California Criminal Law – Motorcycling Under the Influence
In California, an individual who drives a motorcycle while intoxicated or under the influence of drugs or alcohol will face the same proceedings that a person driving a car while under the influence will face. Therefore, a motorcyclist charged with DUI will have a case with the DMV as well as criminal court case. These cases should be handled by qualified drunk driving defense lawyers.
A motorcyclist must request a DMV Administrative Per Se Hearing within 10 days of being arrested. These 10 days include weekends and holidays. If the hearing is not requested, an automatic process of license suspension will be started by the Department of Motor Vehicles. At the DMV hearing, the DUI attorney will be given an opportunity to present evidence why there was no probable cause to make the stop in the first place, as well as evidence that would call into question the results of any chemical tests. The judge will decide based on the preponderance of the evidence whether the driver had a blood alcohol content of .08 percent or greater. If the judge finds that the driver’s BAC was indeed above the legal limit of .08 percent, the driver’s license will be suspended.
In criminal court, the motorcyclist will face the same punishments that are handed down in convictions for driving a car while drunk. Those punishments include jail time, fines, alcohol education classes, and alternative sentences. A prosecutor will present evidence of the chemical test results as well as expert witnesses to explain the results of the tests to the jury.
Police officers are trained to recognize certain signs of intoxication or impairment in a motorcycle driver. If a police officer notices these signs, he or she may stop the driver of a motorcycle. The signs of intoxication are things like drifting between lanes or trouble dismounting the motorcycle. It is unfortunate that short bikers may have trouble dismounting a motorcycle even if unimpaired. There are reasons besides intoxication why a rider might drift between lanes too. It is the job of a criminal defense attorney to illustrate to a jury that there is reasonable doubt as to whether a driver was intoxicated or whether the defendant was just a novice rider who is physically maladjusted to riding motorcycles.
When an officer notices either drifting or problems with the dismount, the rule is that there is a 50 percent chance that the rider is intoxicated. Of course, on the other hand, there is a 50 percent chance that something like rough terrain, wind, or nervousness is causing the driver to drift. There is also a 50 percent chance that there is an explanation other than alcohol or drugs why a driver is having trouble dismounting a motorcycle.
Other signs that police look for in an impaired motorcycle driver are trouble balancing once the motorcycle comes to a stop, late braking patterns, and wobbling wheels when the motorcycle is going around curves or turning corners. However, there are multiple explanations for these problems that are not related to alcohol. If a DUI attorney can illustrate that alternative causes were responsible for the so-called signs of intoxication in a motorcycle driver, there is a chance that the jury will find in favor of the defendant.
The American Trial Lawyers Association has named him one of the “Top 100 Trial Lawyers in California” each year since 2007. Los Angeles magazine has identified Darren as a “SuperLawyer” every year since 2010. Darren received an “AV Preeminent Rating” by Martindale-Hubbell (a peer review ranking that signals the highest level of professional excellence and ethics); a perfect 10.0 Rating by Avvo.com (an independent attorney ranking site), and many other accolades.