Mission Hills Criminal Defense Attorney and DUI Lawyer

SAN FERNANDO VALLEY CRIMINAL DEFENSE ATTORNEY & DUI LAWYER

Mission Hills is a Los Angeles neighborhood located in the Northern San Fernando Valley.  Nearby Pacoima, San Fernando, Sylmar, Granada Hills, North Hills, Panorama City and Arleta, Mission Hills provides easy access to the 5, 405 and 118 Freeways.

A small community, with roughly 15,000 residents, Mission Hills has low population density, and low crime relative to much of Los Angeles.  Still, crime and arrests do happen.  LAPD is in charge of law enforcement in the region, with criminal matters being filed in the Superior Court of Los Angeles at the San Fernando Courthouse.  Most misdemeanors are prosecuted by the LA City Attorney's Office and most felonies by the LA County District Attorney's Office.

With the absence of much of the serious crime that plagues other areas of LA, police in Mission Hills and much of the San Fernando Valley are able to focus efforts on DUI enforcement.  Additionally, officers are specially trained in domestic violence investigations, and prosecutors are aggressive in these cases.  If you have been arrested or charged with a crime in Mission Hills, San Fernando, Pacoima, Sylmar, Granada Hills, Panorama City, North Hills, Arleta, Van Nuys, Valley Glen, or anywhere else in the San Fernando Valley, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles criminal defense attorney.  818-646-8788.

EXAMPLE OF A MISSION HILLS ARREST AND CRIMINAL DEFENSE CASE:
Eric, a Santa Clarita resident is driving home from work in Downtown LA, driving up the 5 Freeway.  Prior to driving home, he was at happy hour with a co-worker, where he drank two beers.  Stuck in bumper-to-bumper traffic, Eric is rear-ended by another driver.  Both vehicles pull to the shoulder and a California Highway Patrol motorcycle officer arrives about 30 minutes later.  Although it is clear the other driver is at fault, the officer smells alcohol on Eric's breath.

The officer asks Eric whether he's been drinking, and Eric admits to drinking two beers after work.  Now, approximately an hour has passed since the accident, and the officer asks Eric to perform some field sobriety tests.  Eric agrees and does the tests as instructed, to the best of his ability.  Next, the officer has Eric blow into a handheld breathalyzer machine (Preliminary Alcohol Screening, or "PAS" device).  Eric can refuse this test, but didn't realize that and so he submits to the test.  The results come back .083 and .087, above the legal limit.  Eric is placed under arrest and transported to the police station for processing.

Eric is then offered a choice between a breath and blood test and chooses breath.  Now, his BAC comes back .09 and .10.  Eric is charged with DUI, his license is taken away, and now he must face both criminal charges in court, and an administrative suspension with the DMV.  The other driver was not injured, so Eric will not face charges of DUI causing injury.  Had there been an injury, he'd be facing harsher punishment, a longer license suspension and a possible felony.  He would have a strong defense, as well, as he was not responsible for the accident.

Eric hires a Los Angeles DUI lawyer to represent him in court and to set up a DMV Hearing at the Van Nuys Driver Safety Office.  The lawyer immediately recognizes that Eric has a strong "Rising BAC" defense.  Because Eric drank right before driving, his BAC was on its way up to the level of the tests (and still on its way up to the legal limit) while he was driving.  The first test, the .083 PAS was performed nearly an hour after Eric was driving.  The later test, the .09 and .10 breath tests took an additional 35 minutes.  This pattern of a rising BAC indicates that there is a strong likelihood that Eric's BAC was below the legal limit at the time he was driving.  This would make him not guilty of driving while having a BAC of .08 or higher.  More likely, Eric's BAC was around .06 before the accident.  Since the accident was not his fault and he performed well on the field sobriety tests, the government has a weak case. 

Eric now must choose whether to take the case to trial or to accept a plea deal that would reduce his charge to a reckless driving.  If he takes the deal, he will not lose his driver's license in court, but has to pay fines and be on probation.  If he fights the case at trial, he has a strong chance at an acquittal, despite testing above the legal limit.

Discuss your case with an attorney to find out the possible and likely outcomes, what defenses you can assert, and how to best assert your rights and protect yourself from negative consequences.  Criminal convictions can carry jail or prison time, large fines, probation, as well as consequences for immigration, employment, education and professional licensing.  Find out how we can help.  FREE CONSULTATIONS 818-646-8788.

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

Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
LAPD Online 
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule