DUI Defender

Many times we are confronted with an under age driver who may be charged with a violation of Vehicle Code section 23136 or 23140 NOT 23152 which is the adult DUI statute. It raises the spector of avoiding the one year suspension, The accused has the right to request a hearing prior to the DMV imposing a one year suspension. The case can base the suspension on either a PAS test or an evidentiary test at the police station, jail, or crime laboratory. In truth, VC 23136 is an infraction which means that it is subject to fines in court but no suspension from the court, however, the under 21 year old driver has a very slim chance of winning the APS hearing as the burden of proof born by the DMv is very low, while they must lay a foundation to use the PAS device (sometimes challenging as the law enforcement agencies frequently fail to comply with accepted standards for maintaining and calibrating the hand held device) and frquently we are able to preclude that number, the subsequent evidentiary test is much more difficult to defeat.

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