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Tarzana Criminal Defense Attorney and DUI Lawyer

8/10/2014

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TARZANA CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
Tarzana, CA is a neighborhood in Los Angeles' San Fernando Valley region.  Nearby Sherman Oaks, Encino, Reseda, and Van Nuys, Woodland Hills and Canoga Park.  With a population of just over 35,000 people, Tarzana has one of the lowest population densities in LA County.  Tarzana is a suburban neighborhood, featuring single family homes, apartment buildings and office buildings.  Ventura Boulevard is the primary commerce, dining and entertainment location in Tarzana, like many other neighborhoods in the south San Fernando Valley.  Also nearby, is our office, conveniently located in Studio City on Ventura Boulevard.

Tarzana has relatively low crime rates compared with Los Angeles and LA County, but slightly higher crime rates than neighboring Encino, Reseda, Sherman Oaks, etc.  Theft crimes (burglary, robbery, embezzlement, petty theft, grand theft), domestic violence and drug crimes (possession, sale and transportation) are the most common types of offenses in Tarzana.  The Los Angeles Police Department (LAPD) and California Highway Patrol, who patrol the neighborhood, have devoted significant resources to DUI enforcement and domestic violence prosecutions.  Officers receive extensive training in DUI field sobriety tests, conducting DUI investigations and operating breath test equipment.  If you have been arrested or charged with DUI or any other crime in Encino, Sherman Oaks, Studio City, Van Nuys, Reseda, Tarzana, Canoga Park, Woodland Hills 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 in Tarzana and most of LA's San Fernando Valley 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 TARZANA CRIMINAL DEFENSE CASE:
Dennis, a Tarzana resident is driving home from a happy hour on Ventura Blvd in Encino.  After work, he had a few drinks with co-workers before heading home.  He had three Miller Lite beers and some chicken wings.  He had all three beers between 5:30 and 7:00.  at 7:20, he comes across a DUI checkpoint near his house.

Upon contact, an LAPD officer notices the smell of beer and asks Dennis if he'd been drinking.  Dennis tells the officer that he had one beer.  Now the officer has two pieces of evidence that arouse his suspicion.  He asks Dennis to step out of the car.  He does not look drunk, maintains his balance and is cooperative with the officer.  The officer performs a series of field sobriety tests.  Dennis 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, Dennis 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, Dennis 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 he was asked to step out of the car.  

Dennis 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 a reading of .12, notably higher than the roadside results.  Dennis is released with a date to appear at the Van Nuys Courthouse.  Dennis 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 he has a strong "Rising BAC" defense.  That is, the government must prove that Dennis 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, Dennis' performance on the field sobriety tests, and the fact that the officer smelled alcohol all indicate that Dennis 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 to fight for you and assert your important constitutional rights!  Call now for a free consultation 888-200-9454.

Nicholas M. Loncar, Esq.
Los Angeles Criminal Defense Lawyer
t. 818-646-8788 | f. 818-646-8772
www.iDefendLosAngeles.com

Published By: Nicholas Loncar | Written by Nicholas Loncar
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