Who do you want as your attorney? The Master or the student? Patrick Silva has over 20 years of DUI experience, he has been published in DUI reference books, he has spoken in front of hundreds of attorneys at conferences, taught classes to lawyers on his secrets and strategies, and has a nationally listened to podcast dedicated to teaching other DUI lawyers how to win. (909)798-1500
I have my third violation on probation, what is going to happen?
Hello this is Attorney Patrick Silva with another answer to one of your fequently asked questions.
Had a recent questions regarding, I have my the third violation on probation whats going to happen? If you violate a first or second time usually the courts don't instill to much punishment, they just might give some additional work release, they might have you do some more community service pay a higher fine. On a third violation the judge is going to take alot harder look at why you are not doing what the court told you to do. i would recommed getting in comtact with the original attorney that help you and seeing what his recommendations might be because he'll have the best knowledge about the facts of your case. If you have some type of extenuating circumstances like you've been out of school, you've had a death or illness in the family, you have transportation problems or life is just throwing you alot of curve balls. The judge is willing to listen, just be honest explain yourself and don't delay, dont wait till 1, 2 or 3 years goes by get yourself on calender talk to the judge and explain the situation.
This Attorney Silva Have a Great Day.
I.M. (Riverside Courthouse) Nov. 2021
Old DUI Case 100% Completely Dismissed on a Speedy Trial Rights Violation.
C.M. (Banning) Nov. 2021
Judicial Diversion Granted under P.C. 1001.95 on a .11 Breath Case. Client will have case 100% Dismissed.
How do I beat a DMV APS Hearing?
Hello this Attorney Patrick Silva with another answer to a fequently asked questions. Recently we were asked. How do I beat a DMV ASP hearing? The DMV APS is a whole nother animal, it is an administrative process and the DMV only has to prove three elements against you. The officer had the right to pull you over, He had the right to arrest you, and your blood or breath came back at higher then .08. The DMV process is very technical it all relates title17 and a time line. your best chance it to speak with an attorney who specializes in DUI's. Hire that attorney who local with that particular DMV office that is going to be your best chance. Again the DMV APS hearing is a very technical matter, It level of proof is call preponderance of the evidence. When you went ot court and if you went to trial the burden is called beyond a resonable doubt. This is Attorney Patrick Silva Have a Great Day.
How does a breathalyzer on a car work?
WHAT TYPE OF GOOD PEOPLE HAVE RELIED ON MY DUI SKILLS IN THE PAST?
I have represented:
Real Estate Agents
Hard working men & women
"When your job is on the line"
I teach other DUI lawyers from San Bernardino and Riverside how to defend their cases. Who do you want working on your DUI case? The Masteror the student? In order for me to have my best chance at being successful on any DUI case I need details. This requires that you come into my office and let me learn about every detail of the events of that night. You will learn about the DUI Myths that the media perpetrates on society. Hiring a DUI Lawyer from the Best DUI Law Firm can make or break your DUI Defense.
Posted by Todd
August 4, 2019
Patrick Silva is absolutely amazing.!!!... he personally called me back within 30 minutes on a Sunday afternoon and completely put my mind at ease........!.. I had been absolutely distraught.. hadn't slept or eaten much for 10 days and had droped 20 pounds.... I had been talking to lawyers for days and getting no good results or answers to my questions....... I was really concerned about keeping my driver's license and had seen so many horror stories out there already.... one guy even wanted $500 just to send me some papers and wouldn't answer my questions directly.............. Patrick did answer my questions......... everything that I was concerned about ............he was very forthcoming and even gave me D M V phone numbers and all the information that I needed .........he was very kind and patient and I would absolutely recommend him to anyone and will in the future....who is going through this horrible ordeal.......... he is definitely the right man to contact for a DUI DWI problem......... he really knows his stuff in this field........... I can't say how much I appreciate him for putting me back on track.... if any of you out there are having the same problem.. this is definitely THE man to talk to...!..thank you so much Patrick. .
Posted by anonymous
June 20, 2019
I am a first time DUI offender and in the beginning I had no idea what I was supposed to do. I had received so many letters in my mailbox from lawyers trying to take on my case regarding my DUI. Patrick’s mail had stood out from 25 mails I would receive weekly. When I first met Patrick, it was on a Saturday, he made time for me on his day off. He helped ease my stress and told me not to worry about it, to go on living my life normally, that he would handle my case and appear on my behalf. That is exactly what I did, I did not stress one bit. Patrick had my complete trust and I knew he would fight for me. Patrick is truly a live savior, he is professional, experienced and a great lawyer. His assistant is amazing as well, whenever I had questions regarding my case she was quick to pull my file and keep me updated. Patrick got me off on a wet reckless, 25hrs of community service, and DUI classes. I would highly recommend him to anyone who is in the same shoes I am.
Thank you Patrick Silva
I have a prior wet and reckless from 2014 and I was arrested.....
Hello this Attorney Patrick Silva with another answer to one of your frequently asked questions. Recently I was asked If I have a prior wet and reckless from 2014, was just arrested for a DUI will this count as a second or a first. A wet and reckless is lawyer talk for vehicel code 23103.5 and in essense it's driving with alcohol in your system, it's not up to the level of driving under the influence or impaired as a DUI, but in a reckless manner. If you get a subsequent or later DUI that wet and reckless then morphs itself to a priorable offense. That means that this wet and reckless will be treated as if is a DUI and any subsequent DUI after that fact will be a second of third depending on your fact pattern. Hope that answers your question. This is Attorney Patrick Silva Have a Nice Day.
Mr Silva has been recognized and awarded by the California DUI Lawyers Association for his hardwork and dedication to Dui Law Defense. The C.D.L.A. has chosen him as the 2019 Recipient of the Prestigious Presidents Award.
WHAT OTHER LAWYERS WON'T TELL YOU.
They do not specialize in dui's
They do not teach other lawyers dui defense
They have never done a dui trial
They have never won a dui trial
They have never won a dui Serna Motion
They have never won a dui Motion to Strike
They have never won a dui Motion to Suppress
They are not NHTSA trained in FST's
They are not trained on the Datamaster DMT breath machine.
They do not have over 300 dui scientific articles
ANOTHER WIN! May 2016: K.V. was accused of DUI marijuana, accused of crashing his father's car on the freeway, to being the driver, to recent marijuana use, accused of failing all of the FST, accused of having Clonazapan is his system, RESULT: We took this case to trial and thru great effort we were able to convince 12 jurors that K.V. was NOT GUILTY!
Another Great Result: April 2016: Johnny was accused of a 2nd time dui with a BAC of .14. We filed a Motion to Suppress under Penal Code 1538.5 believing that the officer did not have probable cause to stop Johnny based on an anonymous person calling 911 and alleging Johnny was dui. RESULT: CASE DISMISSED.
More Success on a 2nd Time DUI:
Kevin was charged with a 2nd time dui claiming he was under the influence of marijuanawhile still on probation for his first dui. We fought the case all the way to trial and at trial readiness the DA dismissed the charges. Kevin ultimately pled to 2 traffic infractions. This result was due to our ability to fight for our clients and Kevin's willingness and belief in his innocence.
This is what Kevin had to say: "Awesome lawyer, got me off the hook; Mr. Silva was fighting for my second dui which I was not going to accept eventually got my case dismissed with a infraction.
He takes the time to explain the situation for you and will answer your calls anytime you have any questions I used him because of his high reviews and it was worth it I highly recommend him if you are in the Southern California area."
Another 3rd Time DUI Dismissed:
Bre was charged with a 3rd time dui involving an accident which totaled the car and charged with a violation of probation from her 2nd dui which was less than a year old. Her BAC was an alleged .18. Initially, the DA wanted Bre to plead guilty to the dui, plead guilty to driving on a suspended license, complete 180 days of county jail which 90 of those days were to be done "straight time", pay the standard fines and fees, and do the 18 month dui class. We set the case for trial, filed our motions in limine, filed our trial brief, and filed a Harris Motion. RESULT before trial: All dui charges dismissed, NO JAIL TIME, no community service, no work release, NO fine. She pled no contest to a vehicle code violation under 23103/23103.5. She only had to do the 9 month dui class and not the 18 month dui class. And finally, she did not suffer any additional punishment for the potential probation violation on her 2nd dui.
Just very blessed! by a happy client Mark M.
I was facing a 3rd DUI charge, 180 days in jail (at least) and severe fines...after Mr Silva did his due diligence, continuous homework on the entire charges, and realized what was at hand, he made magic happen. Let me back up though, from the beginning he really wanted to know about me, what I did for a living and what the goal was for me. He asked about every aspect of my family and how we could make this better for my entire situation. The desire to truly know what was going on with me and my family made it personal and made me realize he truly wanted the best for me...not because of what I did but because he saw a greater good for what I was doing with my life.
Mr. Silva always showed on my behalf and kept me informed with everything that was going on, and made things clear...he also kept me at ease without every having to worry about a thing! I always felt he was very genuine and did exactly what he said he was...and he had my 3rd DUI charge reduced to my 1st, fines reduced and my jail time reduced by over 100 days! Ultimately, I couldn't be more happier with the outcome of my case and the overall experience with Patrick Silva. I would highly recommend Mr. Silva to anyone needing assistance with a DUI case.I am competitive by nature, I love to win, and I strive to do my very best on each case !
Pulled a rabbit out of his hat: by CLIENT JASMINE
I was charged with my first DUI and was not thinking about getting an attorney. I had planned on just handling it myself but then I came across Mr. Silva who seemed very helpful. I was almost certain I would get off with a "wet and reckless", but come to find out Mr. Silva got my DUI COMPLETELY dismissed. I couldn't believe the good news I had gotten. I am so grateful for his services, if it wasn't for him I wouldn't have been able to continue my journey to becoming a Registered Nurse. Patrick John Silva pulled a rabbit out of his hat, I don't know how he did it but I am beyond grateful!!
3rd Dui in less than ten years BY CLIENT DANIEL N.
I was charged with a 3rd DUIin ten years, driving on a suspended license, and violation of my summary probation. With a BAC of .14 and two previous DUI's within ten years, in two different counties, attorney Silva not only won my DMV hearing, but then proceeded to reduce a 3rd DUI in ten years charge, in Riverside County, down to a misdemeanor drunk in public with no violation of probation, no jail time, and a fine of 500 dollars. Attorney Silvahandled my case with the utmost professionalism and proposed an ambitious plan of attack. Attorney Silva advised that we go straight to trial and that he was confident he could beat this. Taking into account his decade plus years of experience in the field, I put my faith in Attorney Silva's judgment and expertise, and I ponied up for trial. A few weeks before the trial, the DA contacted Attorney Silva and Silva negotiated what we would plead to. If you are willing to step into the arena, Attorney Silva will champion your cause. In summation, Attorney Silva has the gumption and the expertise to secure you the best possible outcome of your case.
ROMERO G: was charged with an alleged .11 BAC after he was stopped for having no rear license plate. What made the negotiations even tougher was the fact Romero picked up a 14601 (driving on a suspended license) a few months after his dui. We aggressively fought the charges and on day of trial we got the dui DISMISSED as well as a DISMISSAL on the 14601 and the only thing he pled guilty to was a traffic infraction for not having a license plate on his car, and this was in a Riverside County Courthouse.
CARLOS Z: was charged with an alleged .21 dui after he was stopped for squealing his tires while doing a U-turn. We lost the DMV hearing which suspended his COMMERCIAL LICENSE for 1 year. We filed a motion to suppress challenging the cop's reason for the stop. We were able to resolve the case by having Carlos plead to a wet/reckless BUT we had language in the plea bargain which overturned the dui suspension at the DMV. Instead of not being able to drive his big rig for a year and losing his job, we were able to get Carlos back in his truck in less than 2 months.
CASE DISMISSED- 2nd time offender
I was facing a DUI charge and a driving on a suspended license charge. Five years previous to these charges I had also been arrested for another DUI. Being a second time offender I had my doubts that I would beat these charges. Mr. Silva was able to answer any questions I had which really helped me get through this depressive situation and my anxiety. If convicted I would have lost my job, yet the DA still was not willing to negotiate any type of deal that would prevent me from losing my job. Mr. Silva really made me confident that we would win even with my record so I decided to put my faith and trust in Patrick Silvaand decided we would take my case to trial.
Mr. Silvaput a great amount of time and effort studying my case as well as the evidence they had against me. The man knows what he is doing because a week before my trial began the DA called him with a deal I couldn’t believe! Both my DUI charge and my driving on a suspended license charge were dismissed! Instead I was issued a ticket for no front license plate and all other charges were dropped! I was astonished and could not believe when Silva told me the great news! He even reimbursed me the expert fees I had paid in advance in order to retain the forensic toxicologist experts in case we went through trial. Patrick Silva is a very intelligent, honest attorney that you can trust and rely on getting you out of trouble! I highly recommend Patrick Silva!!!!!
Mr. Silva started representing those accused of DUI for nearly 19 years. We like to say we represent the "falsely" accused. As a Riverside DUI lawyer who focuses drunk driving defenses he knows the DUI facts and how to dispel the Drunk Driving Myths. He is a member of the CALIFORNIA DUI LAWYERS ASSOCIATION which is a close knit membership of DUI Attorneys whose main goal is the representation of those accused of DUI in Riverside Ca. Patrick J. Silva is also a member of NATIONAL COLLEGE FOR DUI DEFENSE which is compromised of the "best" dui attorneys in the nation.
Hire a Riverside DUI Lawyer from the Best Riverside DUI Law Firm and get the DUI facts about the Drunk Driving Myths. Attorney Patrick J. Silva has focused his law practice defending those who have been accused of driving under the influence. We represent good folks both in the criminal court system and in the DMV proceedings. Mr. Silva is certified in Standardize Field Sobriety Tests (SFST). He has completed 24 hours of intense training under the guidelines set forth by the National Highway Traffic Safety Administration (NHTSA). It is "only" with this specialized training that allows an attorney to effectively cross examine a police officer on the stand about how he "screwed" up when he was giving you the test. Hire a Riverside DUI lawyer from the best Riverside DUI law firm and get the dui facts about the drunk driving myths. A quick story, the other day I was in a DMV hearing and I was cross examining the officer. Some of the highlights made me almost laugh outload. The officer could not identify the 3 SFST. As you read this you probably already know that they are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and the One Leg Stand (OLS). As we went through the cross examination the officer could not identify the 3 validating clues in the HGN, he did not know how many clues were needed to believe that my client might have been over a .08. The Officer did not know the 8 clues associated with the WAT, in fact he made up other clues as he went along. I did finally start to smurk as he failed to understand the OLS or the 4 clues associated with that test.
Hire a Riverside DUI Lawyer from the best dui law firm and get the dui facts about the drunk driving myths. What was really funny was that 2 weeks after the officer arrested my client he went to a SFST class. This was when my cross really got interesting. As we went through his failures in giving the SFST he had to agree that he gave the SFST wrong on several, several occasions. I also have over 15 hours of training on the Datamaster DMTbreath machine. I am the owner of the Alcosensor IV PAS breath machine which is the most widely used roadside breath tester in So. Cal.
We are a nationally-recognized firm lead by a highly experiencedRiverside DUI Lawyer. We are not former prosecutors and am proud to say we never sought to prosecute somebody just to receive a paycheck. The Law Offices of Patrick J. Silva serves clients from offices in Los Angeles, Orange County, Riverside, San Bernardino and all of Riverside County, California. We are supported by a former law enforcement officer who conducts our in-field interviews, and a former California DMV license suspension hearing officer. We specialize in representing those clients charged with misdemeanor or felony drunk driving (driving under the influence of alcohol or driving under the influence of marijuana or drugs) and the associated DMV license suspension.
Nationally-known and recognized by other dui attorneys across the United States, Mr. Silva is a Western State University College of Law School graduate. Mr. Silva is active in teaching other lawyers this highly specialized field of DUI defense. Mr. Silva teaches other lawyers blood alcohol science, breath science, field sobriety test, legal motion writing, and trial defense. . His is a member of the California DUI Lawyers Association and the National College for DUI Defense. If you get a Dui in the Riverside area, Call Us ASAP. We have won many cases against the Riverside Police Dept.
This story is about Tony.
When Tony first came to me he was telling me the story about the cops stopping him for speeding, not having tags and how he failed all the field sobriety test. Tony’s breath results came back close a .09. When I got the dash camera from the CHP vehicle I noticed something interesting. The officers radar was utilized on a downward slope which according to CHP experts can produce a false radar reading. What I then did is I took the dash camera and I looked at certain points on the video, in this case a couple streets. From street A to Street B I measured the feet using google maps and the distance measuring device they have on there. What I then did was I took the number of feet traveled between the two streets divided by the number of seconds it took to travel that distance, I multiplied it by 36 hundred which is the number of seconds in an hour and then I divided it by 5280 which is the number off feet in a mile. That gave me his miles per hour. What I concluded was Tony was traveling about 39 miles an hour in a 45 mile an hour zone. What I then did was file a motion to suppress penal code 1538.5 at the hearing the district attorney realized we where correct in our speed estimation and were able to dismiss the Dui charges after Tony took a no contest plea to reckless driving, he paid a $260 dollar fine, he did no DMV classes, he didn’t do any community service, he didn’t have his license taken away and the end of the day this was a good result for hard working young man.
Good morning. This is Attorney Patrick Silva coming at you from DUI TV. I'm going to talk to you probably about the number one question that I get, "Should I hire an attorney and spend all this money or just plead guilty?" When I hear that question, what's going through that person's mind is, "What if I spent all this money on an attorney and it ends up being a DUI anyway?" Well, here's what you have to think of.
If you go in and plead guilty, you're going to be guilty 100%. If you go in and say, "Let me hire a lawyer to fight this," then you will be not guilty for who knows the entire period, or there might be something that works out. So let me give you a couple of examples.
Some of my best cases have been cases that came in and looked, for lack of a better term, the crappiest. So had a friend of a friend come in and he actually came in and he goes, "Mr. Silva, I want to hire you to go to court and plead me guilty." And I go, "What?" We'll call him Daniel. I said, "Daniel, you could go do that by yourself. You don't need to hire a lawyer. Just go down there and tell the judge." He goes, "Nah, me and judges don't get along." So Daniel's a little bit of a homeboy, had some problems. Now Daniel's case sounded pretty awful. DUI, his blood alcohol ended up being a 0.20, he was under 21, that means he loses his license for a year, and he crashed his car. He's a friend of a friend, so I literally charged him nothing.
And I went into court and I got the police report and I was, "Well, I can't plead this guy guilty." I said, "There's something to work with here." So what did I do? I ended up doing the DMV hearing. I subpoenaed the cop to the DMV hearing. The cop comes in, tells the story what happened and it doesn't match the report. Lo and behold, the issue was lack of probable cause. What happened in Daniel's case, I got the DMV set aside. That means overturned. It means I won. That means he didn't get a years' suspension. Then what I did is I took that entire DMV hearing, had the audio tape transcribed, and then presented it to the DA. And I said, basically, "Here. Here's your case. You got an ugly case. Especially when the cops admitted to speculation and hunches." And that just goes to a bunch of what we call case law. You can't suspect somebody on a hunch or a speculation.
So I ended up getting it thrown out. That's just one of dozens. If you go to my website and just look up my success stories, or you go to a avo.com and type in my name and look at my success stories, you're going to see a ton of cases that we've got dismissed.
So the short answer is whether you're going to plead guilty or not guilty, and whether you're going to hire an attorney, all depends on you. Do you want to take the chance to hire a lawyer to fight your case? And basically a guy like me, who just does 99% of his work is DUIs, we look under every rock. We know every point of attack, from the time that they stopped you, to the time that they gave you the field sobriety test, to the time they had you blown into roadside breath test, to this time you did a blood test. I know all the attacks that helped me win a case, get it dismissed or get it reduced.
That was a long winded answer to probably the number one question I get, "Should I hire a lawyer or should I just go plead guilty?" You've got to take into your financial accounts too. A lawyer's not going to be cheap and especially if you hire a good lawyer like myself, it's expensive. That's truth be told. You're going to spend a lot of money. At the end of the day, it might be the same as saying, "I'm guilty." But guess what? You still got, we'll call it option number four, because if you don't like what has happened so far in the case, we can always put it before 12 people sitting in the jury and let them decide. And I've won a lot of cases that way. I've had a lot of cases dismissed that way.
You got to think of a case as a big, lack of better term, it's a chess match. And I'll give you an example. I just had a case, it was a blood alcohol .10, cop stopped him and we set it for trial. That means I went to court six days in a row waiting for a courtroom. Finally got a courtroom. I get a courtroom, we'd go out to the courtroom and we do these things called motion eliminates. That's me kicking out evidence. I kicked out the evidence I wanted and I'm literally on the side of the mountain at 6:00 PM that night and my phone rings. And I race mountain bikes, so I'm out there training. The DA calls me. He says, "Hey Pat, my boss wants to settle." I said, "Oh yeah?" He goes, "Well, your guy take a wet and reckless."
Now wet and reckless is a fancy term for reckless driving with alcohol in your system. It's just not a DUI. I said, "No, he's not going to take that." I call my client, relay and he goes, "No, but I'll take a dry." I called back the DA, he calls his boss, he calls me back. It's done for dry. I'd beat the DMV on this one, and no DUI. My client wants to be a cop. So he ended up being a cop. And not only that, he's going to be a good cop, because now he's experienced the other side of the coin.
So this is Attorney Sylvia. Have a great day. Bye.
Will I face jail time for a DUI in California?
Hello this is Attorney Patrick Silva with another answer to one of your fequently asked questions. Recently I was asked, Will I face jail time for a DUI in California? If you have been arrested for a DUI there is levels of exposure, on a first time DUI the maximum time that the judge can sentence you too jail is six months. On a second or third it is up to a year, on a forth it could be has many as 3 year in state prison. However the normal course on a first time DUI is that you are looking at some type of punishment, a fine, a DUI class and possibly jail time. Usually you can convert the jail time to community service, work release or even house arrest. I think in reality I do see you spending time in jail, but either you will be on house arrest, commuinty service pick up trash on the weekends or possibly sitting in jail on the wekends only, Based on your situation. I hope that's answered your question. This is Patrick Silva Have A Nice Day.
Hello, this is Attorney Patrick Silva with another answer to one of your frequently asked questions. Recently someone asked us, "I got a DUI in my Toyota Prius just as a regular class C. Now I have a job opportunity to get a class B. Can I get my license?" And it only happened five months ago.
Here's the problem. You pled to a DUI, so that puts any chance of a class A or a class B one year in deferment, which means you can't get it until one year after conviction. So the short answer is no. You got to wait one year. Even though you got it on your Toyota Prius and you didn't get it in a truck or a class B vehicle, you still have to wait one year. Be aware, if you ever get another DUI, you will lose your class A for life, and you'll lose your class B for life, regardless if you get it in a truck or on a Saturday night leaving Dodger Stadium in your Toyota pickup.
This is Attorney Patrick Silva. Have a great day.
Did I have to take the road side breath test?
Good morning. Attorney Patrick Silva here with DUI TV.
I'm going to answer a question that if you've been charged with a DUI, you want to know. How do I hire a lawyer? What that translates to is, "How do I choose the right one?"
Now, there's lawyers that do different types of law. You have some lawyers that do bankruptcies. You have some lawyers that just do divorces, some lawyers that just do probate, wills and trust, some lawyers that do family law, some lawyers that do car wrecks, some lawyers just sue doctors, some lawyers that do criminal defense like robbery, rape, mayhem, assault, domestic violence, and then some lawyers like me, that 99% of my work is just the DUI defense.
So you want to look at ... let's look at a couple things. How long has the lawyer been practicing? I myself, as of this recording, I think I'm starting my 17th year. I just finished my 17th year as a lawyer. Been doing DUIs this entire time. So you want to look at the length of time. You don't have a brand new puppy lawyer in there representing your case.
Now you want to look at, well, what type of law does this lawyer do? Well, if the lawyer specializes and just focuses on one type of law, you've got a better chance that this guy's going to know what he's doing or this girl's going to know what they're doing.
Then you want to look at, well, how well-known as this attorney? Do other attorneys look up to him? I can give you an example what I've done. I've been lucky enough where I've spoken in front of the California DUI Lawyers Association where I had 125, 130 attorneys in the audience listening to me talk about tricks of my trade that have helped me be a good DUI lawyer and helped me win cases. So that's one way that you're looking at.
And then you can look at their reviews. Go online. If you type my name into Avvo, avvo.com, do a search on me and you'll see what I think 70 plus of my clients say about me. Knock on wood, I've been blessed with all five stars. I work hard for my clients. So let's actually ... another aspect we could talk about. You want to hire a lawyer and you think, "Should I hire?" And then I get this question a lot. Can you guarantee that I'm gonna beat this thing? Well, you know what? You're going to have some lawyers out there that guarantee the moon, and you know what? You're not talking to the lawyer. Talking to some salesperson and it's not the lawyer. When you call my office, you talk to myself, the lawyer or attorney Megan Silva, the other lawyer. We're a father daughter team.
When you call, you're going to get the right answer from the right attorney. So you're going to get a lot of information. So that's another thing. When you call, are you talking to the attorney or are you talking to the salesperson? And if somebody calls and says, "Well, can you guarantee I'll get off?" And you've got some attorneys or some salespeople that are going to guarantee that? Run for the hills. You know what? I can guarantee two things. I'm really, really good at what I do and I work hard for my clients and I'm real successful. Take a look at my track record.
Let's go into track records. I've seen some guys that advertise a thousand percent success rate. Well, I tell you what they do. You get two counts on your slip. 23152A, that's driving impaired. 23152B, that's over the legal limit. They plead you guilty to the over the legal limit, the driving impaired's automatically dismissed, so they count that as a success rate. If you want to plead guilty, you could go do that by yourself, but if you want somebody who's going to actually get into the nitty gritty of your case and try and beat it, you call somebody like me.
Our mindset, and this is what I truly believe, if you ask yourself a different question, you're gonna get a different answer. If you call an attorney and they're saying, "Hey, I could get you this, I could get to that, get you house arrest and no jail time and pay a fine," well, that's fine and dandy, but I don't ask myself that question. You come into my office for free consultation, I have you sit down, and my first question in my mind is, "How do I beat it?" If I can't beat it, then I ask myself, "How do I get it reduced," and if I can't get it reduced, then I ask myself, "Well, how do I just save my client's behind? Keep him out of jail?" So those are the questions I ask myself.
And guess what? Sometimes I ask the fourth question, "How do we win in trial?" And there's a lot of emotion that goes into a trial, both for the attorney because I'm very well vested in a trial. I'm there to win. My clients, they're emotionally invested because it's not an easy thing to do to sit there and have 12 to 14 people with the alternates judging you and you want to tell your side of the story. And sometimes I say, "Well, you know what? We don't have to prove anything." But that's another story for another video.
Morning. This is attorney Patrick Silva with an answer to another one of your frequently asked questions. Recently, somebody asked me, "On a DUI, do I have to post a bail or a bond?"
Well, let's talk about San Bernardino County. Then we'll talk about Riverside. Let's talk about the amounts. This is where the counties can differ vastly. San Bernardino County, on a second DUI, you could be asked to post a $50,000 bail. Riverside is a $5000 bail.
Now, 50, if you go to a bail agent, you're going to have to come up with 8%. So you've got to come up with five grand out of pocket. Riverside, 10% of five grand is $500. So you can see, different counties have different bail schedules.
If you actually go to the county's court site, go onto the Internet, you can actually type in their search engine "bail schedule" and you can see how much it is for your county.
Now you're saying, "Wait a minute. I'm in San Bernardino County. I got a third. They want 75 or the judge wants 100. What do I do?"
Well, this brings us to a new case recently that came down. It's Humphrey's. Basically, Humphrey talks about the ability to pay. So if you can only afford $300 and you're not a danger to society or any of the other factors in a bail hearing, that's going to be what your bail amount is, because I don't have five grand to put out on a $50,000 bail or I don't have eight grand.
Now, is there a way to backdoor staying out? Well, it just depends on the county, but let's talk about a case I had today. Bail was set at 100, so 50 on the second DUI case and 50 on the violation of probation case. That was last Thursday, and we came back today for a quasi-bail hearing. The judge recognized that, "Well, even if I take your claim in, he'll get out by 5:00 today, because it's just a misdemeanor, and the jails are a little bit overcrowded."
So what happened on today's case? We were able to basically keep my client out of jail. The initial schedule was 100, reduced down to zero. My client didn't have to lose eight to ten grand paying to a bail agent, and I kept him out.
So there's a lot going on with bail, especially when you get into the second and third range. If you get into felony land on a DUI, that's a whole 'nother story. That'll be a different webcast.
This is Attorney Patrick Silva. If you need a quick answer, give me a call, 909-798-1500. I'll answer anything, a quick five, ten minutes, not an issue, get you on your way. Have a great day. Bye.
(I RECEIVED THIS EMAIL FROM ANOTHER ATTORNEY)
Hi Patrick -
I made friends with the court reporter during my trial and we got to talking about DUIs. She has reported a lot of DUI cases. I asked her who, in her opinion, were some of thebest DUI defense attorneysshe has seen try DUI cases, and she saidPATRICK SILVA! Thought you might like to know this! Great job on your trial!
DUI and DMV question ?
Q. I got a DUI in January and I went to court but they said they are still waiting for the results so they rescheduled my court date. I went to the DMV because my license was already suspended before the DUI ( I didn’t know) and the DMV told me I needed a SR-22 and to pay my reissue fee and I will have my license back.
So I’m curious to know, since it is showing at the DMV that I have a DUI, does this automatically mean my blood results came back over 0.08 ?
I am trying to figure this out before I get a lawyer. What can a lawyer do for someone with a first DUI ? Expunge it ? Or somehow make it now show on my record? Or?
A. The blood results may or may not be ready. For violation dates on or after 1/1/2019, you may be eligible for a CDL before anything actually happens at DMV or in court. SB1046 is now the law and allows persons arrested for DUI to avoid any actual suspension time by getting an SR22, enrolling in a DUI school, putting a breath machine (IID) on their car and paying DMV fees.
If your license was suspended for some other reason you'd need to clear that problem up first.
Call DMV at (916) 657-6525 and confirm what you need to do.
A good DUI lawyer will help you understand what's happening and help guide you through the process. There isn't a way for attorneys to make guarantees about the outcome of a case without getting involved. Call a couple for a free case evaluation and you'll have a little more to go on.
Who is Patrick Silva DUI Specialist?
Hello this is Attorney Patrick Silva
You’re probably watching this video and saying who is this guy, should I hire him, do I even need a lawyer. Let me tell you after 17 years of doing DUI Defense I’m still passionate about winning for my clients. I love the battle in the courtroom . I am blessed, I have been able to rise to a level, all be the let’s call it the wise guy on top of the mountain. I am able to teach other lawyers the art of DUI Defense. I was very fortunate this year 2017 to speak in front of 100+ lawyer at the California DUI Lawyer Association at our Annual San Francisco Convention. I was able to teach them little tricks of the trade that have been winning me cases for years. You’re saying ok how can this guy help me, well let me tell you if you ask yourself a different question, you get a different answer. I ask myself when a client comes in how am I going to win this case. Other lawyers ask themselves what type of deal is the D.A. going to give me.. If I can’t win the case, I say ok if I can’t out right get a dismissal, how do I get it reduced. If I can’t get it reduced, then how do I keep my client out of jail and pay a fine.
There’s huge problems with the blood and breath testing that allegedly goes along with this, along with the Field Sobriety Test. Well let me give you a quick tutorial on the blood problems, the blood problems the use of a machine called gas chromatography here’s what happening in San Bernardino and Riverside County in San Bernardino County the use what’s called a single column gas chromatography the use something called the pack column within that machine. Here’s the kicker the American Board of Forensic Toxicology in 2014 says that a single column gas chromatography is not good enough to tell what the blood number is in your system, the same problem exist in Riverside at the Department of Justice, so both tines we are very successful attacking the blood on trail on that premiss. It’s like your old cell phone, are you still using a flip phone, No technology has risen. In California almost every other lab as gone away from the single column “not good enough” machine, now they are using double column. What about the breath, here ‘s the breath problem, breath is guessing what’s in your blood. If you blew a .10 in a breath machine, based on human physiology, just based on your body alone the variables of breath testing you could have been a .04 to a .11.
Field Sobriety Test is junk science. Field Sobriety Test if you are a ballerina great, but based on your body and age you can’t do them and here’s the kicker. In 1975 NHTSA commissioned a study, Dr Marcellina Burns did the study. She took 10 cops, 6 different test, 238 people and over the course of a year brought them in got some trunk, some not so drunk and with a little alcohol. The cops came in gave them the voodoo test, walk a line, stand on one foot and the cops had one question to answer hey is this person over the legal limit or under the limit that was it. But here is the kicker almost 20% of the people the cops said were definitely over the legal limit, had zero alcohol in there body. Let’s go to 1998 another study commissioned be NHTSA in that study the government says the performance on the Field Sobriety Test is not an indication of impairment for driving.
Give us a call at (909) 798-1500 I’ll give you a free consultation, I’ll analyze your case, Takes me about an hour. The facts are important that’s where I get my strength. We are located in Beautiful Downtown Redlands 205 E. State Street also know as Farmers Market Night every Thursday it is a great event. We have Restaurants, coffee, just come down and visit us. Make an appointment come see me if you want a real analysis from a real lawyer on your DUI problems. Patrick Silva (909) 798-1500
I was wondering if there was a way to stay out of jail, I was...
Hello this is Attorney Patrick Silva with another to one of your fequently asked questions. Recently we were asked, I was wondering is there a way to stay out of jail? I was involved in a DUI, I ended up pleading guilty, I did not do my classes or the victim impact panel. Those are called terms of your probation, when you plead guilty to your DUI you agreed to do certain conditions, most likely agreed to pay a fine, maybe some jail time, weekend work release, the SB38 or the AB541 Dui Class and maybe the victim impact panel. Those are your agreements almost like a contract between you and the court. However the court has the power over you. When you failed to do any of those then the court has the authority to punish you. They can punish you up to the maximum amout of jail time that your exposure was. On a first time DUI that would be six months on a second, third that would be a year. So can you stay out of jail that's a big generalized question I don't know, I don't think anybody knows until you get in the court. I would recommend going back to the Attorney who handled your DUI initially speaking to him he has best sence of the case.
This is Attorney Patrick Silva have a great day.
WHAT TYPE OF CASES HAVE I BEEN SUCCESSFUL ON?
* DUI Murder
* Dui Felony
* Dui with child endangerment
* Dui 4th time
* Dui 3rd time
* Dui 2nd time
* Dui 1st time
Posted by Melissa
January 14, 2019
Nobody wants an attorney, everyone needs an attorney. As I was laying down to sleep tonight thanking God above for all of my blessings Mr Silva popped into my head once again. This time I thought oh my gosh I still haven't given a review and I have intended to. My case has been over for over four months and yes I am still thankful. I can't say enough about him and his crew. I live in Texas and my offenses happened of course in California not knowing anyone for word-of-mouth by family or friends I was forced to find my attorney via website and alot of prayer. First thoughts were "so all these attorneys with awesome websites must be the ones who can't perform in court and need to boast" or vice versa "they don't necessarily suck but they're not good enough because they can't afford a good website" you get it. Here's your answer badass website badass attorney. Mr Silva review.. simple this guy is smart he knows exactly what he's doing he works very hard for you. Relentless to say the least he follows the law and he holds the law accountable. From the beginning to the end this guy is exceptional he's good at what he does believe it. I hired him for the drivers Court part of it and for the criminal court part. Mr Silva I'm sure would disagree and say that he was only doing his job but I win this one, he went above and beyond. Even though I paid him I feel like I owe this guy, Truly above and beyond. Honest, real, smart, compassionate, relentless, and did I mention smart. Thx Silva you da man!
This review is from a person who hired this attorney.
Have you been falsely charged with Domestic Violence?
Most Recent Success Stories
Felony DUI, Injured passenger. Result - Reduced to misdemeanor with 45 days of house arrest... E.L.
.03 BAC 1st time DUI after 1 year of court hearings case was dismissed under Penal Code 1001.80...
Patrick J. Silva
Silva & Silva
Attorneys at Law
19 years Serving Riverside and San Bernardino Courthouses
Highly recommend - professional and thorough - Patrick truly cared about helping me.
I carried out an extensive search throughout Southern California for the best attorney to handle my first and only DUI case. After countless attorney consultations and strategy sessions, I can say that Patrick is one of a kind.
Mr. Silva'sknowledge, passion, and professionalism are unique. He is a breath of fresh air in a field that is inundated with attorneys who are more interested in landing clients and refining their websites than they are with handling their client's legal issues.
Patrick's knowledge, energy, professionalism, ability, and intelligence separate him from the pack. Good luck with your search and I highly recommend reaching out toMr. Silva'soffice to discuss your legal matter.
Thomas Allsworth -
Five Star Review on Google
Just Another Typical Day in Court
What can a dui lawyer do that other attorneys can’t? Spot the nitty gritty legal issues that are hidden in a dui case. Over the last 2 days, I obtained a dismissal on a .10 BAC due to my motion to suppress based on an illegal stop by the officer. I reduced 10 days of jail and a 9 month dui class down to zero jail and a 4 month class on a .23 BAC. I also worked a deal out with the DA that would allow my client to save his immigration status. If your going to paint a masterpiece you hire Picasso not a house painter.
LASTEST CLIENT TESTIMONIAL
When I received mu DUI I reached out to another lawyer I knew and he referred me to Patrick Silva based on his experience and reputation in the legal community. I believed I had a case and after reviewing the details Mr. Silva felt strongly in supporting me as well. My case was dismissed after going to trial. It was a very stressful situation for me and Patrick went above my expectations throughout the entire process. I found Mr. Silvato be very ethical, honest, and professional. The trial process was tedious at times and Mr. Silva is extremely confident and knowledgeable which made me very relieved to watch him work on my behalf. The Judge, court room staff, and even the DA all showed great respect for him. To the jury he came across as an advocate for justice. Mr. Silva never made me feel like my case wasn't important. He was very responsive to my calls and kept me informed.I believe many attorneys will take your money, give you some weak advice, and get ready to move onto the next case, but Mr. Silva was extremely thorough and worked on the many details of my case until the very end. I was definitely happy he was on my side watching him work in the court room. I highly recommend Patrick Silva to anyone looking for an attorney and, although I don't plan on ever needing his services again, he would be my first call without hesitation. He's a worker and a fighter and has my respect for what he has done to help me and my family..
What can a highly skilled Dui Lawyerdo with a tough case?
My client R.V. was charged with a DUI, causing an accident, causing injury to a person, and charged with having a blood alcohol content of .20. He allegedly failed every field sobriety test that they give him. He failed the eye test, he failed the walk and turn, he failed the breathalyzer, and ultimately he was arrested. Under federal law on a case called Doggett and California Law a case called Serna I was successful in getting MR. R.V. case thrown out of court. His case was dismissed under penal code 1385. He did not take a plea deal, he did not plead to a lesser crime. He did not plead to a parking ticket. This a 100% straight out dismissal. Results like this only come through the hands of ahighly skilled Dui Attorney.
Thebreath machineis designed to capture air from the smallest air sacs in your lungs. One of the problems with breath testing is that the air that is actually tested may be from the upper airway. This can result in a false high reading.
Hello, this is attorney Patrick Silva with a very important topic today. We have people that fight for our country, they serve their country, they get deployed, they witness horrific events, they suffer emotional trauma, and for the longest time, they were not eligible for what's called military diversion, which would ultimately dismiss a case if it was a DUI. So if you had mental issues and you had panic attacks and you had issues and you happened to commit a crime or hit your spouse or loved one, they said, "Oh, that's good enough, we're going to put you in military diversion and give you a break, but not for DUI." Thank God that last year, I think it was August, Governor Brown signed a bill and it became law, and what it says is, "Hey, our military guys, if they suffer any of these issues that may be related to their service in the military, if it's a DUI, we're going to give them a break and let them go through rehab and ultimately get their case dismissed."
Yes, dismissed. So ultimately this is what happens. We prepare a package, it's a petition for military diversion. We go talk to the judge who handled military diversion, we get you into the military diversion program. You're going to go through extensive counseling. You're going to complete your AB541. You're not going to be drinking, you're going to take a urine test if you have to, and you complete the counseling and the goal is to have abstinence. And if you do this for a year, then the law says that your case can be dismissed. So yes, your case can be dismissed under military diversion. That's a very simplistic overall view of what happens, but believe me, it works. This is attorney Silva, hopefully this has been helpful information. Remember, anything I say is not a guarantee of what could happen on your case because every case is different. Attorney Silva, have a great day. Bye.
What to expect in our office meeting.
Surprise, Surprise, Surprise
Recently the California Dui Lawyers Association had there annual meeting up in San Francisco, I did not plan on attending this meeting because we were have a birthday party for Jordan that weekend.
About 2 weeks prior to the meeting I got a few texts from the president saying “hey you coming to the meeting,” I text back no not this year. A couple of days later he sent another text saying “hey you should really come,” I said hey sorry can’t do it this year. Well the meeting date came and on that particular day I happened to go out earlier in the morning for a training ride because I had a 100 mile race coming up, so I went did about 80 miles. When I got home I took a shower and then was kind of relaxing just trying to let my body recoup a little bit and then my phone started blowing up, I got about 4 or 5 text in a row. Well unbeknownst to me I was awarded what is called the California Dui Lawyer Association President’s Award because of my hard work and dedication to Dui Law Defense. I am both humbled and surprised to receive this prestigious award from my CDLA President Jeff Boll.
I have to say an attorney like Mr. silva is hard to find. he definitely knows what he's doing and does not beat around the bush like others. i can't explain how happy With the outcome of my case. He did an exceptional job and got me a better deal than what i expected. i am 100 percent pleased with his work and not to mention Their really nice staff and very helpful. it was an honor to have you as my lawyer and highly recommended! he's is totally worth every dollar! THANK YOU Mr. Silva for everything and to your wonderful team!
This review is from a person who hired this attorney.
The Greatest Lawyer Got my Dui Car crash case Dismissed
Posted by a client
July 18, 2016
Dr. Patrick Silva is the best in this line of work. He has mastered his craft. I got in a wreck while drinking and driving and I blew 1.5. On the scene cops found beers and they also had an eye witness from the crash scene. I did my research and came across Dr. Silva. I set up an appointment for free consultation. Dr. Silva gave me hope and helped me calm my anxiety. After talking with Dr. Silva I was confident he can get my case dismissed. He kept me updated on my case all the time. Anytime I had a question, he was always there to provide me with an answer. Dr. Silva went on all my court hearings for me and got my case dismissed. He really worked hard and put a lot of effort on the case. People around me used to tell me "lawyers just want the money and they don't anything for you". Dr. Silva proved all the people around me wrong. Because of Dr. Silva, I got to keep my job and have a clean record. Dr. Silva actually cares for his clients. I'm glad I made a right choice picking you for my case. Dr. Silva had that most knowledge out of all the other lawyers I consulted with. I'm very happy Dr. Silva’s hard work got my dui car crash with case 1.5 reading dismissed. Thank You so much Dr. Silva for getting my case dismissed.
ANOTHER RIVERSIDE WIN: R.G., .10 breath dui, cased dismissed on day of trial! ( saved his license and his job)
Good morning, attorney Patrick Silva here with another success story. This one happens to do with felony DUIs. Now, once you have one felony DUI and you pled guilty to that felony DUI, any subsequent DUI, even if you get pulled over for tinted window and you're a .08 or .07 guess what? The District Attorney's going to file that one as a felony also.
Now that's a general rule. There's ways to avoid that, but we're not going to talk about that. So here's a story. A friend of mine, very good friend of mine, known him for 30 years, calls me up and he says, "Hey, I got a friend, he needs some serious help on a DUI matter."
Now, this friend had caught a felony DUI umpteen years ago. It wasn't, let's say 15 years ago, and what happened that his passenger got a bloody nose. Well, he pled to a DUI because there was an accident felony, and then he went through a checkpoint and the second one was a felony. Now, the first time he went to jail, to prison for 16 months. The second time he went to prison for two years, and then he's rolling through a checkpoint and they filed that as a felony. Now he came to me and he was like, "Hey, just, you know, try to keep me out of jail long enough for me to get to pension age and I'll go do three years."
Well, that's not my style. What ended up happening is we ended up getting my client into drug court, drug treatment. He didn't have a drug problem, but he had an alcohol problem. I had a great DA and a great judge that said, "Yes, let him in." And what's going to happen is he's not going to do any prison time. So he's not doing prison. He's not doing jail time. He's not picking up trash on the weekend. He's going to do the 18-month class. He's going to pee in a bottle, take all these tests and get counseling and get help, but he's not going to prison. So ultimately that was a huge success.
One, it saved his job, saved hi family, saved his house. So it can be done with hard work, determination. And again, these are success stories. These are just illustrations of the results that happen because of the hard work I do. They're not a promise or a guarantee of what I might achieve in the future, because every case is different. If you want consultation, give us a call, 909-798-1500. Have a great day.
Dangers of Breath Testing? If you blow into a breath machine during the absorption phase your breath may be overestimated by 250 percent. This means that a .12 reading on the machine can actually be a .03 in your blood.
Affordable Payment Plans Available
Today I was able to save another job for a client. He is a trucker with a Class A License. This means if I lost either the DMV or the court hearing my client would be out of a job, lose his apt., and go on public assistance.
Well I beat the DMV and got his charges reduced to the point that it would not affect his license.
Result: I am smiling today.
DUI Trial Lawyers Academy Podcast
Welcome back to the DUI Trial Lawyers Academy. This podcast is brought to you by silvaandsilvalaw.com, great lawyers helping great people, and now, for your host, a sought-after speaker, avid mountain bike racer, and renowned DUI trial lawyer, Patrick Silva.
Welcome back to the DUI Trial Lawyers Academy. This is episode 002: Don't Get Mad, Get Even. How many times have you been in a trial, the officer takes a stand, looking crisp. He's got his uniform on, buttoned up, his medals on, his nice patrol hat underneath his arm, gun on his side. He walks up, and he raises his hand. The bailiff says, "Do you swear to tell the truth, the whole truth, nothing but the truth, so help you God?" "I do," as he looks over to the jurors and gives a smile, and through the course of your cross-examination, and you might've found this out before discovery. He says, "Well, yes, I've been the recipient of the Mothers Against Drunk Drivers award."
Now, at this point you're thinking, "This is good for me? It's as bad for me?" Of course, the DA, district attorney or the prosecutor, is trying to show that this guy is a very high-qualified DUI police officer. How about if we turn the tables on him, and we use that MADD award against him? Let's use the MADD award to show that the officer actually has a motive to arrest as many people as he can, whether he's right or whether he's wrong.
What follows are some questions that help us get to that point. "Officer Jones, tell us, how many different years have you received this MADD award?" From my perspective, the more the better because each year he goes back, he likes what he saw, he likes the way he feels. "Now, Officer Jones, tell me how many DUI arrests did you have to make an order to qualify for this MADD award?" The reason we're asking this question is we're trying to show that the officer has a set specific number of arrest, i.e., a quota that he needs to achieve in order to get back to that gala, that party known as the MADD award.
"Well, officer Jones, isn't it true that you need a minimum of 100 DUI arrests in order to receive the MADD award? Is that right?" This question we're just trying to tie him down to a specific number. If you talk to any of the DUI cops, they're going to tell you there's something called a double century. That's when they hit 200. Many of them shoot for that number, so they have a specific goal.
"Now, the year that you arrested my client, Jose Cuervo, you had 125 DUI arrest. Is that true? Out of those 125 DUI arrest, not everybody was actually over the legal limit, isn't that right?" What we're trying to establish here is that not everyone the cop arrested was actually DUI or driving impaired. Whether he admits this or not, it's going to help us tie it in for our closing argument, but listen to the answer that the officer gives you because from that answer, you can go a different direction and dive a little deeper into questioning.
"Well, Officer Jones, out of those 125 DUI arrest, was everybody driving impaired?" In those states that have a driving impaired statute, that's what we're focused on here. In California, we happen to have driving over the legal limit 0.08 and driving impaired to an appreciable degree. "Officer Jones, you made some DUI arrest where the person you arrested did not do any of the roadside breath test. Isn't that right?" What we're trying to establish here is that the officer had to make a judgment call and make an arrest when he did not know any numerical numbers of a breath test. The reason that this is important is that it's going to go to show that the officer can be wrong because not everyone that he arrested was over the legal limit.
How do I know this? Well, let's go through our discovery process. When I get a blood-run sheet, which tests my client's blood, I'll see approximately 36 other arrestees that had their blood tested that same night or within a night or two. Well, I see my client's blood number, whatever it is .1518, .20. Then I see a lot of other ones, .02, .04, .06, and then only testing for blood. There's no indication that those tests had a second run for drugs. I've seen .05s. That means they're arresting people that have a very, very low limit. What does that mean? Well, it means that they took them off the street, and then they let the district attorney deal with it, let the DA decide if they're going to file or not.
"Officer Jones, you actually arrested some of these folks on the conclusion that they were DUI because they failed the field sobriety tests. Isn't that right?" Why is this important? This question is important because when we get into a later cross-examination theme using the NHTSA manual as our basis to tie the officer down that he has to do the test right, we can go back and say, "Well, if he didn't do the test right, then his conclusion was wrong."
"Officer Jones in 2019, out of these hundred and 25 arrestees that you made, some of these folks were actually not over the legal limit, were they? Officer Jones, if you arrest a person, and their blood or breath comes back below a 0.08, does that mean you made a mistake?" You can expect that the officer's going to dance around this question. You have to be ready at this point because what he's going to say is that he had no indication that Jose Cuervo was over the legal limit, but what he's going to say is that he thought he was driving impaired, and he's going to try and use that as part of his basis for the arrest, his driving pattern, plus his conclusion that the person failed the field sobriety test.
You could follow it up with another interesting question. "Well, Officer, if Jose Cuervo was not over the limit, and your administration of the field sobriety tests were given incorrectly, would you still have a valid arrest?" Again, the officer will probably dance around this question and say he arrested him for his driving performance and the performance on the field sobriety test. Well, then you could follow up with another question.
"Well, Officer, if Jose Cuervo was not driving impaired to an appreciable degree, and your administration of the field sobriety tests were given incorrectly, would you still have a valid arrest?" What you've done is you've taken both attempts at the arrest, the 0.08 and bad driving, away from the officer. Then what you're going to do is you're going to go into section eight of page 13 of the NHTSA manual, and in essence, section eight, page 13 states that in order for the officer to rely on the clues that he sees, he needs to give the test correctly, he needs to use the correct clues to interpret, and if he doesn't, what he sees may be compromised. That's a big deal here.
Then we could hit the officer with a few shotgun questions. "Well, Officer, out of those 125 DUI arrest that you made for getting your MADD award, how many were not over the legal limit?" He's not going to know the answer, but the importance is getting the question because you're getting the question into the juror's mind. "How many were wrongfully arrested?" He's not going to know. "How many did you misinterpret the clues on?" He's not going to know. "How many did you jump to a conclusion on?" He won't know. "How many had physical defects that you misinterpreted as being impaired?" Again, listen to his reply. He might give you something that you can go down a different avenue and get a little deeper into the cross-examination.
Now, what about motive? We talked about motive. "Well, Officer, what type of award did you receive for MADD? Was it a plaque, a certificate? What exactly was it?" Right now, we're trying to show that he had a motive for hitting his 100, 200 DUI arrest. "Did you receive a free dinner? Did you like that? What did you eat? You had to travel. You went up to where? Sacramento? That's at least a five-hour drive. Did they put you up in the hotel? Did they comp your stay? Did they give you a gift certificate? Did you receive any money? Did you take your family? You actually felt good. It felt good to be recognized for the work you do. Tell me, Officer Jones, is it true that the more DUI arrest you make, the greater chance you have of getting something free from MADD?"
Again, folks, a lot of times, it's not going to be the answer that matters, but it's going to be the body language, his tone of voice, and the way he answers it's going to be important to the jurors. "Officer Jones, MADD gives this award based on the number of arrests, not on the number of successful convictions, right?" This question's going to be I'm going to say a home-run question because no matter what he says, you are definitely going into a deeper dive on the questioning because what's he going to say? "What? I don't know." He's not going to know how many convictions he's had.
"Officer Jones, so what you're telling us is that you get credit towards your MADD's arrest even when you make a bad arrest. Is that right?" Again, it's the question that matters. Officer Jones's MADD, an incentive to arrest every DUI suspect even if they're not legally DUI. The question matters. Follow up. See where he goes. "Officer Jones, well, did you like receiving the award for MADD? Did you like the dinner? Did you like the ceremony? Did it make you feel good? Did it make you feel special? Did you like the recognition?" You got to be careful here. He might come back with, "You know what? I like getting recognized for taking drunks off the road and making the streets safer." Be ready for a comeback on that.
"Well, officer Jones, we're in 2020. How many DUI arrest have you made this year to help you get a MADD award? Do you hope to get another MADD award, Officer Jones?" This question's important because, again, it just shows his mindset. "Would you like to get another free trip from MADD? Would you like to get more comp, like to feel good again, right? How would you feel if you received a MADD award that was based on one, two, or a dozen of your arrest where the defendant was never convicted of a DUI?" This is going to be a big question for you because no matter what he answers, you're going to have followup, so listen carefully.
"So what you're telling us, out of those 125, we don't know how many were never convicted, right?" Of course, he's going to say, "Right," "And you received recognition for doing a job based on bad arrest, faulty work, or whatever." Think we've all heard the saying "death by a thousand razor cuts." These are just a little bit of what goes into a good cross-examination. Listen to the officer's response.
If you like this information, please give me a five-star review. I look forward to the next podcast and get in the ring, put on the boxing gloves, and duke it out. Until next time, this is Attorney Patrick Silva, the DUI Trial Lawyers Academy. Have an awesome day.
Thank you for listening to the DUI Trial Lawyers Podcast, this episode brought to you by Silva and silvalaw.com.
Were my Miranda Rights violated?
Hello this is Attorney Patrick Silva here, with another answer to one of your frequently asked questions. Many times I'm asked, did the officer violate my Miranda rights. Under Miranda an officer is required to read you your Miranda rights when you are detained and when he asks you questions to which your answers would be incriminating. Let's think about it were you free to leave when he stopped you on the side of thwe road, No. Did he ask you one hundred questions about what you had done that night, Yes. My opinion is that the officer was required to read you your Miranda rights at that point in time.
This is Attorney Patrick Silva have a nice day.
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