A DUI lawyer versus a criminal defense lawyer, what’s the difference?

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A DUI lawyer versus a criminal defense lawyer, what’s the difference?

I find in talking to clients there is often confusion in making the distinction between a DUI lawyer and a criminal defense lawyer. In fact, a DUI lawyer is a criminal defense lawyer. A DUI is considered a criminal offense, either a misdemeanor or felony. Most of the time a misdemeanor, but it is a criminal offense that can result in a criminal record.

One distinction between a normal criminal case, and a DUI case, is that the person who is charged with driving under the influence, also must consider the consequences where the department of motor vehicles is concerned, and the possibility of having their license suspended or revoked. A typical criminal case does not involve the department of motor vehicles. Granted there may be other serious consequences, but the DMV is strictly a different government entity and has different consequences and falls under the purview of a DUI charge.

I brand myself as a DUI lawyer/ the DUI man, primarily because over the last almost 20 years that has been the primary area of my practice. And I am aware of the laws and changes in the laws and how the impact DUI cases. I am aware of the different procedures and rules concerning DMV hearings versus court hearings, Also I am involved daily in assisting people in keeping their driving privileges.

Conversely, a criminal defense lawyer typically deals with a wider scope of cases, ranging from assault and battery, robbery, embezzlement, and a host of other criminal offenses. Not that I wish to cast aspersions on capable criminal defense attorneys, but as the saying goes, a jack of all trades and a master of none. DUI cases have their own particular nuances where both the court and the DMV are concerned.

Unlike many other criminal cases DUI’s don’t involve what I consider the mental state that appears to be an element in most other criminal offenses. What I mean by this is simply, nobody wakes up in the morning and says, “I think I’m gonna get a DUI today.” However, people who rob, steal, plan to do harm to others, set out to do so and have the mental state or capacity or what we would refer to as a criminal mind. This criminal mind is lacking in a DUI case.

Typically, DUI’s happen for really only three reasons.

  • Number one, bad judgment. The defendant in this case felt fine, was responsible, drank water, waited a significant amount of time before getting in the car, but may have been slightly over the legal limit.
  •      Number two, the person is dealing with addiction. In this scenario, the person is dealing with a very bad substance abuse addiction problem. This is where we may see a person who has offended on multiple occasions because of suffering from an addiction. This is a defendant who needs help, not to be thrown into a hole or jail which would likely exacerbate the problem.
  •      Number three, bad arrests or bad cops. I firmly believe that there are many good police officers on the police force. However, there are always a few bad apples in any group. In this scenario the defendant may be charged or arrested unlawfully and it’s up to me to make certain that the rights that have been compromised are fought for and defended.

I am very passionate about the work that I do in assisting my clients. If you have a DUI problem you call the DUI man. The right tool for the right job. Nobody plans to get charged or arrested for a DUI, but if you were to be convicted of a DUI, it could have devastating long term effects on your life. To make matters worse, you have to contend with not one but two government entities……both the courts and the DMV! Don’t leave your future in the hands of an attorney who doesn’t practice DUI defense specifically.

I am exceptionally experienced in DUI Defense. As California’s Premier DUI lawyer, I take pride in fighting for and achieving excellent DUI results for our clients, while protecting their driver’s license and their futures!

Sometimes our client’s say it Better than us!!!!

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The DUI MAN, came though for me with expunging my record. I had 29 cases and he got every single one expunged and sealed. I must admit I wasn’t that optimistic at first, but he is the real deal. The price he charged was more than fair. Thank you so much Michael Bialys, aka The DUI MAN I can get a decent job again!

Were to Help! And we love to win!

Nobody plans to get charged or arrested for a DUI, but if you were to be convicted of a DUI, it could have devastating long term effects on your life. To make matters worse, you have to contend with not one but two government entities…..both the courts and the DMV! Don’t leave your future in the hands of an attorney who doesn’t practice DUI defense specifically.

I am exceptionally experienced in the area of DUI Defense. As California’s Premier DUI lawyer, I take pride in fighting for and achieving excellent DUI results for our clients, while protecting their driver’s license and their futures!

To Plea or Not to Plea….

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To Plea or not to Plea that is the question…

Before you walk into a courtroom, you should have a very clear understanding about the facts of your case, possibility of defenses and most importantly what evidence the District Attorney has to prove the case. If your attorney isn’t communicating these details to you walking in and simply entering a plea of guilty or no contest, which is the same thing as guilty does not serve you. Even if the case is provable a good attorney can have an effect on the sentence or punishment that you receive. I am not the type of lawyer that does what I classify as leading and pleading. For me and my team I want to make a difference in the outcome of the case. Whether it be lowering the charges, getting charges dismissed, lowering the penalties, the number of classes you may have to take, the fines you have to pay, the amount of time that you have to pay fines, and payment plans for fines to make them more manageable. These are just a few of the things that an attorney can do before you walk into a plea, and essentially an ambush.

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Nobody plans to get charged or arrested for a DUI, but if you were to be convicted of a DUI, it could have devastating long term effects on your life. To make matters worse, you have to contend with not one but two government entities…..both the courts and the DMV! Don’t leave your future in the hands of an attorney who doesn’t practice DUI defense specifically.

I am exceptionally experienced in the area of DUI Defense. As California’s Premier DUI lawyer, I take pride in fighting for and achieving excellent DUI results for our clients, while protecting their driver’s license and their futures!

CALL NOW FOR A FREE CONSULTATION!

Join the DUI Man Defense team and be part of the DUI MAN Difference.

Sometimes a Super Man Needs a DUI Man

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Not all DUI cases are created equal. The truth is is when defending a high-profile client there are certain considerations that have to be looked at. As California’s premier DUI defense attorney, I would want to scrutinize this case very closely because frankly speaking it’s going to be under the microscope. Knowing the nuances of any court is always puts us ahead of the game and we are very familiar with the nuances of the Yreka court and the system.

There’s some certain legal steps that have to happen quickly. Certainly, we want to contact the DMV to get that hearing scheduled immediately, which would also be our first best opportunity to review the police reports body cams, dash cams etc.

But as the attorney on this case, I would want to be very cautious and responsible as to how it would proceed. Are there good and righteous pretrial motions for example. Was the client’s targeted because he was high profile? How was the driving?  Was there enough probable cause to arrest?  Was the blood alcohol content exceptionally high or marginally over the legal limit?

I’ve had more than my share love cases including cases in the Yreka courthouse. There’s no question that this would be a media circus. One that in fact that particular community is not used to. In that scenario it’s up to the defense attorney to guard that client, Avoid unnecessary tabloid exposure and be very careful with how they handle the information on the case.

This is the type of case that separates the experienced attorney versus the newbie. This one separates the men from the boys. This client needs very adept and experienced counsel. He needs somebody that knows DUI defense cold!

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Nobody plans to get charged or arrested for a DUI, but if you were to be convicted of a DUI, it could have devastating long term effects on your life. To make matters worse, you have to contend with not one but two government entities…..both the courts and the DMV! Don’t leave your future in the hands of an attorney who doesn’t practice DUI defense specifically.

I am exceptionally experienced in the area of DUI Defense. As California’s Premier DUI lawyer, I take pride in fighting for and achieving excellent DUI results for our clients, while protecting their driver’s license and their futures!

Call the DUI MAN directly at (818) 666-3742 for a free consultation. I will protect your future.

THE DUI MAN DIFFERENCE

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Do you wanna keep driving? Do you wanna see if there’s a possibility of getting your case dismissed? Do you wanna suffer as little penalties as possible? Do you want to avoid the potential of jail time? Do you want to possibly lower or avoid fines and classes? If you answered yes to any of these questions, you need to call the DUI man because in these scenarios this is exactly the DUI man difference.

Over 20 years of experience I have kept people out of jail and prison. I have provided alternatives to those sentences. I have kept people driving. I have lowered their fines, lowered their penalties, I’ve even gotten their charges lowered and dismissed. And all of that is without a trial.

Me and my team have a 95% trial win rate. When we go to trial we fight to win. This comes with experience, knowing the law common knowing the defenses and not being afraid to use them. When you are my client you will know that I have fought for you. And that is the DUI man difference. Call now for a free consultation. Do not try to navigate this on your own both the courts and the DMV are not user-friendly.

 

818-984-2242 my CELL!

Michael Bialys Esq.

THE DUI MAN Teaches other Attorneys How it is done

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https://www.nacle.com/CLE/Courses/DUI-Defense-Mastering-Strategies-From-The-Experts-2683

When they start asking you to teach other attorneys, how its done , then you now can call yourself a Master. I bring this vast wealth and experience to all of my clients, and now you can take advantage that experience and passion for what I do. 

THE DUI MAN DIFFERENCE

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Do you wanna keep driving? Do you wanna see if there’s a possibility of getting your case dismissed? Do you wanna suffer as little penalties as possible? Do you want to avoid the potential of jail time? Do you want to possibly lower or avoid fines and classes? If you answered yes to any of these questions, you need to call the DUI man because in these scenarios this is exactly the DUI man difference.

Over 20 years of experience I have kept people out of jail and prison. I have provided alternatives to those sentences. I have kept people driving. I have lowered their fines, lowered their penalties, I’ve even gotten their charges lowered and dismissed. And all of that is without a trial.

Me and my team have a 95% trial win rate. When we go to trial we fight to win. This comes with experience, knowing the law common knowing the defenses and not being afraid to use them. When you are my client you will know that I have fought for you. And that is the DUI man difference. Call now for a free consultation. Do not try to navigate this on your own both the courts and the DMV are not user-friendly.

 

818-984-2242 my CELL!

Michael Bialys Esq.

Tis the Season!

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Merry Christmas. You are getting pulled over for a DUI. The truth of the matter is over the holiday season checkpoints and DUI arrests are up we do not encourage you to drink and drive but if you are pulled over you must cooperate with law enforcement you do not have to answer their questions. You do not have to do their field sobriety tests. The only thing you are required to do is give a blood or breath test after the point of arrest. Once again you can refuse to answer their questions, you can refuse to perform any field sobriety tests, but you must give a blood or breath test once you are arrested for DUI.

By kindly refusing their tests and their questions you allow your defense attorney to argue that there was no probable cause to arrest for a DUI. This is a particularly strong defense and a checkpoint situation when there is no observable bad driving.

 

Once again, we do not encourage you to drink and drive but these are some of the legal defenses that can be employed if you find yourself in that situation. 

Stay Safe and Happy Holidays

To Warrant or not to Warrant? That is the Question…

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The one thing you never want to have to contend with is getting a warrant for your arrest. I often see in my own practice where clients fail to complete their terms in a timely manner. This could mean nothing more than paying fines or costs by deadline dates. The truth is, as long as you’re working your way towards completing classes. or community service or fines the courts will almost always give you an extension. Again, if you’re making progress the courts are very respectful of that and will almost always allow you more time to complete whatever it is you need to complete. That is the good news.

 

There is, however, some not so good news. It’s more of a warning than anything else. Don’t ignore a warrant. Unfortunately, I see many clients who missed deadlines and just let it go. A warrant form the courts, like anything else, collects interest. If you’re stopped or pulled over for any reason, you can immediately be taken into custody. Police can show up at your door unannounced and arrest you. Typically, if you get up in front of a judge, he’s going to add more penalties for disregarding his orders or even just order straight jail time. All of this is avoidable. If you’re uncomfortable going into court let your attorney, go for you or at least with you. Procrastination in this situation is deadly call now if you’re interested in more information.

 

Nobody plans to get charged or arrested for a DUI, but if you were to be convicted of a DUI, it could have devastating long term effects on your life. To make matters worse, you have to contend with not one but two government entities…..both the courts and the DMV! Don’t leave your future in the hands of an attorney who doesn’t practice DUI defense specifically.

 

My firm and all of my associates are exceptionally experienced in the area of DUI Defense. As a veteran California DUI lawyer, I take pride in fighting for and achieving excellent DUI results for our clients, while protecting their driver’s license and their futures!

 

Call the DUI MAN directly at (818) 666-3742 for a free consultation. I will protect your future.

Expungement Court versus DMV

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    Often, we expunge people’s records. We have an incredible rate of success. It’s important to understand, however, what does it mean to expunge a record? When we expunge a criminal record, we are expunging it from the court record more specifically. The distinction is that this is not an expungement from the DMV record.

 

     The DMV is a separate entity and has its own method of keeping records. There is no legal instrument currently available to expunge a DMV record. Records drop off naturally after a period of time.  In the case of a DUI, it will stay on the record for DMV purposes for 10 years. The good news is, that typically a DMV record is not a public record, or something that can be obtained through normal channels, unless you are applying for a driving specific job or a s particular commercial class of license.

 

     Keeping that in mind, it’s important to take advantage of the expungement of the court record which is a public record. These public records typically can be obtained through standard background checks. For this reason, expungement still provides an excellent way of clearing the public record.

 

 

Nobody plans to get charged or arrested for a DUI, but if you were to be convicted of a DUI, it could have devastating long term effects on your life. To make matters worse, you have to contend with not one but two government entities…..both the courts and the DMV! Don’t leave your future in the hands of an attorney who doesn’t practice DUI defense specifically.

 

My firm and all of my associates are exceptionally experienced in the area of DUI Defense. As a veteran California DUI lawyer, I take pride in fighting for and achieving excellent DUI results for our clients, while protecting their driver’s license and their futures!

 

Call the DUI MAN directly at (818) 666-3742 for a free consultation. I will protect your future.