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DUI Defense Stages2018-04-17T15:32:13+00:00


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DUI DEFENSE

DUI Stages

If you have been arrested for drunk driving, you must contact the DMV within 10 days to request a DMV hearing or you license will likely be suspended.

We can contact the DMV on your behalf and request a stay of the suspension and a hearing so you can continue to drive.

This is an action that is completely separate from the criminal case which is addressed in criminal court.

The DMV hearing is an excellent opportunity to examine and object to evidence which is against  you. This may including the police report, chain of custody; specifically any blood samples taken (if it was taken), lab reports, etc.  In addition, at this stage we can serve subpoenas to compel the appearance of specific individuals with documents or other evidence which the DMV won’t posses.

This evidence may include video of the stop and roadside interview, if such recordings exist; the police officers notes, logs and transport records; any video or audio recordings made at the police station; and any usage logs, maintenance and repair reports, and downloaded data for any machine used to test the breath. Again, this is a great opportunity to look for defects in the evidence. If you hire us, there is no need for you to attend the APS hearing.  In fact, we typically prefer our clients not to attend, as hearing officers are often skilled in eliciting damaging admissions from drivers.

The Arraignment is the first opportunity to actually see the formal document that the District Attorney’s office files in court when it accuses someone of a DUI. A great part of hiring us is that for a DUI, it isnt typically necessary for our clients to appear personally in court because we appear on your behalf.

The good news is that Plea bargaining can happen at any point in the DUI process after a defendant is charged. Specifically, we will be working on getting the case dismissed or charges reduced eatly on. If a plea is reached, a defendant will plead “no contest,” possibly to lesser charges, in return for a more lenient sentence than would have applied originally.

The possible deal we can reach for your will be based on examined evidence and the discovery which we conduct. Examples of things we will bring up to the District Attorney are breathalyzer machine records, investigating conditions that may have caused a false BAC reading, investigating technical defects in case and etc…

There is typically a Pretrial Hearing  30-90 days after the arraignment.  During this time we conduct our investigation and discovery regarding your case.

It is at this hearing that a lot of the negotiating is done to either get the charges reduced or dismissed. At this hearing your attorney will have one on one discussions with a District Attorney. There may be several of these hearings before the case progresses, or is dismissed.

Depending on what we find in our investigations, at this point we may file motions to suppress evidence (among other motions which may help the case).

If the case is not resolved in the PreTrial stage, then we will move to a trial. At trial, the prosecutor has the burden to prove beyond a reasonable doubt that you committed the crimes charge. We will challenge these theories, and will attempt to create some reasonable doubt as to whether you committed the crimes charged.

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Testimonials
Bobby Shamuilian was Hands Down the BEST attorney I have ever dealt with. He is an experienced and knowledgeable attorney, who is HONEST and not in it to try and rip you off for the money. His staff is professional and extremely pleasant. I have saved his number in my contacts and will call him if I am EVER in need of an attorney, I would also recommend him to anybody I know, he is an AMAZING attorney.
Annifred F.
An excellent and professional consultation followed by a successful win of my case.
Dan P.
Thank you Kirk. You guys are top notch. Kept me informed on everything that was going on with my case and I didn’t have to show up in court once. Got my case dismissed, now I can move on. I would recommend this law firm to anyone that wants a fair shake.
James
I had a difficult case that I was trying to fight from outside the state it was turned down twice. Once by the DA, and the second time by the judge, they continued to fight for me, and got the results I was looking for. They really do care about their clients and will not stop fighting till they get you the results you want.
Adrian A.
I couldn’t be happier with the service we received. From the very beginning I could tell that these lawyers knew a lot about DUI cases and throughout our court days they went above and beyond to make sure we were prepared for whatever might come our way. They definitely prepare you for the worst but get you the best. They covered every single base and we got an amazing outcome. I would recommend them any day.
Client
I want to thank Bobby, Kirk, and the entire staff. They recalled my warrant and got my case dismissed in no time. They answered my concerns and took me step by step in the process. I didn’t even have to appear in court. They represented me and took care of my case all the way. Thank you!!!
Suriel A.
I would like to thank Mr. Shamuilian and Mr. Tarman for helping me to get a good result for my case. They are very reliable people that kept things very professional. I recommend them strongly, they will help you tremendously. I was very lucky that I had the opportunity to work with such highly skilled people. You won’t regret hiring them, thanks again.
Bachir
Good attorneys are hard to find! Bobby Shamuilian actually represented me with my best interest at heart. He gave it his all and because of that my case is being dismissed today. This firm is most definitely the best one to have if you need a criminal attorney. God forbid I ever need a criminal defense attorney, I would not even consider anyone else to represent me. Absolutely an amazing attorney!!!!! THANK YOU!!!!
Christine
I had the pleasure of working with Kirk, and his office regarding my DUI case. I was originally charged with 2 felony counts (vehicle codes 23153A & 23153B). Kirk’s office was very professional and was able to negotiate with the District Attorney get my conviction reduced to a 1 count misdemeanor. Throughout the whole ordeal of two court dates, he and staff was available for any of my questions and concerns.
Tobias
Everyone in the office was helpful and professional. There was never a time when I thought they weren’t going to be there when we needed them. Their reputation and professionalism was the primary factor for using this law firm. Boy, were we impressed with all of the work they put into our case. Thank you to everyone in the office for always making us feel like we were your only clients!
Neckole S.
I found myself facing a DUI and scared to death. From the very start of the initial consultation, Attorneys Kirk Tarman and Bobby Shamuilian put me at ease. They handled my DMV Hearing and the court proceeding and truly fought for me. They were always attentive to my phone calls and emails, keeping me informed. They were able to get me a reduced charged so that I do not have a DUI on my record. I am so thankful to have retained them for my case.
Blaine
Got my case dropped from a felony to 2 misdemeanors to having everything dismissed. Justice has been served, nothing more I could ask for! Many thanks Patty, Kirk and Bobby!
Rod R.

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