; Field Sobriety Tests; Breath Testing; Blood testing; Alcohol Evaluations; Driver's License Suspension; Restricted Driver’s License; Underage Drinking and Driving; Vehicular Assault; Vehicular Homicide. The Law Offices of Riverside DUI attorney Randall T. Longwith aggressively protects your rights, your freedom, your driving privileges, and your reputation. Some of the things we do include: Immediately contacting the DMV to Protect Your Driving Privilege by Requesting a Hearing with the DMV; Obtaining a "Stay" on the Suspension; Helping obtain a Restricted Driver's License when necessary; Advising After a California DUI Arrest ; Appearing before Department of Motor Vehicles Officers; Plea Bargaining; Drafting and arguing Motions; Trial Preparation, including Evidence Gathering; Appearing Before All California State Courts of Law; Presenting Cases at Trial before a Judge or Jury.
STEPS IN THE
RIVERSIDE DUI OR SAN BERNARDION DUI PROCESS:
You are pulled over in a RIVERSIDE DUI or
SAN BERNARDINO DUI: In order to be pulled over for a DUI in Riverside or DUI in San Bernardino, the police must have “reasonable suspicion” or a reason to do so. This reason could be a mechanical problem with your vehicle such as a broken head light to a driving infraction such as an illegal turn, to weaving to an accident. If they suspect that you are driving under the influence of drugs or alcohol, or both, they will require you to submit to breath test or blood test to determine the amount of alcohol present in your blood. You should not refuse this test. You may choose to submit to a breath test or a blood test. When choosing, remember “Breath” evidence cannot be preserved for later retesting by your own expert, “Blood” evidence can.
Things NOT to do in a Riverside DUI or San Bernardino DUI investigation: There are certain things you should not do during a DUI investigation in Riverside or San Bernardino counties. Don’t enter into a conversation with the police regarding "what you drank", "where you were", etc. You are required only to give your name and address and to produce the necessary documents. But, other than that, you have the right to remain silent. That right is there for a reason. Take advantage of it and remain silent.
Also, don’t consent to a hand held roadside breath test. These breath tests referred to as Preliminary alcohol screening tests are voluntary and you are not required to consent even though the police often make you believe they are mandatory. They are often performed by unqualified people in uncontrolled surroundings and can give inaccurate readings that may damage your defense. Remember, the police already think you’re guilty – that’s likely why they stopped you! Make them prove their accusation in a court of law, not on the side of the road.
Do not consent to a field sobriety test. These are the tests that require you to walk a straight line, touch your nose, etc. These tests are voluntary and are subject to the interpretation of the police officer giving the test and are not based on scientific fact. If you have already taken a field sobriety test, all is not lost. An experienced DUI attorney knows how ineffective that evidence is in a court of law. You are transported to a police station. Once you are placed under arrest, you will be required to take either a breath test or a blood test. You will not be able to consult a lawyer prior to taking the test.
After the Riverside DUI or San Bernardino arrest: You must schedule a DMV hearing within 10 days. You will be given a notice of suspension and the DMV must prove that there is sufficient reason for revoking your license. If you do not request a hearing, the suspension will take effect for the legislated amount of time. It is important to remember that the DMV hearing is different from the actual court proceeding that determines your guilt but your failure to exercise your right to a DMV hearing could negatively affect your defense. Please remember, the DMV hearing is not the court hearing. There are actually two sentences that may be imposed, one from the DMV and one from the courts. If you do not schedule a DMV hearing within 10 days you will lose the right to defend yourself against the DMV at a later date.
Your attorney prepares your DUI defense. Do not get discouraged! Several factors come into play when an attorney who is experienced in California DUI law prepares your defense. DUI cases are very complex. You may feel that you have already been proven guilty because you were told your BAC was above the legal limit. However, your rights are still protected under the constitution. The burden of proof rests with the prosecutor. Mr. Longwith is an experienced DUI trial lawyer. If there is a way to successfully defend your case, he will find it.
Were you stopped by the police because they saw you swerve? If so, did you swerve to miss an object on the road? Did the police notice bloodshot eyes? Were you tired or were your contact lenses bothering you? if you did take a field sobriety test and failed, was it because of medical reasons such as high blood pressure or inner ear problems? Were you feeling intimidated by the interrogation process that may have caused you to become nervous or confused? Did the police officer have the appropriate medical credentials that would support his conclusions? When you were arrested, were your constitutional rights explained to you?
Many factors may cause a breath test to register a false reading. When you took the breath test, had you recently used mouthwash or breath sprays that contained alcohol? Do you have a reflux problem that may have caused stomach contents to re-enter your esophagus? Alcohol that is present in the mouth from breath sprays, burping, etc., may give a false reading. If you were arrested for drunk driving as a result of an accident causing injuries, blood in your mouth may also give a false reading. How long did you wait after you were pulled over before the test was administered? Alcohol enters the blood stream at a certain rate. You may have had a BAC reading of over 0.08 when the test was administered but that does not necessarily mean that you had that reading when you were driving. Mr. Longwith is certified by the police academy to administer the Alco Sensor IV breath test. He is also certified to administer the field sobriety tests. If there is any to attack the breath testing procedure or the field sobriety test procedures, Mr. Longwith will find it. Call him today for a FREE CONSULTATION at 1-888-588-4DUI
If you are eventually convicted, certain penalties may be imposed a California DUI can lead to jail time, hefty fines of thousands of dollars, probation, months of alcohol classes, and having your drivers license taken away. Mr. Longwith is an experienced and resourceful DUI attorney and can often convince the courts that a jail sentence would not benefit either the client or society. Many alternatives can be more effective such as drug/alcohol treatment, house arrest, etc. An attorney who is experienced in DUI law will introduce these alternative methods of punishment to the courts and may be victorious in keeping you out of jail.
Riverside DUI and Insurance requirements If you are convicted of a California DUI offense, you will suffer an additional financial “punishment” in the form of insurance premium increases. Although you cannot be refused insurance coverage based on a DUI conviction, you may be refused coverage by your current insurance provider and be forced to use a provider that has been mandated by the government to offer “high risk” coverage. This coverage is extremely costly. In addition to paying exorbitant premiums, you will be required to provide an SR22 form to the DMV in order to register your vehicle. The SR22 form proves that you have insurance coverage but also tells the DMV, insurance companies, employers and others that you have been convicted of DUI.
Remember that if you are arrested for California DUI you are not alone. MADD reports that, just in
California, there are over 200,000 arrests made each year. Your arrest depends on what the police see, hear and do but your freedom can depend on the attorney you choose. If you are in trouble and your freedom is on the line, you need a California DUI attorney who is not afraid to fight for you and your rights, a lawyer who is passionate about your situation, dedicated to your case and will NOT quit. You need Riverside DUI lawyer Randall T. Longwith.
The DUI and drunk driving laws in
California demand that anyone facing such changes employ an experienced criminal defense attorney for his or her defense in order to avoid mandatory jail time and to preserve your drivers license. The right
California criminal defense lawyer may be your best defense against spending time in jail. The Law Offices of Riverside DUI attorney Randall T. Longwith knows DUI arrests can be embarrassing. That is why we do everything possible to handle this confidential matter in a sensitive manner. If you have been accused of driving under the influence of alcohol or drugs, DUI, DWI, or any other driving offense in Riverside, you need to speak with an experience and aggressive DUI lawyer immediately. Please The Law Offices of Riverside DUI attorney Randall T. Longwith . We will aggressively protect your rights and your freedom.
Don't waste your time with the big firms where your case is handled by a low level associate attorney. At The Law Offices of Riverside DUI Drunk Driving attorney Randall T. Longwith, Mr. Longwith himself handles every case personally.
If you or someone you care about has been arrested for driving under the Influence or DUI in Riverside or anywhere in
Southern California, your criminal defense attorney is the only thing that stands between you and possible loss of your freedom. Your choice of attorney is critical. Don't trust your future to just anyone. You deserve the best. If you have been charged with a criminal offense, contact the best. Contact the best. Contact Expert Riverside
DUI Attorney, Randall T. Longwith at 1-888-588-4DUI
"...because a good offense is always the best defense."
For an Orange County or LA County DUI, Click Here
RIVERSIDE DUI NEWS:
The critical part of any drunk driving investigation is the administration of "field sobriety tests" (FSTs). These usually consist of a battery of excercises involving balance, coordination and mental agility — and are difficult to perform for even a sober person under ideal conditions (see "Field Sobriety Tests: Designed for Failure?"). Although there are many different tests (finger-to-nose, alphabet, etc.), an increasing number of law enforcement agencies are requiring their officers to use only the federally-recommended battery of three "standardized" FSTs. The most recently developed of these three is horizontal gaze nystagmus (HGN), commonly known as the "eye test". It is particularly effective in trial not because of its accuracy, but rather because it appears to jurors as scientific in nature.
As I have indicated in previous posts, however, HGN as a test for intoxication is fundamentally flawed and rarely understood or properly administered by police officers. See "Nystagmus: The Eye Test", "Nystagmus: The Eye Test (Part 2)", and "Nystagmus: The Eye Test (Part 3)".
A scientific study (144(3) Science and Justice 133-139) has investigated the scientific validity of the nystagmus test:
The Horizontal Gaze Nystagmus (HGN) test was conceived, developed and promulgated as a simple procedure for the determination of the blood alcohol concentration of drivers suspected of driving while intoxicated (DWI). Bypassing the usual scientific review process and touted through the good offices of the federal agency responsible for traffic safety, it was rushed into use as a law enforcement procedure, and was soon adopted and protected from scientific criticism by courts throughout the United States. In fact, research findings, training manuals and other relevant documents were often held as secrets by the state. Still, the protective certification of its practitioners and the immunity afforded by judicial notice failed to silence all the critics of this deeply flawed procedure….
In 1998 the integrity of the statistical evaluation of the original research upon which the validity of the tests rested was unfavorably reviewed [5]. In 2001 new research indicated that the Horizontal Gaze Nystagmus (HGN), the cornerstone of the test battery was fundamentally flawed and that the HGN test was improperly conducted by more than 95% of the police officers who used it to examine drivers suspected of driving while intoxicated (DWI) [6]. This summary critique demonstrates that it is scientifically meretricious and that the United States Department of Transportation indulged in deliberate fraud in order to mislead the law enforcement and legal communities into believing the test was scientifically meritorious and overvaluing its worth in the context of criminal evidence….
Deliberate fraud. Pretty strong language for a scientific journal. After reviewing the flawed and deceptive justifications for using nystagmus in DUI investigations, the researchers concluded that the test was essentially without scientific validity.
The state’s argument for the field sobriety tests does not rest on proof of merit, but upon qui tacet consentit reasoning that those tests have been so widely accepted they must have been subjected to some kind of review prior to adoption in the many jurisdictions where they are used, that somewhere along the way someone would have spotted the flaws and shortcomings. Considering that the student manual was originally considered to be a confidential state document and was only obtained through an Open Records Act request, silence from the scientific community cannot be considered an endorsement of the program.
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