DUI/ DWI Pending Charges

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Whether or not a chemical test is administered, in most instances the motorist will be arrested. At the police station, the defendant is fingerprinted, booked and placed in a cell until the initial appearance. The purpose of an initial appearance is to notify the defendant of all charges, and either set bond or order release from jail without bond. In some instances, instead of spending a night in jail the officer imposes a standard bond fee that allows the motorist to be released. This is a discretionary action on the part of the officer, typically contingent upon jail overcrowding, defendant cooperation, and the officer’s disposition. If released, a future court date is set for the initial appearance.

Generally, a drunk driving arrest is merely a complaint alleging that criminal activity has occurred; it is not a formal criminal charge. The charge becomes formal upon indictment or the prosecuting attorney filing appropriate papers. There are deadlines for filing formal charges, and only in rare circumstances is the complaint dismissed. There is often a delay between arrest and indictment so the officer can prepare an official police report to factually substantiate the criminal complaint. This is also allows the defendant to retain a Roseville DUI lawyer for their defense.

If you have been arrested for a DUI contact a Roseville DUI lawyer Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 724-5270 for free consultation now.

THE CHOYCE LAW FIRM
915 Highland Pointe Drive, Suite 250
Roseville, CA 95678
(916) 724-5270

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Impact on Legal Defense

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Contrary to common belief, drunk driving defendants have several options to rebut the prosecution’s evidence of intoxication. Not Only are the tests unreliable and inaccurate, but they are also subject to multiple interpretations. By attacking the methodology and subjective nature of field sobriety tests, defendants can present a strong case. Moreover, officers must use appropriate measuring devices, as well as fully explain behavior that constitutes a test failure. Experienced Sacramento DUI defense attorney should always attempt to suppress the officer’s testimony regarding field sobriety test result from improper instructions.

If you have been arrested for a DUI contact a Sacramento DUI defense attorney Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

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Expungements & Alternatives to Incarceration

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Expungements

California Penal Code Section 1203.4 allows certain individuals to expunge their record as long as certain conditions have been met. Many of the people who meet these conditions continue to suffer the consequences of their convictions unnecessarily. We can tell you whether or not you qualify for an expungement. We will also file the appropriate paperwork for you and appear for you in court. Isn’t it time you stopped worrying about your boss, family, or friends, finding out about a conviction that may have happened years ago? CALL NOW.

Alternatives to Incarceration

We understand that the initial concern of most people is how going into custody will affect their jobs their lives and their loved ones. Going to jail, or prison, is a scary prospect, sometimes exposing you to dangerous, hardened, inmates and unsympathetic guards. Sacramento County does have several alternatives, including, Sheriff’s Work Project (SWP), House Arrest, and Community Service. All three alternatives to jail have eligibility requirements and participation usually require a judge’s recommendation.

If you are charged with a crime contact a criminal lawyer in Sacramento Dionne Choyce to protect your legal rights. Please call our office at (916) 449-9910 and speak with Dionne directly about your case. He will be happy to discuss your case with you. If you choose to retain criminal lawyer in Sacramento Dionne Choyce, you will find that his fees are affordable and well worth it.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

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Traffic Offenses

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Traffic cases can have serious consequences. Traffic Code violations can be felonies, misdemeanors, or infractions. The consequences vary with each offense. There is often a fine involved along with points on your drivers license which may result in increased insurance costs or even a license suspension. Convictions for other offenses may result in jail or even prison sentences. Convictions for some offenses are automatically accompanied by driver’s licenses suspensions. Traffic violations can have a dramatic effect on your privilege to drive and usually your pocket book. If you have been charged with any of the following violations, CONTACT US NOW!

  • Hit and Run
  • Driving on a suspended license
  • Driving without a license
  • Speeding
  • Reckless Driving
  • Exhibition of Speed
  • Street Racing

Dionne Choyce understands the consequences of these offenses and the interruption that they can have on your daily life. He can generally appear for you on these cases, so that you don’t have to miss work. Usually we can reduce the points on your license, the fine, or even get an outright dismissal of your case. To find out how, contact us immediately for a free consultation.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

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Legal Definition of Drunk

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In addition to driving, the prosecution must prove the motorist was “intoxicated” at the time of driving. Most states presume a motorist is legally intoxicated if their BAC is .10 or more (.08 in 16 states including California). Moreover, the statutes often incorporate drugs and medication into the definition of drunk, so criminal charges can be filed for using legal or illegal substances.

By comparing body weight to alcohol consumption, motorists can reasonably predict BAC levels to avoid driving while intoxicated. Of course, many factors affect BAC levels – biological composition, individual metabolism, and alcohol absorption rates. It is always better to drink less than the amount indicated for your particular weight.

If you have been arrested for a DUI contact a DUI attorney in Sacramento Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

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Drunk Driving Course

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Following a drunk driving arrest, the court may order the defendant to obtain a substance abuse evaluation and appropriate treatment. In addition to treatment, the defendant is often required to enroll, attend and pay for a state authorized drunk driving course. A person will not be denied enrollment because of income. If the defendant qualifies as an indigent, the state frequently pays most of the expense.

For persons between the ages of 16 and 21, some jurisdictions require enrollment in a reality-based education program to prevent future substance abuse related law violations. The program includes supervised tours of hospitals, treatment facilities or morgues.

If you are charged with a crime contact a criminal attorney in Sacramento Dionne Choyce to protect your legal rights. Please call our office at (916) 449-9910 and speak with Dionne directly about your case. He will be happy to discuss your case with you. If you choose to retain criminal attorney in Sacramento Dionne Choyce, you will find that his fees are affordable and well worth it.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

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Vehicle Search

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Although vehicle searches are not a serious problem during a typical police stop, the issue is important if the occupants possess illegal drugs or other contraband. In these situations, as well as others, it is vital to know your rights to recognize an unlawful police search.

The law empowers officers to implement vehicle searches with greater ease and less probable cause. Police can lawfully peer through windows to observe the interior of vehicles, but once inside, motorists are afforded greater constitutional protection. For instance, the trunk and glove box are given some privacy protection because they are enclosed compartments. Glove boxes are more easily inspected if the compartment is not locked; however, even a locked glove box can be searched because of its accessibility to the driver and the passenger. The trunk is more private because it is not accessible to vehicle occupants, but this does not apply to hatchbacks, vans or station wagon. Despite all the privacy interests, if the vehicle is impounded, officers are usually allowed to search these areas to inventory the vehicle’s contents.

If you are charged with a crime contact a Sacramento criminal defense lawyer Dionne Choyce to protect your legal rights. Please call our office at (916) 449-9910 and speak with Dionne directly about your case. He will be happy to discuss your case with you. If you choose to retain Sacramento criminal defense lawyer Dionne Choyce, you will find that his fees are affordable and well worth it.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

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Substance Abuse Evaluation

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As part of the initial appearance, the judge typically orders a substance abuse evaluation to determine whether the defendant has a drinking problem. Unfortunately, this seemingly innocuous report will heavily influence the prosecutor’s recommendation and judge’s sentence. Since the evaluation plays such a critical role in the punishment portion of a drunk driving charge, defendants should approach it with the same degree of seriousness.

Advance Preparation - Before speaking with the counselor, every defendant should contemplate answers to contemplate answers to common substance abuse questions. Most counselors follow a standard questionnaire to evaluate substance abuse problems. Each answer is scored, and the cumulative sum is compared to a chart that recommends a wide range of treatments. Properly prepared defendants will have a lower score and less recommended substance abuse treatment, whereas the ill-prepared may be characterized as chronic substance abusers who need extensive, prolonged and expensive treatment.

Standard Questions - Counselor searching for answers that reflect a substance abuse problem. Here is a list of typical standardized questions used by counselors. Carefully review, and contemplate your response prior to undergoing a substance abuse evaluation.

  1. Do you binge drink (four drinks or more in one sitting)?
  2. Do you drink alone?
  3. Do you only drink on special occasions (holidays, weddings, birthdays)?
  4. Have you ever experienced blackouts (lost memory from the night before)?
  5. Does your family have a history of alcoholism?
  6. At what age did you begin consuming alcohol?
  7. How often do you consume alcohol?
  8. Have you ever used illegal substances?
  9. Do you have any prior alcohol-related offenses?
  10. Did you have prior substance abuse treatment?
  11. Has alcohol or drugs ever affected your employment, education, or family?
  12. Has anyone ever stated that you should decrease your intake of alcohol or drugs?

Obviously, common sense can properly answer these questions to avoid the appearance of having a substance abuse problem. Here is one client’s response:

  1. Never binge drinks.
  2. Never drinks alone.
  3. Does not usually drink on special occasions.
  4. Never experienced blackouts.
  5. No family history of alcoholism.
  6. 21.
  7. 2-3 times per month.
  8. No illegal substances used.
  9. No prior alcohol- related offenses.
  10. No prior substance abuse treatment.
  11. No substance has adversely affected my job, school, or family.
  12.  No one has ever asked me to decrease my intake of substances.

These answers indicate the defendant does not have a substance abuse problem.

If you have been arrested for a DUI contact a DUI lawyer in Sacramento Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

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DUI – Pending Charges

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Whether or not a chemical test is administered, in most instances the motorist will be arrested. At the police station, the defendant is fingerprinted, booked, given a standard-issue jumpsuit, and placed in the cell until the initial appearance (usually in the morning). The purpose of an initial appearance is to notify the defendant of all charges, and either set bond or order release from jail without bond. In some instances, instead of spending the night in jail the officer imposes a standard bond fee that allows the motorist to be released.

This is a discretionary action on the part of the officer, typically contingent upon jail overcrowding, defendant cooperation, and the officer’s disposition. If released, a future court date is set for the initial appearance. Generally, a drunk driving test is merely a complaint alleging that criminal activity has occurred; it is not a formal criminal charge. The charge becomes formal upon indictment or the prosecuting attorney filing appropriate papers. There are deadlines for filing formal charges, and only in rare circumstance is the complaint dismissed. There is often a delay between arrest and indictment so the officer can prepare an official police report to factually substantiate the criminal complaint. This also allows the defendant time to retain an attorney.

If you are charged with a crime contact a criminal attorney in Sacramento Dionne Choyce to protect your legal rights. Please call our office at (916) 449-9910 and speak with Dionne directly about your case. He will be happy to discuss your case with you. If you choose to retain criminal attorney in Sacramento Dionne Choyce, you will find that his fees are affordable and well worth it.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

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Guilty Act – Actus Reus

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Aside from intent, another essential element of most criminal violations is that of actus reus, meaning the guilty act. If a person merely forms the intent to kill someone, but never does anything to actually implement it, then he or she has not committed any crime. If, however, that person forms the intent, goes out and purchases the weapon, and enters into a conspiracy to use that weapon to kill someone, then he or she may be guilty of a crime. In order to constitute actus reus, the act must be voluntary.  These two critical elements of mens rea and actus reus must occur concurrently.

For example, If David intentionally shoots to kill you, but misses and later accidentally kills you, he is not guilty of murder. At the time that David committed the act (actus reus) of accidentally killing you, he no longer had the intent (mens rea) of actually killing you.

If you are charged with a crime contact a criminal lawyer in Sacramento Dionne Choyce to protect your legal rights. Please call our office at (916) 449-9910 and speak with Dionne directly about your case. He will be happy to discuss your case with you. If you choose to retain criminal lawyer in Sacramento Dionne Choyce, you will find that his fees are affordable and well worth it.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

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