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Crininal DUI Defense Lawyer
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Orange County DUI Defense Attorney:

The Law Offices of Elia A. Naqvi acts as an aggressive advocate for clients throughout Southern California who are facing DUI charges. Even a DUI conviction can have severe consequences for your life. DUI conviction is placed on your criminal record and can be used against you for next 10 years as a prior for any further DUIs.

You should never plead guilty to a DUI without the advice of an attorney who has experience doing DUIs. Attorney Elia A. Naqvi has extensive DUI defense experience and has a thorough knowledge of the DUI laws. She has gone to trial in numerous DUI cases and has won numerous not guilty verdicts.

Trust in someone who knows the law and the court system. Elia A. Naqvi has been working solely as a criminal defense attorney for the more than 8 years. She does not do anything but criminal defense.

Moreover, she handles all her cases personally. Your case will be handled by the attorney that you hired, not by an unknown attorney.

A DUI arrest starts two separate legal proceedings — the criminal process and a Department of Motor Vehicle process that can lead to the loss of your driver's license. It is extremely important/ that you obtain representation by an experienced DUI defense attorney to address both parts of your case.

What is Driving Under the Influence?

 

Criminal Process:

There are a number of issues that are considered and should be raised when it comes to experienced DUI defense. Elia A. Naqvi will carefully and thoroughly analyze your case. She will recommend a legal strategy designed to protect your driver's license and preserve your freedom. Beginning with the initial stop, the arresting officer needs a lawful probable cause to pull you over. There are also numerous issues with chemical testing and the chemical test results can be challenged as to the accuracy of the test, the procedure by which these tests were obtained.

Some basic issues to consider in DUI defense are whether there is any admissible evidence that you were driving the car. The prosecution has to prove beyond a reasonable doubt that you were driving the vehicle. The officer’s also have to show that your ability to drive was impaired due to intoxication or use of drugs. The officer’s observations and field sobriety tests can be thoroughly challenged in a trial due to the subjective nature of these observations and opinions regarding the field sobriety tests.

There are several ways to challenge the reliability and admissibility of the chemical tests, including blood, breath or urine testing. An experienced attorney can challenge the chain of custody of blood, and urine testing. We will also look at various calibration records to see whether the breath test machine was functioning appropriately.

There are also various defenses that can be raised with the help of an expert, such as, rising blood alcohol defense. We will also look into the procedure by which the chemical test was taken and whether the machines were maintained and the procedure laid out by state was followed.
DUI cases are complex cases with tremendous amount of issues and a chance for success if it is handled by an experienced attorney, like Elia A. Naqvi.


 

 


DMV Process:
First Step is to maintain your right to drive, your attorney needs to schedule an administrative hearing with the Department of Motor Vehicles (DMV) within 10 days after your arrest. This DMV hearing relates to the automatic suspension of your driver's license even before you make your initial court appearance. Elia A. Naqvi does represent you at this hearing and can help you apply for a restricted license if necessary.

It is important to schedule a DMV hearing in a timely manner or your license will be revoked without a review hearing. 

If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing if the suspension or revocation is set aside after the administrative review.  

Your driver license will be returned to you at the end of the suspension or revocation, provided you pay a $125 reissue fee to the DMV and you file proof of financial responsibility. If DMV holds there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.

If the DMV officer holds that there is justification for the suspension of your license then your license will be suspended for a 4 months period for your first DUI offense. For second or more offenses within 10 years, it will result in a 1 year suspension of your license.