With Halloween weekend approaching and DUI checkpoints continuing across San Diego County, the Law Offices of Victor Orsatti has issued new guidance, outlining what drivers can expect after a DUI arrest, including the separate DMV deadline that begins once a suspension order is issued.
-- The Law Offices of Victor Orsatti, a San Diego criminal defense firm, is outlining the steps that typically follow a DUI arrest in California, as state and local agencies continue impaired-driving enforcement heading into Halloween weekend and the holiday season. The guidance focuses on the two separate legal tracks that begin after an arrest: the criminal case in court and the administrative action against the driver’s license through the California Department of Motor Vehicles.
Enforcement has remained active this fall. Earlier this month, the California Highway Patrol held a 12-hour statewide Maximum Enforcement Period targeting impaired drivers, with all uniformed personnel taking part. According to the CHP, officers arrested more than 500 motorists on suspicion of impaired driving during a similar operation over Halloween weekend last year.
Locally, the San Diego Police Department and San Diego County Sheriff’s Office continue to hold DUI checkpoints funded by the California Office of Traffic Safety. The Sheriff’s Office states that drivers charged with a first-time DUI face an average of $13,500 in fines and penalties, as well as a suspended license.
“An arrest is an accusation, not a conviction,” said Victor Orsatti, founding attorney of the Law Offices of Victor Orsatti. “The first days after an arrest matter, because some decisions about the license and the court case have to be made before most people understand what the evidence in their case actually shows.”
The first of those decisions involves the DMV. According to the DMV, an arresting officer typically serves the driver with an Order of Suspension/Revocation, which includes a temporary license valid for 30 days from the date it is issued. The driver then has 10 days from receiving that order to request an administrative hearing. The DMV states that this hearing concerns only the driving privilege and the circumstances of the arrest. It does not decide whether the driver is guilty of a crime. Drivers who do not request a hearing within the 10-day window lose the opportunity to challenge the suspension at that stage.
The criminal case proceeds separately in court. California criminal cases can move through several stages, including the filing of charges, arraignment, pretrial proceedings, trial and sentencing. A person charged with DUI is presumed innocent unless the prosecution proves the charge beyond a reasonable doubt. The outcome of one track does not automatically decide the other, so a driver may need to address both at the same time.
In reviewing a DUI case, the firm examines how the traffic stop began, officer observations, statements, field sobriety testing, breath or blood test records, and any available recordings. Orsatti noted that this review does not mean every case has a defense.
“Every DUI case depends on its own facts,” Orsatti said. “Some cases raise real questions about the stop or the testing, and some do not. The purpose of an early review is to understand which issues are actually present, so a person can make informed decisions instead of decisions driven by fear.”
Prior convictions or pending cases can also change what is at stake, so the firm reviews a person’s full legal history before giving case-specific advice.
About the Law Offices of Victor Orsatti
The Law Offices of Victor Orsatti is a San Diego criminal defense firm that has represented clients since 1996. Victor Orsatti has more than 30 years of criminal defense experience and, according to the firm, has resolved more than 3,000 cases. The firm handles DUI, misdemeanor and felony matters, as well as warrant recalls, probation violations and expungements. Clients work directly with Orsatti from consultation through resolution. Based at 5353 Mission Center Road, Suite 202, the firm represents clients throughout San Diego County and in Riverside, San Bernardino and Orange counties.
People arrested or charged with DUI in San Diego can reach the firm at 619-933-4688 or visit https://victororsatti.com/dui/
Contact Info:
Name: Victor Orsatti
Email: Send Email
Organization: Law Offices of Victor Orsatti
Address: 5353 Mission Center Rd. Ste. 202 , San Diego, California 92108, United States
Phone: +1-619-933-4688
Website: https://victororsatti.com/
Source: PressCable
Release ID: 89207046
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