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Encino Criminal Defense Attorney and DUI Lawyer

8/5/2014

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ENCINO CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
Encino, CA is a neighborhood in Los Angeles' San Fernando Valley region.  Nearby Sherman Oaks, Tarzana, Reseda, and Van Nuys, with Brentwood and Bel-Air right across the Santa Monica Mountains.  With a population of just over 40,000 people, Encino has one of the lowest population densities in LA County.  Encino is an affluent community with single family homes, apartment buildings and office buildings.  Ventura Boulevard is the primary commerce, dining and entertainment location in Encino, like many other neighborhoods in the south San Fernando Valley.  Also nearby is our office, located on Ventura Boulevard in Studio City in the San Fernando Valley.

Like many affluent communities in Los Angeles, Encino has low crime relative to other parts of LA County.  The Los Angeles Police Department (LAPD) and California Highway Patrol therefore have devoted significant resources to DUI enforcement.  Officers receive extensive training in DUI field sobriety tests, conducting DUI investigations and operating breath test equipment.  In addition to DUI cases, there are drug crimes, domestic violence, theft offenses and more.  If you have been arrested or charged with DUI or any other crime in Encino, Sherman Oaks, Studio City, Van Nuys, Reseda, Tarzana or anywhere else in Los Angeles or the San Fernando Valley, you need a skilled, passionate Los Angeles Criminal Defense Attorney to fight for you and assert your rights and defenses.

Criminal and traffic matters proceed to the Van Nuys Courthouse.  Felonies are prosecuted by the Los Angeles County District Attorney's Office and misdemeanors by the LA City Attorney's Office.  Both units are aggressive, particularly with their enforcement of DUI and domestic violence offenses.  Having your own skilled, passionate Los Angeles Criminal Defense Attorney to negotiate with them and assert rights and defenses on your behalf is imperative.  If you have been arrested or charged with a crime, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Lawyer.

EXAMPLE OF AN ENCINO CRIMINAL DEFENSE CASE:
Charlie, an Encino resident is driving home from a happy hour on Ventura Blvd in Sherman Oaks.  After work, he had a few drinks with co-workers before heading home.  He had three Bud Light beers and some nachos.  He had all three beers between 5:30 and 7:00.  at 7:15, he comes across a DUI checkpoint near his house.

Upon contact, an LAPD officer notices the smell of beer and asks Charlie if he'd been drinking.  Charlie tells the officer that he had one beer.  Now the officer has two pieces of evidence that arouse his suspicion.  He asks Charlie to step out of the car.  Charlie does not look drunk, maintains his balance and is cooperative with the officer.  The officer performs a series of field sobriety tests.  Charlie does well on the one leg stand and the walk and turn test.  The officer also performs an eye test, known as the Horizontal Gaze Nystagmus test.  According to the officer, Charlie fails the test, meaning that his eyes did not smoothly pursue the pen in the officer's hands as he moved it right and left.  Next, Charlie is asked to blow into a handheld breathalyzer known as a preliminary alcohol screening (PAS) device.  The test yields results or .080 and .084.  These tests were performed approximately 30 minutes after Charlie was asked to step out of the car.  

Charlie is arrested for DUI and transported to the station.  At the station, he is given a choice between a breath and blood test and chooses breath.  The breathalyzer machine at the station shows Charlie at a .12, notably higher than the roadside results.  Charlie is released with a date to appear at Van Nuys Courthouse.  Charlie hires a skilled Los Angeles DUI Lawyer with extensive knowledge of the defenses available in these kinds of cases.  It is immediately apparent to the attorney that Charlie has a strong "Rising BAC" defense.  That is, the government must prove that Charlie was intoxicated at the time of driving, but has evidence that he was above the legal limit over an hour and a half AFTER driving.  Alcohol takes time to absorb.  The pattern in the test results, Charlie's performance on the field sobriety tests, and the fact that the officer smelled alcohol all indicate that Charlie had not yet absorbed the beers and that they were not affecting his ability to drive safely.  Additionally, the officer does not know nearly as much about the HGN test as the defense attorney.  On cross-examination, it would be clear that the officer cannot draw any intoxication conclusions based on the HGN test.  

Being arrested and charged with a crime is scary.  You are probably frightened, frustrated, nervous and unsure of what to expect in court.  Get the best Los Angeles Criminal Defense Attorney you can on your side!  Call now for a free consultation 888-200-9454.

Nicholas M. Loncar, Esq.
Los Angeles Criminal Defense Attorney
t. 818-646-8788 | f: 818-646-8772
MOBILE: 323-803-4352
www.iDefendLosAngeles.com
[email protected]
12198 Ventura Blvd | Suite 207
Studio City, CA | 91604

Published By: Nicholas Loncar | Written by Nicholas Loncar
CRIMINAL AND TRAFFIC CASES IN ENCINO ARE HEARD AT THE VAN NUYS COURTHOUSE.  THE LAW OFFICES OF NICHOLAS LONCAR IS LOCATED NEARBY IN STUDIO CITY ON VENTURA BOULEVARD.


IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A CRIME IN ENCINO, SHERMAN OAKS, TARZANA, STUDIO CITY, VAN NUYS, RESEDA OR ANYWHERE ELSE IN THE VALLEY, CONTACT US NOW FOR A FREE CONSULTATION.  818-646-8788
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