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San Jose DUI Lawyer

Santa Clara County DWI Defense Attorney

Stop the Suspension of Your License So You Can Continue Driving

If you’ve been charged with a DUI in California (driving with a blood alcohol level of .05 or more), you have only 10 calendar days from the day of your arrest to stop the automatic suspension of your license. Contact a San Jose DUI attorney at Hinkle, Jachimowicz, Pointer & Emanuel immediately to stop the suspension of your license pending a hearing at the Department of Motor Vehicles (DMV). If you are near the end of your 10-day grace period, you may complete the REQUEST FOR STAY FORM and fax it to the DMV.

Our firm defends against all DUI charges, including:

Attorneys John Hinkle and Michael Horner are both members of the California DUI Lawyers Association. Mr. Horner’s practice is limited exclusively to drunk driving defense, and serious traffic violations and DMV suspensions for point count violations, loss of consciousness, old age, and other issues.

DMV Hearing

When you hire our firm, we will immediately take over and file the Stay of Suspension, order discovery (all police reports and lab results), gather evidence regarding your version of the arrest and, if appropriate, RETEST your blood for accuracy.

We do not recommend a telephone hearing. During an in-person hearing, we can take the officer’s testimony, cross-examine him, and bring in a forensic toxicologist (a scientist who testifies in alcohol cases). Breath tests can be highly inaccurate. If we win at the DMV hearing, your license will be returned with no administrative suspensions.

DUI Arrests — The Criminal Case

With a DUI arrest, you will have both a DMV administrative case and a criminal case. You do not have to be afraid of going to court. WE CAN USUALLY APPEAR IN COURT WITHOUT YOU and continue the case for negotiations with the district attorney. In this way, we can discuss your case several times with the district attorney with the goal of either reducing the charges to a lesser offense or lessening the consequences. If a trial is needed, we have the experience to aggressively defend you.

Typical Issues in a DUI Case

Probable cause to stop : An experienced DUI lawyer can evaluate whether the police had a legally sufficient reason to stop you and can file a motion to exclude evidence based on lack of probable cause.

Who was driving?: Surprisingly, many people are arrested on suspicion of DUI with very little proof that they were actually driving a car (car parked, suspect out of the car, ignition off). There is an absolute defense if the police cannot show beyond a reasonable doubt that the person charged was actually driving.

Blood alcohol level at the time of driving: To be found guilty of DUI, it must generally be proven that you had a blood alcohol level of .08 or more at the time of driving. The breath machines (or blood sample) cannot tell when you were driving. Defenses include rising blood alcohol over time, proper administration of breath and blood tests, and proper preservation of blood samples.

Breath tests and blood partition ratio: The California courts have acknowledged that the average person's breath alcohol ratio may vary by .02 or more. To accurately assess blood alcohol, more exhaustive tests must be performed. Michael Horner will hold the prosecutor's feet to the fire of science in breath and blood analysis.

Contact a San Jose DUI Defense Attorney to Discuss Your Case

Contact a San Jose DUI defense attorney at Hinkle, Jachimowicz, Pointer & Emanuel. There is never a charge for your initial in-office conference with us. At that conference, the facts and defense of your case are discussed as well as the fee we will charge. In most cases, payment plans can be arranged.

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Main Office
Hinkle, Jachimowicz, Pointer & Emanuel
2007 West Hedding Street, Ste. 100
San Jose CA 95128

Telephone: 408-246-5500
Telephone: 800-576-4210
Fax: 408-246-1051

San Jose Law Office | E-mail Us

Gilroy Office
Hinkle, Jachimowicz, Pointer & Emanuel
7539 Eigleberry Street
Gilroy CA 95020

Telephone: 408-246-5500
Telephone: 800-576-4210
Fax: 408-246-1051

Gilroy Law Office | E-mail Us

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