Vincent Tucci | Newport Beach's Premier DUI Attorney

Never underestimate the importance of hiring the right criminal defense lawyer to speak on your behalf and protect your reputation, livelihood and your ass.

https://youtu.be/x_P-0I6sAck

Proud to have been able to speak nationally on DUI via a webinar for a nationwide insurance carrier for attorneys. Grateful that I got paid for it during a pandemic as every little bit helps.

Finished my talk and Christopher Walken made his cameo Be the Lion. There’s already too many gazelles

Defendant unequivocally invoked Miranda by saying wanted to speak to an attorney because he would take responsibility for himself. (456) When asked by the interrogating detective whether he went into the trailer park on the night of the killing, defendant said I want to, speak to an attorney first, because I, take responsibility for me, but there’s other people that ... This was a clear invocation of defendant’s right to counsel. Although not required to, he explained why... he wanted counsel. This did not create an ambiguity and the detective erred by failing to honor defendant’s unambiguous request for counsel. Because defendant’s subsequent admissions were an important part of the prosecution’s case, his capital murder conviction was reversed. People v. Henderson ____ Cal.5th ____, ____ Cal.Rptr.3d ____, 2020 D.A.R. 7944 (2020) August 30, 2020 (S098318) See more

DUIDLA welcomes Gretchen Taylor (VA) and Vincent Tucci (CA) to the DUIDLA Board of Directors. Gretchen Lynch Taylor Vincent John Tucci

That’s a good boy

Appeared telephonically on a case set for Weds in Santa Clarita for military diversion. First one I did two years ago. Today we got the case dismissed for a US Marine. I love this job.

DMV Victory for my client. No suspension. No restriction. No ignition interlock device. No SR22. No DMV fees

https://www.latimes.com//prosecutors-strike-black-latino-j

"You have the right to remain silent." Few legal phrases are as well known as this one. Yet it did not exist until 54 years ago today when the U.S. Supreme Cour...t first announced it as a principle of American law in the landmark case of Miranda v. Arizona. The case came out of Phoenix, Arizona, and was decided by the nation's highest Court in 1966. It involved a young Mexican-American man named Ernesto Arturo Miranda who had been arrested in 1963 based on circumstantial evidence he had committed a kidnapping and rape. Mr. Miranda was brought to police headquarters in Phoenix for questioning. After a police lineup, officers led Mr. Miranda to think he had been positively identified. Then they interrogated him for two hours without telling him about his constitutional rights. Like defendants in many famous criminal cases, Mr. Miranda was unable to afford an attorney. So he had to deal with police without help from someone trained in the law, even though court-appointed lawyers later represented him in his trial and appeals. Mr. Miranda confessed to the crime. He soon was convicted and sentenced to Arizona prison. Troubled by the case, the U.S. Supreme Court decided to accept it for arguments. The issue centered around two parts of the U.S. Constitution. First, the Fifth Amendment says that people cannot be forced to be a witness against themselves. Second, the Sixth Amendment gives everyone the right to assistance by an attorney whenever they are accused of crimes. Chief Justice Earl Warren announced the decision in 1966 for a Court that split 5-to-4. To enforce the Constitution, Warren wrote, police must warn criminal suspects about the right to stay silent and the right to have a lawyer's help before interrogations begin. If police fail to give that warning, any confession they obtain from the suspect then can be challenged at trial or on appeal. The confession may be tossed out if the violation of rights by the police is a serious one. As a result, the Court threw out the confession and ordered a new trial for Mr. Miranda. Despite this victory, he again was convicted and sentenced at his new trial and remained in Arizona prison until 1972. The "Miranda warning" quickly entered popular culture. In 1967, an old radio and television drama called "Dragnet" was revived in a more up-to-date TV version. The star of the show Jack Webb quickly adopted the Miranda warning as one of the trademark phrases of his fictitious character, Sgt. Joe Friday. Millions of Americans who watched "Dragnet" learned to recite the Miranda warning from memory. So they came to accept it as a familiar and famous part of the law. Its fame turned Mr. Miranda himself into something of a folk legend. For a time after his release from prison, he helped support himself by autographing copies of the Miranda warning for a price, until his death in 1976.