The Law Office of Scott Levy

Fresno DUI Attorney Sorry guys, I am learning how to use the share feature : )

Fresno DUI Attorney

Today we beat a 1st time DUI on a PC 1538.5 (Motion to Suppress). The alleged probable cause was: 1) Speeding and 2) Breaking Tracking on a fast aggressive turn Upon the 1.5 hours of me directing/cross examining the police officer the cop admitted, that he "thought" the defendant was speeding but was not 100% sure. In fact, upon further cross he admitted he didn't know the speed limit and "your client could have been going the speed limit."... (Judge ruled insufficient probable cause) The second alleged probable cause was that my client allegedly broke traction with his tires. The judge said on the record that the cop's testimony was that my client broke traction but I vigorously argued with the judge saying that the cop never spoke those words. Sooooo, I paid to get a copy of the CD of the hearing and low and behold, the cop never said that and the judge just inferred that based on other factors. (Judge ruled insufficient probable cause) The other issue we won on was that the "consensual blood draw" was anything but consensual because the Officer admitted that he told my client if you don't give me a breath sample, I will conduct a forced blood draw. (Judge ruled, illegal blood draw) Result= Entire Case Dismissed! Every case is different and individual results may vary but this time, justice prevails. www.FresnoCountyDefense.com

http://www.youtube.com/watch?v=1zdNlQTUPJQ FresnoCountyDefense.com Stay tuned for the new videos. : )

USSC is to decide whether Officers can stop your vehicle based only on a 911 call of reckless driving without observing said driving. This should be good. : ) http://www.ktvu.com//us-supreme-decide-legality-chp/nbCNP/

Two Penal Code 1538.5's granted today for a 1st time DUI and a 2nd time DUI. (DUI's dismissed) Whoooosaw www.FresnoCountyDefense.com

I just found out today that I was nominated for one of 2013's "40 successful persons under 40" in Fresno County. Apparently there is a shindig downtown coming up. Kinda cool. : ) www.FresnoCountyDefense.com www.40u40.com

Awaiting another DUI DMV decision. Feeling extremely hopeful!! Today I had a DMV hearing where I argued that the Defendant's 4th Amendment rights were violated for being stopped without Probable Cause. The Defendant was stopped for failure to use his/her headlights, the Officer stopped the driver at 8:34 p.m. The California Vehicle Code states that all drivers must use their headlights 30 minutes after sunset. Well, the official sunset (according to a government website) on this particular day was at 8:08 p.m, so that shows that by 8:38 she must have been using her headlights.....that leaves us a 4 minute grace period. I am hoping for another dismissal. We shall see!!

I just got a set aside on a Refusal because the Police Officer informed my client that if he refused to give a breath or blood sample his license would be "suspended" However, the statute specifically states that the officer SHALL (aka must) inform the driver that if he refuses to give a sample that his license would be suspended for "1 year" Ya buddy! www.FresnoCountyDefense.com

Did you know that you can expunge your criminal record for under $150 through your local Superior Court?? Contact me and ill send you in the right direction. www.FresnoCountyDefense.com

Everyone have a safe and enjoyable weekend! Remember, if you find your self in trouble with the law.....exercise your right to remain silent and request an attorney immediately. If you have any questions about your rights, contact my office. www.FresnoCountyDefense.com

An Attorney's Job is never done. Today, after court my client calls me about a bill he got for "emergency response" fees regarding his DUI where the cops cited Government Code 53150. After explaining to the Police Sgt. that "emergency response" does not mean merely stopping someone and actually means "emergency response" he told me to call the Fresno City Attorney's Office. So, after 5 minutes on the phone with the City Attorney he agreed that they were using the Government C...ode incorrectly and he is going to see that said Police Department is more educated on the law. I have to admit that it feels good to win here and there! Whooosaw!! www.FresnoCountyDefense.com

Check out our recent results! www.fresnocountydefense.com (Individual results may vary)