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.
Why I Do What I Do
Why am I a dui lawyer? I am here to fight for the little guy, to challenge the status quo, to stand up to big brother, to confront the wrongful conduct of the government, to ensure your Miranda right were honored, to question the validity of the arrest, to ensure that your constitutional rights were not violated, to prove that blood is flawed and breath science is quackery, that is why I do what I do.
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.
Affordable Payment Plans Available
Who do you want as your Attorney? The Master or the student? Patrick Silva has 18 years of DUI experience, he has been published in DUI reference books, he has spoken in front of 100's 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.
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.
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.
Have you been falsely charged with Domestic Violence
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.
Did I have to take the roadside breath test?
Hello this is Attorney Patrick Silva with another answer to one of your fequently asked questions. Many times I get asked, did I have to blow into the roadside breath test. That's governed by vehicle code 23612A1D. The test is completely voluntary, the officer should have told you it was voluntary and that you had the right to refuse that test. The is only two instances where you are required to take the roadside breath test. 1. If you are under the age of 21 and 2. If you are on probation for a prior DUI.
This is Attorney Patrick Silva, I hope this has helped you. Have a nice day.
Patrick J Silva
Silva & Silva
Attorneys At Law
* Victorville DUI Lawyer
* 19 Years of Highly Skilled DUI Experience!
* Well Known and Respected in the Victorville Courts!
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.
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 Belen
May 22, 2019
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.
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.
The breath machine is 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.
Imagine this story, I am sitting in my office and Mr. Z comes into my office to discuss his dui case. He tells me that he got this dui on a Saturday night after he was coming back from a Dodger game. Then I tell him the bad news, your a commercial driver and because of this dui you could lose your class A for 1 year. He has no idea that a dui on a Saturday night could end up destroying his truck driving career. Mr. Z tells me his wife does not work and if he loses his job they will be homeless since driving a truck is all he knows how to do. Long story short, I lose the DMV hearing but I overturn it with a legal maneuver in court which then overturns the 1 year license suspension. Thus, job saved!
The Greateat Lawyer Got my Dui Car crash case Dismissed
Posted by another happy client
July 18, 2016
Dr. Patrick Silvais 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 acrossDr. 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. Silvawent 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. Silvahad 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.
WHAT RECENT CLIENTS HAD TO SAY:
Another Great Result: April 2016: Johnnywas 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:http://www.beatmydui.com
Kevin was charged with a 2nd time dui claiming he was under the influence of marijuana while 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. http://www.beatmydui.com
3rd Dui in less than ten years BY CLIENT DANIEL N.
I was charged with a 3rd DUI in 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 myDMVhearing, 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 Silva handled 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 contactedAttorney Silvaand 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.
Pulled a rabbit out of his hat BY CLIENT JASMINE S.
I was charged with my firstDUI 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 Silvapulled a rabbit out of his hat, I don't know how he did it but I am beyond grateful!!
Just very blessed! BY CLIENT MARK M.
I was facing a 3rdDUIcharge, 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 3rdDUIcharge 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.
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 asuspended 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 theDMV 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 theDMV. 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 anotherDUI. Being a second time offender I had my doubts that I would beat these charges. Mr.Silvawas 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 Silva and 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 whenSilvatold 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 recommendPatrick Silva!!!!!
If you have been arrested for a DUI you have 2 fights on your hands. You will have to fight the DMV to save your license and you will have to fight the court because they are trying to punish you for the alleged DUI. In the event you lose your license I can show you how to get it back in the shortest time possible. Listen now on "How to Set Up Your Own DMV Hearing." We can also explain AUTO INSURANCE QUOTES DUI and help with DMV DRIVERS LICENSE ISSUES.
I teach other DUI Lawyers in San Bernardino County how to defend their cases. Do you want the Master or the student? I need details to be successful, Call 909-888-7992 to schedule an in-office review of your case. See my"Success Stories"atwww.pjsduilaw.comSee what others lawyers and clients say about my skills as aDUI Lawyer at AVVO.com.
I am competitive by nature, I love to win, and I strive to do my very best on each case Mr. Silva started representing those accused of DUI for nearly 17 years. We like to say we represent the "falsely" accused. As a 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 theCALIFORNIA DUI LAWYERS ASSOCIATIONwhich is a close knit membership of DUI Attorneys whose main goal is the representation of those accused of DUI. Patrick J. Silva is also a member ofNATIONAL COLLEGE FOR DUI DEFENSEwhich is compromised of the "best" dui attorneys in the nation.
Hire a Victorville DUI Lawyer from the Best Victorville 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 inStandardize Field Sobriety Tests (SFST).He has completed 24 hours of intense training under the guidelines set forth by theNational 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 Victorville DUI lawyer from the best 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 theHorizontal 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 Victorville 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 DMT breath 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 anationally-recognized firmlead by a highly experienced 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 Victorville, 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 aWestern State University College of Law Schoolgraduate and is on the Board of Directors of a multi-million dollar corporation. 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 theNational College for DUI Defense.If you have been arrested for a Dui in the Victorville Area, Call Us ASAP. We have won mant cases against the Victorville Police Dept.
WHAT TYPE OF CASES HAVE I HANDLED?
* DUI murder
* DUI felony
* DUI felony with (child endangerment)
* DUI 4th time
* DUI 3rd time
* DUI 2nd time
* DUI 1st time
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.
Mr Silva is one of only a few Lawyers who have a perfect five star review on Avvo and Google 4/4/2018
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's knowledge, 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 to Mr. Silva's office to discuss your legal matter.
Thomas Allsworth - Five Star Review from Google
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.
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.
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.
Been arrested for dui? if I handle your case I can promise 2 things, I am really really good at what I do, and I will work hard for you. "My name is David and when I got my 3rd DUI I hired Pat Silva to fight for me and he did! He got my 3rd DUI dropped, all I had to do was plead no contest to a few moving violations. I had a bac of .17 and he still got it dropped that's why I call him the specialist! " Judge said I was one of the bestDUI Lawyershe had seen in 30 years.
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.
How to shift the power from the district attorney to the defense attorney.
When you start any type of criminal case there is always an imbalance between the powers to be. On one hand you have the district attorney who start off with all the power and on the other hand you have the defense team who starts off with almost no power. Through proper planning and investigation of a criminal matter a well trained defense lawyer can shift those powers which ultimately can result in a successful resolution of your matter. In one case we had a felony matter, with a felony child endangerment charge along with reckless driving. Back when the case started we did a discovery request under penal code 1054 for specific documentation that would help our case. Six months later none of the documents, none of the videos had been produced. What we did next was filed a motion to produce also known a motion to compel under evidence code 1054. We served it upon the District Attorney and what this forced was an evidentiary hearing in front of the judge. We took it one step further, I subpoenaed the police officer who might have had all this information to be present at the hearing. At today’s hearing the officer never showed, which then allowed me to issue a bench warrant for his arrest if I so choose. And the District Attorney did not have any of the additional documents I had requested. We negotiated the matter and the end result my client had all her felony charges dismissed and she plead to a simple misdemeanor charge which will have no ramifications in her current life situations. Again there is no guarantee as to the out come of your case but this is what a well trained and well prepared criminal lawyer could achieve.
WHAT OTHER LAWYERS WON'T TELL YOU.
They are not dui specialist
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
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.
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.
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