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Howard M. Van Elgort
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Howard M. Van Elgort
Santa Cruz County California DUI Lawyer Howard M. Van Elgort
Santa Cruz County California DUI Lawyer Howard M. Van Elgort
CALL NOW FOR A FREE CASE EVALUATION
(831) 462-4231
Santa Cruz County California DUI Lawyer
Howard M. Van Elgort
2820 Porter Street
Soquel, CA 95073
DUI - Arrest
After a traffic stop and any field sobriety tests, the first stage of the criminal process in a DUI case begins when a police officer places the suspect under arrest. An "arrest" occurs when a person has been taken into police custody and is no longer free to leave or move about. The use of physical restraint or handcuffs is not necessary. An arrest can be complete when a police officer simply tells a crime suspect that he or she is "under arrest", and the suspect submits without the officer’s use of any physical force. The key to an arrest is the exercise of police authority over a person, and that person’s voluntary or involuntary submission.
A police officer may usually arrest a person in the following circumstances:
The Police Officer Personally Observed a Crime
If a police officer personally sees a person commit a crime, the officer may lawfully arrest that person. For example:
A police officer pulls over a vehicle that is being driven erratically, and after administering a Breathalyzer test, sees that the driver’s alcohol intoxication level is more than twice the state’s legal limit for safe operation of a vehicle. The police officer can legally arrest the driver for DUI.
The Police Officer Has "Probable Cause" To Arrest
When a police officer has a reasonable belief, based on facts and circumstances, that a person has committed (or is about to commit) a crime, the officer may arrest that person. This belief, known as "Probable Cause", may legally justify a DUI arrest in certain situations where strong indications of DUI are present, but administration of a chemical test is refused or is otherwise not possible. For example:
A police officer pulls over a vehicle that is being driven erratically. The officer notices empty beer bottles in the back seat and the strong odor of alcohol on the driver’s breath. Though the driver refuses to submit to a Breathalyzer test, the officer may lawfully arrest him or her based on a probable cause belief that a DUI has been committed.
An Arrest Warrant Has Been Issued
When a police officer has obtained a valid warrant to arrest a person, the arrest is lawful. An arrest warrant is a legal document issued by a judge or magistrate, usually after a police officer has submitted a sworn statement that sets out the basis for the arrest. When issued, an arrest warrant typically:
- Identifies the crime(s) committed;
- Identifies the individual suspected of committing the crime;
- Specifies the location(s) where the individual may be found; and
- Gives a police officer permission to arrest the person(s) identified in the warrant.
Challenging An Unlawful Arrest
At all stages of the criminal process, including arrest, police officers must protect citizens’ constitutional rights, such as the right to remain silent and the right to be free from unreasonable searches. If these rights are violated, a court may later deem the arrest unlawful, and certain evidence may be thrown out of the case.
While a criminal suspect may question the lawfulness of an arrest when it is happening, including the basis for the arrest and the actions of the police officers, that battle is better fought in court than on the street.
A California DUI in the Courts
- $1,300 fine.
- 3 years probation (informal - no probation officer).
- 3-5 days sheriff work alternative program (picking up trash, cleaning buses, etc.)
- First Offender School (12 hrs/ 32 hrs / 45 hrs (3 month or 6 months) depending on blood alcohol levels.
- AND Once the DMV receives notice of conviction - 6 Months license suspension (this is in addition to APS action - see The Complication below).
If the DUI charge is reduced to a ’wet reckless’ the fine is lower and the course is only 12 hours. BUT If you want a restricted license, the DMV requires a completion certificate for a first offender program. A first offender program is 3 months long (sometimes the county makes it 4 months long). So, here is the catch 22. The court tells you to do a 12 hour program BUT the DMV has NO forms for a 12 month program and ONLY accepts completion forms for a 32 hour program! Get it? If you’ve got a ’wet-reckless’ then you have to complete a 3 month program to get your license from the DMV in California! A DUI lawyer can help you out with this.
This is in addition to the four months immediate DMV suspension that starts 30 days after your DUI stop.
These two ACTIONS (court and DMV) are SEPARATE and do not influence one another. Many times someone gets their license back by going to the DMV hearing and then is convicted in the court. When this happens what happens to your license gets ever more complicated. And the reverse is true, people are innocent in the court and yet still have a license suspension with the DMV.
With the conviction in the court you are allowed to get a restricted license AFTER a 30 day hard suspension (after the 30 day temporary license period is over = two months after your DUI stop). This allows you to drive to and from work and in the course of your employment and to and from the DUI class.
The only draw back to the license restriction is that it is restricted for 5 months (they say 6 but the DMV counts the first month of suspension). OR you can ride out the 4 months suspension period and get you license back. BUT, once the court notifies the DMV that you have been convicted of a DUI or a wet reckless and as part of your probation you have been sent to a First Offender Program. The requirement to show proof of completion of the program will be added to the list of items needed Proof of Insurance SR-22 and pay $100) to get your license returned.
According to CA DUI Laws, as of October 2005, upon receiving notice from the court of a California DUI conviction (23152) the DMV is suspending licenses for 6 months. This newly added compilation is a double suspension the DMV is giving DUI offenders. The first is the four month APS suspension telling DUI offenders they can get a restricted license DMV tells DUI.com that only 20% of DUI offenders statewide actually get this restriction) and then they issue this letter telling the offender they are suspended for 6 months and can get a restricted license on the court conviction. The added complication is this; once a person gets an APS restriction they have to go back in and get another restriction after paying $15.00.
As anyone can see there is a problem with time. If someone gets an APS restriction and then receives a letter from the DMV based on the conviction indicating that they have a 6 month suspension (AFFECTIVE as of the CONVICTION date) they will actually be driving on a suspended license (and if stopped will have their car towed) until they go to the DMV and pay a $15 restriction to get a restricted license reinstated.
Work Experience:
April 1997 - Present: Private law practice, Soquel, CA. Criminal defense only.
December 1996 - April 1997: Private law practice, San Francisco, CA. Sole practitioner handling criminal defense cases exclusively.
January 1996 - December 1996: Internet Marketing, Thetis Island, British Columbia. Conducted several home-based marketing businesses over the Internet.
January 1995 - December 1995: VP & General Counsel, Ground-Loc Systems, Inc. CA. & WA. Developed marketing strategies, programs and materials. Negotiated and prepared agreements. Analyzed production costs and product pricing.
January 1990 - December 1994: Private law practice, Joshua Tree, CA. Conducted all aspects of sole practitioner law office business unassisted by any other personnel. (criminal defense only).
January 1983 - December 1989: Private practice. Martin & Van Elgort, PLC., Yucca Valley, CA. Partner in two-man, three secretary general practice law firm with emphasis on litigation.
July 1979 - December 1982: Supervising Municipal Court Judge, Morongo Basin Division of the San Bernardino Municipal Court District, Joshua Tree CA. In addition to presiding over civil and criminal caseloads, I developed and implemented numerous innovative programs to improve the delivery of court services to the community.
January 1977 - June 1979: Judge of the Justice Court, Twentynine Palms Judicial District, San Bernardino County. Presided over both criminal and civil court cases and conducted private law practice on the side. Filed law suit requiring the State and County to upgrade the Court to a Municipal Court, thus bringing increased services to residents of the area.
October 1973 - December 1976: Assistant Public Defender for County of Riverside, Indio CA. In charge of branch offices in the desert portions of Riverside County. Supervised staff of 8 attorneys, 2 investigators and 2 secretaries.
January 1972 - October 1973: Deputy Federal Public Defender, Central District of California, Los Angeles. Staff attorney in newly formed federal program. Represented clients accused of various federal offenses.
June 1966 - January 1972: Executive Director of the Legal Aid Foundation of Long Beach. Developed and managed federally funded, 4 office, 18 attorney legal services program. Also served as a consultant on legal services for the Federal Office of Economic Opportunity.
July 1965 - June 1966: President and General Manager of private escrow corporation In Los Angeles. Operated small private escrow company consisting of 3 escrow officers.
October 1963 - July 1965: Deputy City Attorney, Los Angeles City Attorney’s Office. (Criminal) July 1962 - October 1963: Private practice of law, Beverly Hills, California.
Serving clients in Santa Cruz, Monterey and San Benito Counties, including the communities of: Santa Cruz, Watsonville, Scotts Valley, Capitola, Soquel, Aptos, Boulder Creek, Ben Lomond, Felton, Davenport, Freedom, Corralitos, Monterey, Pacific Grove, Carmel, Carmel Valley, Marina, Prunedale, Castroville, Salinas, and Hollister.
COMMONLY ASKED QUESTIONS AND ANSWERS
- TYPE OF CASES OUR FIRM HANDLES
I handle many types of cases to bench and jury trials including DUI, Criminal and Traffic.
- WE THINK YOU SHOULD HIRE US IF:
You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
- OUR FIRM IS NOT RIGHT FOR YOU IF:
You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.
- IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message with my secretary or on my voicemail. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (831) 462-4231 or email at howard@calcentral.com
- THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.
- OUR CLIENTS WILL TELL YOU THAT:
My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.
- OUR PHILOSOPHY ON HOW WE APPROACH OUR CASES IS:
Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
- IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
During our free initial consultation I will answer any questions. Please call (831) 462-4231 .
