2012 DUI

Fighting your DUI case

If you are pulled over for a traffic violation and are suspected by law enforcement officers that you might have been drinking and driving, the police officer will ask to administer a road test more commonly known as a field sobriety test.  There are more than 2 field sobriety tests.  Most common are the:c

• Walk-and-Turn where the officer will instruct you to align your left and right foot so your right heel is touching your left toe then your left heel will touch your right toe and so on for 9 consecutive steps.
• One-Leg Stand: The officer will instruct you to stand with one foot six inches off the ground while counting aloud in thousands (one-one thousand, two-one thousand, etc.) until the officer instructs you to stop. You are also required to keep your arms at your side, look down at your foot, and keep your toes pointed. 

If you fail the administered field sobriety tests you will then be required to take a chemical test which can consist of a:

• blood sample,
• or most likely a
• breath sample on an evidential breath testing machine, a Breathalyzer

Fighting your DUI charges is a must if you are looking to get a job in the future when a DUI or DWI conviction may harm your chances for the job.
Field sobriety tests are often used by law enforcement officers to try to establish probable cause for making a DUI or DWI arrests.   Such tests are often not as reliable as law enforcement officials would like the public to believe. That’s why it is important to hire a qualified defense lawyer to represent you if get a DUI arrest.
Breathalyzer test results can be challenged for a number of reasons, including:

• improper administration of the test;
• improper or poorly documented maintenance of the testing equipment;
• your medical conditions or
• other facts of your case that might impact the breathalyzer test accuracy.

DUI cases have been argued in court over breathalyzer results and in some instances returned.  There are also many ways an attorney could challenge a breath test during the trial.
Attorney James Crawford has fought numerous DUI cases both at the trial and appellate levels and has also argued DUI cases at DMV hearings. Please contact attorney James Crawford at the following addresses for a free consultation.

James M. Crawford

528 N. Glassell                            164 East 3^rd St

Orange, CA  92867                      San Bernardino, CA 92410

Office: (714) 538-0305                 Office (909) 388-2690

Fax (714) 538-0306                     Fax (714) 538-0306

James Crawford - Appelate Lawyer

James M. Crawford is one of Southern Californias most sought after criminal defense attorneys with over 14 years of experience in criminal and appellate law. With more than 450 appeals and 60 jury trials under his belt, he is supremely qualified to handle a wide range of criminal defenese cases from felony and misdemeanor crimes to state and federal appeals.
Throughout his career as a criminal defense attorney, Mr. Crawford has been guided by a strong belief in justice and commitment to defending the legal rights of the accused. To arrange a no-cost consultation with Mr. Crawford, Click here.
If you have been wrongly convicted or recieved an extreme sentence (one that doesn't fit your crime) , you have the right to file an appeal.
The State of California has very strict deadlines and timeframes in which a defendant seeking appeal must act.

If you want to appeal a conviction...

Call James M Crawford at (714) 538-0305 right now.

Search the links below to see if your friend, family member, or loved one is currently incarcerated:

Orange County

http://egov.ocgov.com/ocgov/Sheriff-Coroner%20-%20Sandra%20Hutchens/E-Services/Who%20is%20in%20Jail%20-%20Inmate%20Info

San Bernardino County

http://www.sbcounty.gov/sheriff/bookingsearch/bookingsearch.aspx

Los Angeles County

http://app4.lasd.org/iic/ajis_search.cfm

Riverside County

http://jimspub.riversidesheriff.org/

James M. Crawford

528 N. Glassell

Orange, CA 92867

Office: 714-538-0305 Fax: 714-538-0306

164 East 3rd Street San Bernardino, CA 92410

Office: 909-388-2690

California Appeals

The decisions of the Courts of Appeal are binding on the Superior Courts of California, and both the Courts of Appeal and the Superior Courts are bound by the decisions of the Supreme Court of California. Notably, all published California appellate decisions are binding on all trial courts[2] (distinct from the practice in the federal courts and in other state court systems in which trial courts are bound only by the appellate decisions from the particular circuit in which it sits, as well as the Supreme Court of the United States or the state supreme court).[3] Court of Appeal decisions are not binding between divisions or even between panels of the same division.[4]

It is customary in federal courts and other state courts to indicate in case citations the particular circuit or district of an intermediate appellate court that issued the decision cited. But because the decisions of all six California appellate districts are equally binding upon all trial courts, district numbers are traditionally omitted in California citation style unless an actual interdistrict conflict is at issue.

All California appellate courts are required by the California Constitution to decide criminal cases in writing with reasons stated (meaning that even in criminal appeals where the defendant's own lawyer has tacitly conceded that the appeal has no merit,[5] the appellate decision must summarize the facts and law of the case and review possible issues independently before concluding that the appeal is without merit).[6] Such procedure is not mandated for civil cases, but for certain types of civil cases where a liberty interest is implicated, the Courts of Appeal may, but are not required to, follow a similar procedure.[7][8] Most Court of Appeal opinions are not published and have no precedential value;[9] the opinions that are published are included in the California Appellate Reports.

Due to their huge caseloads and volume of output, the Courts of Appeal in turn see the largest number of decisions appealed to the state supreme court and the Supreme Court of the United States. A few famous U.S. Supreme Court cases, such as Burnham v. Superior Court of California, came to the high court on writ of certiorari to one of the Courts of Appeal after the state supreme court had denied review. Many Court of Appeal opinions have become nationally prominent in their own right, such as the 1959 opinion that carved out the first judge-made exception to the at-will employment doctrine, the 1980 opinion that authorized a cause of action for wrongful life, and the 1984 opinion that created the right to Cumis counsel.

If you need to file an appeal...

Call James M Crawford at (714) 538-0305 now.

Search the links below to see if your friend, family member, or loved one is currently incarcerated:

Orange County

http://egov.ocgov.com/ocgov/Sheriff-Coroner%20-%20Sandra%20Hutchens/E-Services/Who%20is%20in%20Jail%20-%20Inmate%20Info

San Bernardino County

http://www.sbcounty.gov/sheriff/bookingsearch/bookingsearch.aspx

Los Angeles County

http://app4.lasd.org/iic/ajis_search.cfm

Riverside County

http://jimspub.riversidesheriff.org/

James M. Crawford

528 N. Glassell

Orange, CA 92867

Office: 714-538-0305 Fax: 714-538-0306

164 East 3rd Street San Bernardino, CA 92410

Office: 909-388-2690

Crazy California Laws - Fun Facts

Here are some crazy laws from the state of California:

Wearing a sweatshirt inside-out is deemed a “threatening misdemeanor” in Half-Moon Bay.
In 1930, the City Council of Ontario (California) passed an ordinance forbidding roosters to crow within the city limits.
In Los Angeles, you cannot bathe two babies in the same tub at the same time.
Peeling an orange in your hotel room is banned in California
San Francisco is said to be the only city in the nation to have ordinances guaranteeing sunshine to the masses.
In Cupertino, California, it is illegal to count backwards audibly in hexadecimal. According to Rick Kitson, Cupertino’s Public Communications Manager, this law is not true. “Amongst many lists of strange laws is an item about Cupertino. Usually, this strange law has something to do with a prohibition on audibly counting backwards in hexadecimal.
Redwood City has outlawed the frying of gravy.
In Santa Clara, it is forbidden to dedicate parking spaces to the patron saint of television.
Prostitutes in San Francisco are not obliged to make change for bills larger than $50.
The city of Mountain View proscribes calling pet fish by “names of aggressive content, e.g. ‘Biter’, ‘Killer’, ‘Sugar-Ray’”
Bicycles may not be ridden without “appropriate fashion accessories” anywhere in Santa Clara County (de facto law).
In Blythe, California, a person must own two cows in order to legally wear cowboy boots in public.
In Los Angeles, a man is legally entitled to beat his wife with a leather belt or strap, but the belt can’t be wider than 2 inches, unless he has his wife’s consent to beat her with a wider strap.
It is illegal to set a mousetrap without a hunting license.
Community leaders passed an ordinance that makes it illegal for anyone to try and stop a child from playfully jumping over puddles of water.
In L.A. it is against the law to complain through the mail that a hotel has cockroaches, even if it is true.
It is illegal to drive more than two thousand sheep down Hollywood Blvd. at one time.
It is illegal to whistle for a lost canary before 7 am in Berkeley, CA.
In California, it is illegal to posses bear gall bladders.
In California, it is illegal to trip horses for entertainment.
a few more that maybe got missed above, maybe not
Women may not drive in a house coat.
No vehicle without a driver may exceed 60 miles per hour.
Many animals are illegal to own as pets, including snails, sloths, and elephants.
Nobody is allowed to ride a bicycle in a swimming pool (Baldwin Park).
You are not permitted to wear cowboy boots unless you already own at least two cows (Blythe).
It is illegal to spit, except on baseball diamonds (Burlingame).
Detonating a nuclear device within the city limits results in a $500 fine (Chico).
It is illegal to drive more than two thousand sheep down Hollywood Boulevard at one time (Hollywood).
It is illegal to walk a camel down Palm Canyon Drive between the hours of four and six PM.
It is illegal for a secretary to be alone in a room with her boss (Pasadena).
Two bathtubs may not be installed in the same house (Prunedale).
One may not carry a lunch down the street between 11 and 1 o’clock (Riverside).
Prohibits elephants from strolling down Market Street unless they are on a leash (San Francisco).
It is illegal to pile horse manure more than six feet high on a street corner (San Francisco).
It is illegal to wipe one’s car with used underwear (San Francisco).

 

Call James M Crawford at (714) 538-0305 now.

Search the links below to see if your friend, family member, or loved one is currently incarcerated:

Orange County

http://egov.ocgov.com/ocgov/Sheriff-Coroner%20-%20Sandra%20Hutchens/E-Services/Who%20is%20in%20Jail%20-%20Inmate%20Info

San Bernardino County

http://www.sbcounty.gov/sheriff/bookingsearch/bookingsearch.aspx

Los Angeles County

http://app4.lasd.org/iic/ajis_search.cfm

Riverside County

http://jimspub.riversidesheriff.org/

James M. Crawford

528 N. Glassell

Orange, CA 92867

Office: 714-538-0305 Fax: 714-538-0306

164 East 3rd Street San Bernardino, CA 92410

Office: 909-388-2690

What Can You Do If Your License is Suspended for a DUI?

 

What Can I Do If My Drivers License is Suspended Because Of A DUI?

You have 10 days from the receipt of the Order of Suspension/Revocation to request a hearing to show that the APS suspension/revocation is not justified. The DMV will conduct a telephone hearing unless you request an in-person hearing. The APS suspension/revocation will not be stayed (delayed) unless:

• You request a hearing within 10 days from the issue date of the order and the DMV cannot provide a hearing before the effective date of the suspension/ revocation.

Before the hearing, and upon request, you may see and/ or obtain copies of the DMV’s evidence. If you want copies released to someone else, such as an attorney, you must give the person signed permission. You have the right to have a sign or language interpreter present at your hearing. Immediately notify the DMV if you require an interpreter.
You may represent yourself or at your own expense, an attorney or another person may represent you at the hearing. You may present oral testimony and other evidence. Your testimony will be taken under oath or affirmation and the hearing will be recorded.
The DMV ordinarily does not arrange to have the peace officer testify. However, the DMV reserves the right to call the officer if his/her testimony is needed. You may subpoena the officer or any other witness(es) you feel may help your case and have relevant testimony or evidence to present. You are responsible for paying the required fees and for making sure your witness(es) receives the subpoena.
After the hearing decision, you may submit a written request for a department review within 15 days of the effective date of the notice. The fee for a department review is $120 (California Vehicle Code (CVC) §§14105.5, 14907).
To reinstate your driving privilege after an APS suspension/revocation, you must:

• Pay a $125 reissue fee to the DMV (CVC §14905).
• File proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR 22], $35,000 cash deposit, surety bond, or self insurer certificate underCVC §16430).
• Maintain proof of financial responsibility for three years.

                                             You Need a Good Attorney...

Call James M Crawford at (714) 538-0305 now.

Search the links below to see if your friend, family member, or loved one is currently incarcerated:

Orange County

http://egov.ocgov.com/ocgov/Sheriff-Coroner%20-%20Sandra%20Hutchens/E-Services/Who%20is%20in%20Jail%20-%20Inmate%20Info

San Bernardino County

http://www.sbcounty.gov/sheriff/bookingsearch/bookingsearch.aspx

Los Angeles County

http://app4.lasd.org/iic/ajis_search.cfm

Riverside County

http://jimspub.riversidesheriff.org/

James M. Crawford

528 N. Glassell

Orange, CA 92867

Office: 714-538-0305 Fax: 714-538-0306

164 East 3rd Street San Bernardino, CA 92410

Office: 909-388-2690

DUI - What Now?

You have  just been arrested for DUI. What happens now?

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

Dont take any chances...

Call James M Crawford at (714) 538-0305 now.

Search the links below to see if your friend, family member, or loved one is currently incarcerated:

Orange County

http://egov.ocgov.com/ocgov/Sheriff-Coroner%20-%20Sandra%20Hutchens/E-Services/Who%20is%20in%20Jail%20-%20Inmate%20Info

San Bernardino County

http://www.sbcounty.gov/sheriff/bookingsearch/bookingsearch.aspx

Los Angeles County

http://app4.lasd.org/iic/ajis_search.cfm

Riverside County

http://jimspub.riversidesheriff.org/

James M. Crawford

528 N. Glassell

Orange, CA 92867

Office: 714-538-0305 Fax: 714-538-0306

164 East 3rd Street San Bernardino, CA 92410

Office: 909-388-2690

Another Victory - James M. Crawford

Recent News

18-year-old convict is ordered released A friend of George Lopez says he committed the robbery for which Lopez, who has no other record, was imprisoned.

Byline:JOHN McDONALD The Orange County Register   

George Arnulfo Lopez was ordered released from custody Friday by a judge who said he will hold a hearing next month to decide if the Garden Grove man's conviction for robbery was justified.

Lopez, 18, has been serving 13 years at Ironwood State Prison in Blythe for the May 1999 holdup of an Anaheim loan office. But employees present during the robbery say he was not the gunman. Lopez, who has been incarcerated for two years, has no other criminal record.

``It's just a relief,'' said Lopez's wife, Leah, shortly after Judge Daniel Didier announced the decision. ``This is the first good thing that has happened in this case.'' She said she looks forward to her husband returning home and helping her care for their 18-month-old son, Joseph, whom Lopez has seen only in a prison visiting room.

Didier said he was impressed by Lopez's strong family support.
``It's a close call,'' the judge said of his decision to order Lopez temporarily released without having to post bail.

Defense lawyer James Crawford called the decision ``a significant step toward his ultimate release and freedom.'' Didier ruled against Crawford's request that he grant immunity to a friend of Lopez's, now serving a long prison term, who has stated that he, not Lopez, committed the robbery. The friend has said he will only say what his role was if he's given a deal on sentencing. 

Deputy District Attorney Brian Gurwitz opposed the release and said later,
``We disagree with the judge's ruling, but we respect it.''
Brent Romney, a criminal-law professor at Western State University of Law in Fullerton, said it is unusual for an inmate to be released without bail while seeking to have a serious felony conviction overturned. ``The judge must consider how likely a person is to flee, and the better his chance for being exonerated at the hearing, the less likelihood that he will flee.''

Contact McDonald at (714) 834-3784 or jmcdonald@ocregister.com

Return to James Crawford in the news 

Call James M Crawford at (714) 538-0305 now.

Search the links below to see if your friend, family member, or loved one is currently incarcerated:

Orange County

http://egov.ocgov.com/ocgov/Sheriff-Coroner%20-%20Sandra%20Hutchens/E-Services/Who%20is%20in%20Jail%20-%20Inmate%20Info

San Bernardino County

http://www.sbcounty.gov/sheriff/bookingsearch/bookingsearch.aspx

Los Angeles County

http://app4.lasd.org/iic/ajis_search.cfm

Riverside County

http://jimspub.riversidesheriff.org/

James M. Crawford

528 N. Glassell

Orange, CA 92867

Office: 714-538-0305 Fax: 714-538-0306

164 East 3rd Street San Bernardino, CA 92410

Office: 909-388-2690