A free case evaluation with San Diego DUI attorney Ian Pancer is really free. You can call on the phone or come in to the office – your choice. There is no pressure or sales pitch. Mr. Pancer will give you an honest evaluation of the strength of your case based on the facts that you provide. DUI defense really is a specialized area of law. You need to have a consultation with an attorney who is able to understand and discuss the subtleties of DUI law. Otherwise, you risk receiving inaccurate advice and making the wrong decision about whether to retain a private attorney or, worse yet, whether to fight your case.
At the free DUI consultation, Mr. Pancer can explain to you possible defenses to your San Diego case, and give you specific examples of strategies that may be used to mount a strong defense. Mr.Pancer will discuss the science of DUI law, including the science of breath and blood tests, the procedures that must be followed when adminstering those tests, the procedures for the administration of field sobriety tests, the possibility of retesting a blood sample (and the best way to do it), sample cross examination, and examples of argument to the jury. You will leave the free consultation with far more knowledge about DUI defense that you had when you walk in.
Here are the answers to some questions that are commonly asked at the free consultation. Before coming in, you may want to review these questions and answers, as they may clarify some matters and help you think of additional questions. You also may want to write your questions down, as it can be difficult to recall your questions when you are on the spot.
Question:
How do I find out the results of the blood test?
Answer:
Mr. Pancer can call the Sheriff’s crime lab and get the results of a blood test over the phone, if the test is completed. He can also call the San Diego Police Department to find out whether your blood test results are in. If your blood is being tested at the SDPD crime lab, you, rather than the San Diego DUI attorney, will need to go to the San Diego Police Department in person and bring a photo I.D. to get the test results. The only police agency that uses the SDPD crime lab is the San Diego Police Department. All others, including the Highway Patrol (CHP), the Sheriff’s Department, the Chula Vista Police Department, the National City Police Department and the Oceanside Police Department use the Sheriff’s crime lab.
Question: If I lose the DMV hearing, does it matter what happens in the court case?
Answer:
Mr. Pancer’s number one goal is to get your case dismissed or to use his skills as a San Diego DUI attorney to win at trial. But, as a DUI defendant you will naturally want to know the worst case scenarios. With no prior DMV hearing losses or DUI or Wet Reckless convictions, losing the DMV hearing will result in a four month license suspension, during which you can’t drive. But, if you enroll in the first conviction program and show proof of insurance, the DMV will give you a five month restricted license after you serve one month hard suspension. If you lose the court case, the DMV will impose a six month license suspension, which is two months longer than the suspension caused by a loss at the DMV hearing. But, you can get the one month license suspension followed by the five months with a restricted license, which most people choose to do. So, assuming you lose the DMV hearing and you want to get a restricted license, the length of the actual suspension will not increase as a result of a court conviction.
If you take the court case to trial, and are acquitted with a not guilty verdict, then the suspension from the DMV hearing is reversed. However, if you take the case to trial and get a hung jury, then the suspension resulting from the DMV hearing remains intact, even if the judge dismisses the case after your San Diego DUI attorney achieves a hung jury. The suspension also remains intact even if the prosecution never charges your case in court, or charges your case and then dismisses it. Mr. Pancer will break down all the possible consequences of the DUI arrest. The interplay between the consequences of the DMV hearing and the consequences of the court case are quite complex, but Mr. Pancer will simplify it at a free consultation.
Question: Will my insurance company find out if I get a DUI?
It depends what you mean by ‘get a DUI.’ Being arrested for DUI does not automatically cause the DMV to notify your insurance company. However, a conviction for DUI or a finding against you at the DMV hearing will trigger the DMV to report to your insurance company. So, if your license is suspended and you need proof of insurance (an SR-22), you may as well get it from your insurance company rather than paying an independent broker because the insurance company will probably find out anyway.