MANHATTAN BEACH CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
Manhattan Beach, CA is an upscale beach town in Los Angeles' South Bay region.  Close to LAX, Hermosa Beach, Redondo Beach, El Segundo, Lawndale, Hawthorne, Artesia and Torrance.  Manhattan Beach has one of the wealthiest and most educated populations in California and in LA County.  Manhattan Beach has a population of just over 35,000, with actors, athletes and other celebrities among the other wealthy residents.

Like many upscale areas in Los Angeles County, crime rates are low in Manhattan Beach.  Violent crimes and theft crimes are among the lowest in LA County, California and the nation.  Manhattan Beach Police Department is in charge of law enforcement for the area.  Misdemeanors are prosecuted by the Manhattan Beach City Attorney and felonies by the Los Angeles County District Attorney.  Criminal and traffic matters are both heard at the LA Superior Court's Torrance Courthouse.

As with all areas of LA County, DUI enforcement is aggressive in Manhattan Beach.  With a lot of resources, and not much crime to fight, police in Manhattan Beach are able to target drunk driving, underage drinking and the like.  With a significant nightlife presence on Manhattan Beach Boulevard by the pier, drinking and driving and other alcohol-related arrests are common.  Additionally, although drug crimes are less common in Manhattan Beach than other parts of Los Angeles and the surrounding area, drugs can be prevalent in Manhattan Beach as well.

If you have been arrested or charged with a crime in Manhattan Beach, you need a skilled Los Angeles Criminal Defense Attorney to fight for you and assert your rights and defenses.  Contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Lawyer.  Being arrested and facing criminal charges is scary.  You are most likely unfamiliar with the criminal justice system and unsure of what to expect and how to protect yourself.  It is absolutely imperative to have a talented, dedicated and knowledgeable Los Angeles Criminal Defense Attorney on your side.

EXAMPLE:
Meghan is driving home to Torrance after a night out in Manhattan Beach.  As the designated driver, Meghan drank only two drinks while at the bar.  She did not drink at all for the first hour or so, then someone bought her a drink.  She got one more at about 12:30 am.  When her friends were ready to go home, around 1 am, she finishes her second drink quickly and heads out.  Meghan does not feel the effects of alcohol and feels fine to drive.

As Meghan is driving, she encounters a DUI checkpoint.  Due to the small amount of alcohol she has had, and the presence of her three drunk friends, the officer who approaches Meghan's car smells alcohol.  He asks Meghan if she has been drinking and she says that she has not; that she was the designated driver.  The officer smells alcohol, and is convinced that he smells alcohol coming from Meghan's breath.  He asks Meghan to step out of the car and perform a series of field sobriety tests.  Meghan does pretty well on the field sobriety tests, despite not wearing the best footwear to be balancing and hopping around.  Next, the officer has Meghan blow into a preliminary alcohol screening (PAS) device, a handheld breathalyzer police use at the scene to determine if a driver is intoxicated.  The device is not very accurate, but if the results are high enough, it can justify probable cause for a DUI arrest.

Meghan blows two times, resulting in .07 and .08 readings.  She is placed under arrest and brought to the police station.  At the station, Meghan is given the option to submit to a breath or blood sample.  Meghan provides a breath sample only.  The machine used at the station is more accurate, but this test is now being performed over an hour after Meghan was done driving.  The breath test shows a result of .10.  Meghan is charged with DUI and is given a court date to appear at Torrance Courthouse.

Meghan hires a Los Angeles Criminal Defense Attorney / DUI Lawyer to represent her in court and to try to stop an administrative license suspension with the DMV.  Meghan's lawyer schedules a DMV hearing and begins preparing defenses for both the court case and the DMV hearing.  It is clear to the attorney that Meghan has a strong "rising BAC" defense.  The result closest in time to her driving shows her below the legal limit.  The smell of alcohol on her breath, paired with the rising pattern in the test results and testimony from her friends indicate that Meghan had not been under the influence of her second drink while she was driving.  Alcohol takes time to absorb.  Absorption also happens in the duodenum (which connects the stomach to the lower intestine).  

The alcohol that the officer smelled on Meghan's breath was still in her mouth and/or stomach, which means that it was not yet absorbed into her system, and not affecting her ability to drive.  Because Meghan was stopped at a checkpoint, there is no evidence of bad driving, and her performance on the field sobriety tests was solid.

Meghan's lawyer is able to convince the prosecutor to dismiss Meghan's DUI charges and allow Meghan to plead guilty to reckless driving ("dry reckless"), without DUI conditions.  Not only does Meghan not face a court suspension of her license and not need to install an ignition interlock device (IID), but she does not even face the negative consequences associated with a "wet reckless" which can count as a DUI prior and triggers DUI classes.  Meghan's attorney is also able to get a "set aside" (win) her DMV hearing.  The lawyer presents the rising BAC defense to the hearing officer and demonstrates that Meghan was not above the legal limit while driving.  Meghan does not get a DUI conviction and gets to keep her license.

If you have been arrested or charged with a crime in Manhattan Beach, Redondo Beach, Hermosa Beach, Torrance, El Segundo, Westchester or anywhere in LA County, contact the Law Offices of Nicholas Loncar to discuss your case with a Los Angeles Criminal Defense Attorney and DUI Lawyer.  Consultations are free and can really help you understand what is going on in your criminal case.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Published By: Nicholas Loncar | Written by Nicholas Loncar