Simi Valley DUI Attorneys

It takes special knowledge to handle a Simi Valley DUI case.  Our Simi Valley DUI attorneys know the courts and know the judges and know how to defend you.  Led by Doug Ridley, a former Deputy District Attorney for Ventura County, we know how to help you if you get arrested in Simi Valley for a DUI.  Simi Valley prides itself on being the safest city in the country and they take DUIs in Simi Valley very seriously.  Our criminal lawyers know how to get you through this process and can tell you if we can get your charges dropped.

We’ve handled DUI cases where people got arrested after a night at Judge Roy Bean’s, Elephant Bar Simi Valley, or Snookies Simi Valley.  We know that after a night at Cronies Sports Grill in Simi Valley, the Simi Valley Police Department can be outside waiting for drivers leaving the bar.  It may not seem fair, but this is an easy way for the police to catch a DUI driver in Simi Valley.

Some of our Simi Valley DUI clients were not even out for a night drinking.  We’ve seen clients out for a nice dinner at Musashi who had one too many glasses of sake.  After watching a game at Arena Sports Grill & Bar, a client with one too many beers will have a hard time not getting a DUI in Simi Valley.

You will have to appear for your DUI in Simi Valley Court.  If you go without an attorney, you will have to wait all morning until all the other cases are called.  Even if you just want to go in and plead guilty, you will have to fill out a lot of complicated paperwork that affects your rights.  It is always worth it to have a DUI attorney from the Law Offices of Douglas H. Ridley by your side when you go to Simi Valley Court.

Even before court, you only have ten days from your arrest to handle the problems with the DMV and your license.  If you do not contact the DMV within ten days, they will automatically suspend your license following a DUI arrest in Simi Valley.  Even if you were not guilty, the DMV will assume that you were driving under the influence in Simi Valley if you do not call to request a hearing.  The DMV hearing can be a complicated and intimidating process if you do not know the law.  At the Law Offices of Douglas H. Ridley, we have the DMV on speed dial.  We can get your hearing requested and make sure that your rights are protected.

 

SIMI VALLEY DUI

Every court is different, and every case is different.  But what follows below is an example of a fairly standard DUI case out of Simi Valley.  The first time offer for this case was the following:

  • 48 hours Ventura County Jail
  • Formal Probation for 36 months
  • No alcohol while driving during probation
  • Agree to test for alcohol at any time during probation
  • Obey all laws during probation
  • Fines and fees

 

The fines and fees for this Simi Valley DUI were as follows:

  • $528.00 – fine
  • $1590.00 – penalty assessment that goes to the courts
  • $722.00 – probation supervision fee
  • $356.34 – criminal justice administration fee
  • $100 – state restitution fund fee
  • $50.00 – alcohol abuse and prevention fund fee
  • $40.00 – court security fee
  • $35.00 – administrative fee for making payments over time
  • TOTAL:  $3,456.34

 

In addition to this amount, for a first offense, a Simi Valley DUI also requires a DMV class for drinking and driving.  This is a 90 day class, and this fee for a Simi Valley class was $843.00.

 

DMV HEARING

Beyond the court case, a Simi Valley DUI also requires an administrative DMV hearing to determine the validity of your license.  The DMV conducts a hearing pursuant to California Vehicle Code section 13353.2 to determine the following:  CVC 13353.2(a): “The department shall immediately suspend the privilege of a person to operate a motor vehicle for any one of the following reasons:    (1) The person was driving a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in his or her blood.”  The standard of proof for the hearing is governed by California Vehicle Code section 13353.2(e):  “The determination of the facts in subdivision (a) is a civil matter that is independent of the determination of the person’s guilt or innocence, shall have no collateral estoppel effect on a subsequent criminal prosecution, and shall not preclude the litigation of the same or similar facts in the criminal proceeding.”  This means that this is completely separate from your criminal case, and is only subject to the standard of proof in a civil case:  a preponderance of the evidence.

What this means for you is that a DMV employee will review the case and determine if you were driving over a .08 blood alcohol content.  If you were, they will make a decision to suspend your driver’s license, regardless of what is decided in your criminal case.

 

DRIVERS LICENSE SUSPENSION

Once the DMV suspends your license, you must do several things in order to get it back:

  • Pay a $125 reissue fee to the DMV
  • You must file proof of insurance by getting an SR22 from your insurance company
  • You must enroll in a DMV DUI program for 90 days pursuant to Health and Safety Code section 11836.

On a first offense, once your license has been suspended for 30 days, you can request a restricted license if you do the three things listed above.  Your restricted license allows you to drive:

  • Back and forth to work
  • In the course and scope of your employment
  • Band and forth to your DUI program

If you apply for a restricted license, you will have five months of license restriction following your initial thirty days of suspension.  If you do not apply for a license restriction, then you will have your license suspended for four to six months, depending on the action of the court.

A Simi Valley DUI is complicated.  That is why you need a consultation as soon as possible with a Simi Valley DUI attorney at the Law Offices of Douglas H. Ridley.  Call now to see if your charges can be dropped and get some help on your case.

August 5, 2011