How to Answer Deposition Questions Like a Politician in California

Any California trial litigation attorney can tell you, whether he or she practices in Indian Wells, Palm Springs or Palm Desert, San Diego, California, Orange County, CA, La Jolla, Del Mar, Laguna Beach, Newport Beach, Corona del Mar, Huntington Beach, Irvine, Santa Ana, Irvine, Ventura, Santa Barbara and San Luis Obispo, Ontario, Rancho Cucamonga, Temecula, Riverside, San Bernardino, the Coachella Valley, CA, La Quinta, Indio, Yucca Valley, or Joshua Tree, depositions can make or break your case. A good defense attorney can make even the calmest deponent nervous. And then there are some deponents who can drive a litigation lawyer nuts.Many times, clients want to know how to answer deposition questions. First of all, I tell my clients to answer truthfully. Then I advise clients not to watch how politicians answer questions. This is what can happen if a client ignores that advice.”You said to the policeman investigating the scene of the accident that you weren’t wearing a seat belt yet today you state that you were wearing one,” the defense attorney stated to my client.My client smiled sweetly at the news commentator, just like Sarah Palin did to Charles Gibson in her first television interview.”Would you care to explain this discrepancy?” the attorney asked. The attorney had introduced himself as Charles Johnson.”Well, Charlie, I believe everyone should wear seat belts when they are in a car.”Okay, but can you explain why you told the police officer at the scene that you weren’t wearing a seat belt?”My client smiled sweetly again, giving the attorney her best impression of a political candidate.”Charles, I believe in a woman’s choice, however I feel even more strongly about the sanctity of life.””You’re not going to answer the question, is that what you’re saying?” the attorney asked, looking over his own eyeglasses.”Well, I really think that there are much bigger issues to discuss,” the client answered, putting the attorney on the defensive.”Don’t you think it’s important for us to know if what you say now is different from what you said earlier?”My client looked directly at the attorney. “Charlie, I believe what is important here is that your client ran a red light.””Lets move on to the fact that you claim you never had a back injury before this accident.. How do you reconcile that with your treatment for back pain prior to this accident?””Charlie, as you know, you can have a visit to a doctor without it being for an injury. I have to say this type of questioning borders on being sexist.””Did you or didn’t you have treatment for a back condition prior to this accident?” the attorney said, raising his voice.”It’s not what you go to for a doctor, it’s what the doctor does for you, Charles, and when you realize that women are different from men, you’ll learn that women doctors do things differently than male doctors.””You’re refusing to answer my questions.””I’ve answered all of your questions,” my client said.”No,” the attorney said. “All you’ve done is give me stock answers to the questions you want me to give and not answer the questions I’m asking.” The opposing attorney turned to me and realized I hadn’t made a single objection.”Please, ask me your question, and I’ll be as honest as I can.””Is it true that this has been your third accident this year and that each time you’ve been rear ended.”My client smiled and the attorney asking the questions knew he would not be getting an answer to this one that he could use.”I believe that God has a plan for each of us and sometimes he tests our resolve.””That’s your answer?” the attorney asked. “You might as well be speaking in tongues right now.””God has a plan for all of us, Charles, even for you,” my client said.”If it’s to drive us nuts, it’s working,” the attorney said. “I’ll give you one last chance to answer a question. Did you cause this accident?””Charles, what may be interpreted as a cause could sometimes be otherwise viewed as simply trying to avoid the, you know, impossibly difficult or, trying to prevent that kind of thing, then again, even when you are driving carefully, these accidents…and this could be viewed as one of those situations. Does that answer your question?”Two hours later when the deposition had ended, the attorney was looking frazzled.”How did I do?” my client asked me after the deposition was over.I smiled sweetly like any good politician. “It’s not how well you did,” I said. “It’s how many psychiatric treatments that attorney is going to need before he is able to attempt another deposition.”Note – In California, refusing to answer questions can lead to having a motion filed against the party who refuses to answer deposition questions, and an imposition of a fine against the deponent or attorney who abuses the discovery process. Sadly, many deponents and attorneys in California abuse the deposition process when they think the other party’s attorney won’t take the time to file a motion to compel. An attempt to evade questions as a politician often does, or answering with stock answers instead of providing answers responsive to the questions is clearly improper. And politicians who answer questions in this manner are not setting a good example. On the other hand, some of Sarah Palin’s answers to questions put to her by Katie Couric, similar to this deponent’s last answer, were so incomprehensible it is hard to know how a judge might view answers such as hers.

In New Jersey, Breathalyzer Has Competition

In 2003, the state of New Jersey developed its own device for calculating alcohol content that was rumored to be more efficient than the standard breathalyzer. The Alcohol 7110 is being used in 17 of the states’ 21 counties to measure BAC, pioneered by DWI defense attorney Evan Levow. The device uses infrared absorption technology and cell analysis to measure the amount of ethanol in a breath sample. The instrument will give off a light sensor upon detection of alcohol on a person’s breath or clothes. There must be a total of 128 readings to indicate the presence of alcohol, and this is accomplished by measuring the amount of alveolar air, and how much of it appears to be intoxicating the individual. Upon evaluation, the 7110 prints a copy of the control test to ensure that the breath tests were correct when administered. It also includes the ambient air check, the flow rate of each breath sample, and the breath alcohol result which in order to not be charged with a serious DUI, must be the lowest of 4 readings, two IR and two IC.5 years later however, the negative affects of the 7110 are coming to light, including high breath temperatures that can distort blood alchol content measurements, thus resulting in inaccurate charges, and violation of the accused driver’s rights. Yet the state continues to rely on the 7110 as the breathalyzers become more outdated, and the demand for their spare parts has declined steadily since 2003. In contrast, certification for the Alcohol 7110 devices went into affect that year, and legal disputes were resolved in January 2006.The case has mad its way to the Supreme Court on more than one occasion, and the Supreme Court finally rules that the breath test evidence gathered from the 7110 test is admissable in court. On the other hands, police and other figures of authority are obligated by various safeguards, especially since drunk driving cases in New Jesey are reported to judges instead of juries, and there remains a prominent reliance on breath est results.

Changes in Qui Tam Whistleblower Cases Under the False Claims Act – A Review For Lawyers & Attorneys

The Patient Protection and Affordable Care Act of 2010 (“PPACA”) and the Healthcare and Education Reconciliation Act of 2010 (“HERA”) (collectively, the PPACA and HERA are referenced as the “Legislation”), passed in the spring of 2010, enacted sweeping changes to health care, including important changes to the federal False Claims Act that will affect prosecution of qui tam cases by the federal government, relators and whistleblowers. Health care fraud lawyers, attorneys and law firms and their clients must be aware of these significant changes in cases involving fraudulent claims against federal government healthcare programs such as Medicare, Medicaid and Tricare. Health care fraud defense attorneys will be disheartened, and federal government prosecutors, whistleblower lawyers and qui tam plaintiffs will be pleased, because these changes have lowered the bar for prosecutors and qui tam whistleblowers with respect to False Claims Act cases.The False Claims Act, 31 U.S.C. §§ 3729-3733 (the “FCA”), is an important tool used by the Department of Justice (“DOJ”), U.S. Attorney’s (“USAOs”) and private whistleblowers to bring civil prosecutions against those individuals and entities who perpetrate frauds upon the United States through false and fraudulent claims for payment. The FCA provides for treble damages and civil monetary penalties to be awarded to the federal government, and the qui tam whistleblower plaintiff, often called a “relator,” may recover up to 30% of the award, plus statutory attorney’s fees.The recent FCA amendments make it easier for whistleblowers to bring qui tam suits on behalf of the federal government by lowering the “public disclosure” standard. Prior to the amendments, a qui tam plaintiff who was not an original source was jurisdictionally barred from bringing an FCA suit if the fraudulent conduct of the defendant had been previously disclosed in the public domain through the media, federal, state or local reports, audits and investigations, or criminal, civil and administrative hearings and proceedings. For instance, in Graham County Soil & Water Conservation Dist. v. United States ex rel. Wilson, 130 S.Ct. 1396 (2010), the United States Supreme Court recently upheld the dismissal of an FCA claim for lack of jurisdiction based on prior public disclosure of fraud in California county’s audit reports. See United States ex rel. Gonzalez v. Planned Parenthood of Los Angeles, et al., Case No. 09-55010 (9th Cir. July 1, 2010).Under the amendments of the Legislation, publications deemed as public disclosures under the FCA are now more limited. They only include a federal criminal, civil and administrative hearing in which the government or its agent is a party, a congressional, Government Accounting Office (GAO) or other federal report, hearing, audit or investigation, or a disclosure in news media. See 31 U.S.C. § 3730(e)(4)(A). This means that state and local audits, reports, investigations and hearings, as well as litigation between private parties, can now be used as the sole source of information for an FCA suit for defrauding the federal government, and the Legislation has abrogated this part of the Graham County Soil & Water Conservation Dist. decision.The Legislation’s amendments also changed the jurisdictional nature of the public disclosure provisions. Before the new law was enacted, a violation of the public disclosure requirements of the FCA was a jurisdictional defect which could be raised by a party at any time or sua sponte by the court. Now, a qui tam whistleblower complaint which violates the public disclosure provision can be dismissed pursuant to a Rule 12(b)(6) motion, unless such dismissal is “opposed by the Government.” Id.The Legislation also amended the “original source” provisions of the FCA. Prior to the amendments, a whistleblowing relator who was an original source could bring an FCA suit regardless of whether there was a previous public disclosure. This meant that the whistleblower had to have “direct and independent knowledge” of the information on which the fraud allegations were based and had voluntarily provided the information to the Government before filing an FCA action which was based on the information. Under the Legislation, the “direct and independent knowledge” requirement has been eliminated, and an original source is an individual who voluntarily discloses the frauds to the government prior to a public disclosure or “has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions.” 31 U.S.C. § 3730(e)(4)(B). Therefore, as long as the qui tam whistleblower has information about the government frauds which are independent of publicly disclosed information, even if the qui tam whistleblower did not have “direct” information usually derived from personally witnessing the fraudulent conduct, an FCA suit may be pursued.By broadening the original source provisions and limiting the public disclosure provisions of the FCA, Congress has encouraged an increase in the filing of qui tam whistleblower lawsuits. While the change in the jurisdictional aspect of the public disclosure provisions ostensibly helps qui tam relators, it remains to be seen whether or not the government will develop a policy towards or against FCA suits in which Rule 12(b)(6) motions have been filed based upon prior public disclosures.The Medicare enforcement Anti-Kickback Statute (“AKS”) was amended to make violations thereof subject to the civil enforcement provisions of the FCA. 42 U.S.C. § 1320a-7b(g). This amendment was made to address a line of whistleblower cases which have held that kickbacks involving federal health care programs were not covered by the FCA under an implied certification theory. In an implied certification case, the whistleblower alleges liability of the defendant based upon the very act of submitting a claim for reimbursement because the defendant has impliedly certified compliance with governing federal rules that were a precondition to payment. Several courts had held that no FCA liability could attach under an implied certification theory involving kickbacks because neither the AKS statute nor regulation expressly stated that compliance was a precondition to Medicare or Medicaid payments. See United States ex rel. Hutcheson v. Blackstone Med., Inc., No. 06-11771-WGY, 2010 WL 938361 (D. Mass. Mar. 12, 2010). With this new Legislation, implied certification FCA whistleblower cases will likely become more prevalent.The Legislation also expanded the scope of “reverse false claims” under the FCA with respect to the retention of Medicare and Medicaid overpayments. In the 2009, Congress had previously eliminated the requirement of an affirmative false statement to the government for liability to attach in reverse false claims cases when it passed the Fraud Enforcement and Recovery Act (“FERA”). See 31 U.S.C. § 3729(a)(1)(G) (liability for a person who “knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government”). The amendments provide that Medicare and Medicaid overpayments become an actionable “obligation” under the FCA when the deadline for repayment expires. Such overpayments must be reported and returned to the federal government within 60 days of the later of the date the overpayment was identified or the date a corresponding cost report is due. This provision will likely lead to an explosion of reverse false claims actions.The Legislation creates potential FCA liability for private exchange insurers. The amendments establish private insurer “Exchanges” to provide individuals with options for the purchase of health insurance. If the private insurer’s exchange plans include any federal funding, then the payments made by, through, or in connection with the plan are subject to the FCA. However, there will be a significant delay in the implementation of this change because the effective date of this provision is January 1, 2014.In summary, the PPACA and the HERA made dramatic changes that will affect federal health care fraud whistleblower cases. The changes to the federal False Claims Act should result in easier prosecution of FCA qui tam whistleblower cases by the federal government, relators and whistleblowers. Health care fraud lawyers, attorneys and law firms and their clients should be aware of these significant changes in cases involving fraudulent claims against federal government healthcare programs such as Medicare, Medicaid and Tricare. By lowering the standards for prosecutors and qui tam whistleblowers with respect to False Claims Act cases, Congress has made the jobs of health care fraud defense attorneys more difficult. Federal government prosecutors, whistleblower lawyers and qui tam attorneys will have a few less hurdles to jump in prosecuting whistleblower allegations under the federal False Claims Act.© 2010 Joseph P. Griffith, Jr.

What Does a Civil Lawyer Do?

A lawyer who specializes in civil law is known as a civil lawyer. Civil law has many fields including business laws, corporate laws, intellectual property laws, family laws, personal injury laws, probate laws, real estate laws, tax laws, etc. Civil law is a branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim. A civil lawyer not only represents the client in a legal proceeding but also provides legal advice to the client in civil transactions.Civil law encompasses all law that is not criminal law. Civil law seeks to resolve non-criminal disputes such as disagreements over the meaning of contracts, property ownership, divorce, child custody, and damages for personal and property damage. Civil lawyers handle lawsuits that involve individuals, businesses, and even the government.Civil lawyers will generally choose one or more areas of law to specialize in. If you need assistance with tax laws, you should go to a civil lawyer who specializes in tax laws. If you have been injured in an accident and you want to file a law suit seeking damages, you will need the services of a civil lawyer specializing in personal injury lawsuits. If you are filing for divorce or seeking custody of your child, a civil lawyer specializing in family law will be able to help you out.A lawyer can also help you if you are running a business by giving you timely advice that can save you from costly civil law litigation. A civil lawyer specializing in business laws can advise you on the regulations your business needs to comply and the licenses required by your business. He can even help you obtain the licenses. Laws regulating the functioning of corporations are complex. There are civil lawyers who specialize in corporate laws. In a real estate transaction, a lawyer specializing in real estate laws can make sure that the transaction is being conducted in the proper way, the necessary documents are properly executed and the sale proceeds properly paid out and accounted for at closing.There are no special qualifications for becoming a civil lawyer. Like all lawyers, they must have a JD degree from an American Bar Association accredited law school and must have cleared the state bar exam. Before a lawyer can practice in a state, he must pass the state bar exam.

The Pros and Cons of Refinancing

One common way that individuals try to pull out of debt is through refinancing. Refinancing requires individuals to take out loans that pay their other loans in full. There are several advantages and disadvantages to this, and it is important to note that certain pros and cons may not apply to everyone.Among the most positive outcomes of refinancing is debt consolidation. Individuals can cut down the number of monthly payments that they have, which often means a lower monthly payment. A lower monthly payment is key in refinancing, and there are several ways to obtain one.The most common way to secure a lower monthly payment is to look for a refinancing loan that has a lower interest rate than your current loan. Though the overall loan amount will be more, a lower interest rate may result in lower monthly rates.A lower interest rate alone may not lower the amount that you owe each month Another way to lower payments is to agree to loan terms that stretch out the repayment period. Though there may be a longer debt period, stretching out a loan can drastically reduce the monthly payment.All of these actions may have negative consequences though. In some cases, refinancing will lower monthly payments by a negligible amount. When this is the case, debts may not become any more manageable.Worse yet, individuals will be stuck with the loan for a longer period, which can cause more financial strains. Ultimately, an individual may be better served by declaring bankruptcy and wiping out his or her debts entirely.

DUI Attorney – What You Should Expect After Being Caught For DUI?

No matter whether you have been caught driving drunk or you are being charged with the offense, you should not disregard it as something insignificant. Depending on the laws at the time of your citation and the adjustments that can happen, you could wind up facing serious consequences. Stronger consequences and laws are now being enforced by the states every year and you probably will end up paying a sizable fine or even be taken into custody. Furthermore, your license may be suspended and you could end up with a criminal conviction if anyone was injured during your incident. All of these can seriously affect your opportunities for employment in addition to your future plans. Having a experienced DUI attorney makes all the difference to ensuring your case proceed smooth helping you come out in the best possible situation.If you have been pulled over for DUI and are looking for a good DUI attorney, you can always check online to review a number of attorneys backgrounds, qualifications, experiences, previous case histories and more. A San Diego DUI attorney advised to choose one according to their experience and recent cases as this will ensure they are up-to-date with the latest DUI laws. If they are members of the NCDD then it is all the better.A Lawyer dedicated to focusing primarily on DUI cases in your county will definitely be much more qualified to handle this type of incident over an inexperienced attorney who has not successfully managed such cases previously. Experienced DUI lawyers may be able to have your charges reduced, protect your license and sometimes can have them dismissed completely. This is not to say they advocate the practice of driving under the influence, rather you will often be required to attend alcohol counseling.A DUI attorney will be suited to handle the case and also will assist you if you are facing a substance abuse problem. A local San Diego DUI lawyer confirmed that your honesty with your lawyer will remain sacrosanct as it is a point of client confidentiality. If your case is criminal or homicidal recklessness then your attorney will be able to advise you on the repercussions of those charges on your life in terms of employment, future goals and more. If you are guilty of a serious drinking problem you will often be required to attend a mandatory alcoholic program or enroll into rehab. If there is personal injury involved, the attorney can be entitled to charge a bulky fee which is due to the more complicated proceedings involved.You should always discuss the rates and payment details ahead of time with your attorney. If you need to give a substantial deposit, you need to discuss why and be able to pay. If you are certain of having found an experienced attorney it will likely be worth it as an effective lawyer may very well be able to get you off the hook. However, it will ultimately be your decision to make the effort to change your habits and stay off the wrong side of the law.

The Importance of Attorneys

We teach our kids what our parents has taught us when we were younger. Choose a career that can deliver all the good things life can offer. We were told and now we tell our children, become a lawyer. But why? What are the good things in being a lawyer?As a lawyer, you get to make a difference in your life and others. In a day to day basis, a lawyer can help those who are in desperate need of assistance. Poor people who are oppressed, weak women who are raped, children who are abused… Basically, a good person who makes a terrible judgment and makes a mistake like a human being is bound to be. People who needs defending, remorseful, and asks for a second chance. A lawyer can help out so that these people’s rights will be restored.Only licensed attorneys can practice law. That is a great advantage. In every industry in this world, there is a legal department. Every business and office needs an expert advice from a lawyer. This just means that the demand for law graduates is pretty high. It is easy to find work when you are a graduate of law.But before getting to be a lawyer, you have to study for years and take examinations to determine your competency on law. You make yourself equipped with your rights and obligations as a public citizen. You can use that knowledge to empower yourself in unfair situations. Both professionally and personally, you can make use of what you know and protect yourself, your client and your loved ones. You will be able to recognize a problem long before it happens. You will be able to side track and avoid it. Although, there are times that it hits you on the spot. The benefit on being a lawyer is that you can take action to repair it.Studying law gets you to sharpen your analytical, critical and reasoning skills. You tend to become neutral and objective which is a good thing. As a lawyer, you get to be more understanding on situations that require multiple alternatives. You will get to understand people in general. Each person sees a situation basing on their own view. But there are different sides to a story. A lawyer gets to understand each and every side. They are skilled in anticipating how people would move and react. You will learn to focus and be attentive.A these public servants are well versed, well read and a well rounded person. It increases one’s self confidence and self esteem. You will learn to trust your own instincts, and stand up to what you believe is right. That is not pride or narcissistic but, being a lawyer moves a person to become passionate to make a difference. To get justice for those who are wronged.Yes, a lawyer gets a minimum of $50,000 a year and that is just entry level. But what could be more satisfying in this world than helping others who are in need because you know that you can? Be a better person. That is why we push our children to become lawyers.

What You Can Do When Charged With a DUI

It is never easy to stay composed in the face of such obstacles. It is important to remember that you have the right to aggressively defend your best interest. Regardless of whether you are partially at fault in any crime, you have a right to pursue your best interest and seek a beneficial outcome.Know Your RightsWhen you are arrested, you have the right to be treated according to pre-determined legal procedures. Oftentimes in the case of a traffic violation, the confusion surrounding the arrest or charge means that these procedures are not followed in every case. Especially in a city like Los Angeles where there is constant confusion on the roadways, it is possible your rights may be violated. If you feel your rights have indeed been ignored, you should seek the advice of a Los Angeles DUI attorney immediately to begin evaluating the circumstances surrounding the arrest. You have the right to an attorney; your DUI lawyer will act as your partner and advocate throughout your legal battle.Seek a Criminal Defense Attorney
Criminal defense lawyers specialize in aggressively seeking the best possible resolution for an individual accused of a crime. Often, a Los Angeles criminal defense attorney will have extensive knowledge of traffic litigation due to the unique circumstances present in Los Angeles. The southern California area, which encompasses Orange County and San Bernardina County, has the second highest commute time in the nation and eight times the national average of car accidents. Criminal defense attorneys in Los Angele’s are intimately familiar with the laws that govern traffic in the area including DUI legislation. Furthermore, a Los Angeles criminal defense lawyer will be highly familiar with the prosecutors and judges who try criminal cases in the Los Angeles area, giving you a distinct advantage.Find an Attorney with Experience in DUI CasesAny criminal defense attorney in Los Angeles should have some knowledge of traffic and DUI legislation. It is advisable, though, to seek a DUI attorney in particular. A DUI attorney will have knowledge of previous DUI cases and will likely have tried many such cases in the past. You should be able to locate records of these cases without too much difficulty. For example, The Law Offices of Rodney Nosratabadi have an excellent blog that highlights current cases being heard and opinions or advice on the circumstances. You may find that by looking at these cases that you are not alone in your desire to resolve a DUI case without facing extensive penalties. Many other people have worn your shoes, and your DUI attorney will be sympathetic to your cause moving forward.

Penal Code 273(a) – An Analysis of the Law and Defenses

The State of California has an interest in protecting the health and safety of children, and passed a law, Penal Code 273a, that makes endangerment of a child, illegal. Endangerment includes the willful neglect or infliction of pain or mental anguish upon a child. It also covers individuals who know that a child is being endangered, abused or neglected but fail to do something about it – as in the case of a mother knowing a child is abusing her children but failing to report it or protect the children. It is also true that a child does not have to be the recipient of abuse, but can be a witness of domestic violence.Defending a Child Endangerment ChargeIt’s heartbreaking to be accused of child endangerment if you’re innocent, and contacting an attorney who specializes in Child Endangerment should be the first thing you do if you’re charged. A lawyer experienced in Child Endangerment can review the facts of a particular case, and can spot and offer factual or legal defenses to defend accusations of child endangerment. There are, in California, a few recognized common defenses to child endangerment, including:False AccusationsThere are times when the courts are told (through a police report or criminal complaint) that a child has been endangered when in fact the child has not. For instance, if a neighbor hears raised voices and calls the police, alleging that there are children in the house next door and the adults are fighting, a child endangerment charge could happen, but be without merit. This is especially true if the adults are bitter or angry at one another and one of the adults files a false accusation of domestic violence. Proving that the child was not endangered is one defense an attorney may use to get his or her client’s charges dropped or reduced.UnintentionalChild endangerment is the willful neglect or infliction of pain or mental anguish. Therefore, individuals who did not intentionally do this are not guilty of the crime. An example may be a woman who is continuously abused by her husband and truly fears for the life of herself and her children if she should try to seek police help. The attorney will consider the circumstances, including past attempts to seek help, attempts to leave, and any other details surrounding the case. He or she will use these details to strategize a proper defense that conveys the accused individual’s innocence.The most important thing one can do when accused of child endangerment (if the case is in Orange County), is find an Orange County criminal defense lawyer specializing in child endangerment. He or she will know the laws inside and out and will be able to take the proper steps to ensure that your rights are protected and that your case is fairly tried.

Newport Beach DUIs

Newport Beach is a charming coastal community in Orange County, California. It’s also well known as the wealthiest city in the United States (according to the website portfolio.com), and it is the location of the Newport Beach Courthouse — the Harbor Justice Center branch of the Orange County Superior Court. This single courthouse handles more DUI cases in Orange County than all other courts in Orange County Superior Court, combined. (The next busiest would be the West Justice Center in Westminster, which trails the Harbor Justice Center in DUI cases handled by a far margin).Part of this has to do with the jurisdiction of the courthouse. Covering the jurisdictions of not only Newport Beach, but also the beach communities of Laguna Beach, Newport Coast, San Clemente, Capistrano Beach, Balboa Island, Corona Del Mar, Dana Point, Lido Isle, and also the inland cities of Irvine, Costa Mesa, Aliso Viejo, Coto de Caza, John Wayne Airport, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Mission Viejo, Rancho Santa Margarita, San Juan Capistrano, Santa Ana Heights, and Trabuco Canyon, this court covers a lot of cities, especially beach cities with plenty of patrons of bars and restaurants, an ideal setup for DUI checkpoints, and areas which aren’t covered by regular public transportation – a “perfect storm” for drunk drivers.At the Harbor Justice Center in Newport Beach, there are also more DUI trials than any other courthouse in Orange County. Although the overall percentage of the prosecution winning misdemeanor trials in Newport Beach specifically was 62% last year, the conviction rate for DUIs is higher, perhaps because of the more conservative jury pool in Newport Beach. Last year prosecutors in Newport Beach won over 80% of DUI trials. Because of the unique aspects of this courthouse, prosecutors in the Newport Beach Courthouse have special policies of having “zero tolerance” and of going after defendants accused of DUI with harsh punishment, including jail time, without alternative or exceptions.You can avoid being a statistic by knowing your options and how DUIs are handled in the Harbor Justice Center by Newport Beach DUI lawyers that practice in that courthouse daily.Newport Beach DUI CheckpointsDUI Checkpoints in Newport Beach are commonly held near the bars and restaurants of Fashion Island, the shopping center, and Pacific Coast Highway. Current information about Orange County DUI Checkpoint locations for Newport Beach, and other cities, are announced on the Newport Beach Police Website, and also on the Orange County DUI Checkpoints Blog. DUI checkpoints are not statistically a truly effective ways of catching drunk drivers, but they do provide money to the city of Newport Beach, especially through impounded motor vehicles. An individual will still have to pay to have his or her vehicle returned, even if he has been found innocent of DUI in a court of law.Driver’s License IssuesDriver’s license issues from a DUI are handled by the DMV, and are not handled or dealt with in the Harbor Justice Center. However, it is worth mentioning that for all jurisdictions covered by this courthouse, driver’s license hearings are heard at the DMV Office of Driver Safety, located at Von Karman Avenue, Irvine, CA 92606. From the date of arrest, a driver has only 10 days to request a hearing with the Office of Driver Safety to avoid a suspension. If a person arrested for DUI doesn’t do this, it means an automatic suspension of driving privileges for four months or more, with very few exceptions.Defending a Newport Beach DUI ChargeThere are many different factors that contribute to the defense of a DUI charge. Newport Beach DUI Lawyers that know the system and procedures at the Harbor Justice Center will go over the details of the arrest with a fine-tooth comb, and he or she will review the case to see if all proper procedures were followed during the investigation and testing. For instance, if the police did not have a valid legal reason (probable cause) to stop you and investigate further,, there’s a chance that all charges could be dropped. If the breathalyzer machine was not maintained and calibrated correctly, a good attorney will work to have the charges dismissed based on a defective test. Your blood alcohol level and toxicology reports will be reviewed and re-tested for proper certification, levels of bacteria, anti-coagulants, and preservatives, will also be looked at closely by the defense.By quickly contacting a DUI lawyer as soon as you’ve been arrested and charged, you increase your chances of having competent representation and ensuring that your rights are protected, even in a tough courthouse like the Harbor Justice Center of Orange County Superior Court.