Our firm is open and working during the current Pandemic. Our experienced, local attorneys are available by Skype, Zoom, phone call or email to help you today. Whenever you are contacted by law enforcement, or think you're in trouble, contact an aggressive Vista Criminal Defense Attorney for advice. Whether it is DUI, domestic violence or drug possession, embezzlement, sex crime, theft, fraud or innocent mistake, I'm criminal defense attorney Joel Bailey and I can help.
After more than 25 years of practicing criminal defense, all too often I see people who make mistakes and cooperate with the very people trying to build a case against them because of fear, coercion or uncertainty. Don't be confused, you have rights, but you have to exercise them. I can protect you and your rights. Call Bailey Criminal Defense, Inc., in Vista, California, at (760) 643-4025 or send me an e-mail to schedule your free initial consultation today.
After more than 25 years of practicing criminal defense, all too often I see people who make mistakes and cooperate with the very people trying to build a case against them because of fear, coercion or uncertainty. Don't be confused, you have rights, but you have to exercise them. I can protect you and your rights. Call Bailey Criminal Defense, Inc., in Vista, California, at (760) 643-4025 or send me an e-mail to schedule your free initial consultation today.
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Attorney Joel W. Bailey was born and raised in San Diego, California.
He graduated from La Jolla High School, and earned degrees in Psychology, Sociology and Political Science from UC Santa Barbara, as well as completing a semester at the Universidad de Madrid in Spain.
After undergraduate work, Mr. Bailey earned his Juris Doctorate Cum Laude from Western State University, and began practicing criminal defense, aggressively representing clients in San Diego, Orange, Los Angeles, Riverside and San Bernardino Counties.
He graduated from La Jolla High School, and earned degrees in Psychology, Sociology and Political Science from UC Santa Barbara, as well as completing a semester at the Universidad de Madrid in Spain.
After undergraduate work, Mr. Bailey earned his Juris Doctorate Cum Laude from Western State University, and began practicing criminal defense, aggressively representing clients in San Diego, Orange, Los Angeles, Riverside and San Bernardino Counties.
In California, if you are over 21 years old and arrested for a DUI, you normally will be charged with 23152(a) and (b) of the California Vehicle Code.
Also, upon arrest, the cop will take your California Driver's License, and issue a temporary license good for 30 days.
The (a) count prohibits Driving Under the influence of alcohol, drugs, or both alcohol and drugs.
No specific blood alcohol content need be proven for a conviction under this charge.
A San Diego prosecutor does not need to prove you were "falling down drunk" to convict someone of a DUI.
Also, upon arrest, the cop will take your California Driver's License, and issue a temporary license good for 30 days.
The (a) count prohibits Driving Under the influence of alcohol, drugs, or both alcohol and drugs.
No specific blood alcohol content need be proven for a conviction under this charge.
A San Diego prosecutor does not need to prove you were "falling down drunk" to convict someone of a DUI.
California is an "Implied Consent" state, meaning when you were issued a license, you agreed to provide a chemical sample of your blood or breath if lawfully arrested.
Failure to attempt and complete a valid chemical test (Blood, breath, or sometimes, urine) results in mandatory custody and loss of driving privileges for at least a year, with no restricted options available.
If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies.
If a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test.
Failure to attempt and complete a valid chemical test (Blood, breath, or sometimes, urine) results in mandatory custody and loss of driving privileges for at least a year, with no restricted options available.
If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies.
If a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test.
Diversion is a legal concept where someone charged with a criminal offense is "diverted" or sent outside the criminal justice system to address their problems, and if they comply with the court orders for a period of time (at least one and not more than two years) the matter will be dismissed.
Mental Health Diversion is available pre-plea only, and cannot be applied retroactively to cases already finalized.
The court is satisfied that the defendant suffers from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, .
Mental Health Diversion is available pre-plea only, and cannot be applied retroactively to cases already finalized.
The court is satisfied that the defendant suffers from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, .
In 1990, California adopted the "Administrative Per Se" (APS) program, authorizing the DMV to suspend the license upon arrest (Not Conviction) for a DUI.
This is an administrative action and is separate and independent from the court proceedings.
If stopped and arrested for a DUI, the law enforcement officer will issue a pink temporary license (DS-367) advising you that your privilege to drive will be suspended in thirty (30) days as a result of your arrest on suspicion of DUI (§13350 CVC et seq ).
This is an administrative action and is separate and independent from the court proceedings.
If stopped and arrested for a DUI, the law enforcement officer will issue a pink temporary license (DS-367) advising you that your privilege to drive will be suspended in thirty (30) days as a result of your arrest on suspicion of DUI (§13350 CVC et seq ).
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