HOW TO CHALLENGE A DUI
1. Improper Reasonto Stop You
2. Faulty Check Point
3. Cop Did Not Know How to Give FST's
4. Cop Did Not Tell You Your Right to Refuse the Road Side Breath Machine
5. Cop Did Not Give You Choice of Blood
6. Road Side Breath Machine was Not
Accuracy Checked Per Title 17
7. Cop Did Not Observe You for 15 Minutes Before You Blew into the Machine at Station
8. Cop Did Not Offer You a Blood Test
After You Completed the Breath Test
9. Improper Collection Technique of Blood
10. Improper Storage of the Blood
11. Improper Testing of the Blood
12. Blood Machine Improper Calibrated
13. Auto Sampler Not Calibrated
14. Fermentation of Blood
15. Improper Storage of Blood Vial prior to Blood Collection
David's Success Story
I met David when I was a young 20-something adult and I had bought a brand new airless sprayer from Home Depot. My buddy, Mark, David’s dad, was living in an older home and he said, “hey, come test out that sprayer over there, we’ll have a bar-b-que and drink some beers.” So I took my airless sprayer over there, and we ended up spraying that 1,100 square foot house in one day and it looked brand new. David was only four years old at the time. Almost 30 years later, I get a call from David, and he says, “I need help with a DUI.” I have not heard from David in almost 30 years, so it was kind of a surprise to hear from this young man that I last knew as a young child...... click here to keep reading.
Imagine this story, I am sitting in my office and Mr. Z comes 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!
These are examples of what my hard work has accomplished and not an indications of future results.
THIS IS WHAT ANOTHER HAPPY CLIENT SAID: The Greatest Lawyer Got my Dui Car crash case Dismissed
Posted by a client
July 18, 2016
Dr. Patrick Silva is 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 across Dr. 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. Silva went 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. Silva had 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.
Another Great Result: April 2016: Johnny was 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
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; Mrsilva 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."
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 my DMV hearing, 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 contacted Attorney Silva and 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
I was charged with my first DUI 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 Silva pulled 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 3rd DUI charge, 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 3rd DUI charge 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 a suspended 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 the DMV 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 the DMV. 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 another DUI. Being a second time offender I had my doubts that I would beat these charges. Mr. Silva was 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. Silva put 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 when Silva told 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 recommend Patrick Silva!!!!!
(I RECEIVED THIS EMAIL FROM ANOTHER ATTORNEY)
Hi Patrick -
I made friends with the court reporter during my trial and we got to talking about DUIs. She has reported a lot of DUI cases. I asked her who, in her opinion, were some of the best DUI defense attorneys she has seen try DUI cases, and she said PATRICK SILVA! Thought you might like to know this! Great job on your trial!
WHAT TYPE OF GOOD PEOPLE HAVE RELIED ON MY DUI SKILLS IN THE PAST?
I have represented:
Real Estate Agents
Hard working men & women
"when your job is on the line
- Call Mr. Silva"
The DUI Answer Book was written by Attorney Patrick J. Silva
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.
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
I am competitive by nature, I love to win, and I strive to do my very best on each case
Mr. Silvastarted representing those accused of DUI for nearly 14 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 the CALIFORNIA DUI LAWYERS ASSOCIATION which 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 of NATIONAL COLLEGE FOR DUI DEFENSE which is compromised of the "best" dui attorneys in the nation. http://www.ranchocucamongaduilawyers.com
Hire a Apple Valley DUI Lawyer from the Best 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 in Standardize Field Sobriety Tests (SFST). He has completed 24 hours of intense training under the guidelines set forth by the National 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 Apple Valley 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 the Horizontal 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 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 DMTbreath 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 a nationally-recognized firm lead 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 Apple Valley, 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 DUI Marijuana (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 a Western State University College of Law School graduate. 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 the National College for DUI Defense. If you have been arrested for a dui in the Apple Valley Area, Call Us ASAP. We have won many cases against the Apple Valley Police Dept.
WHAT TYPE OF CASES HAVE I BEEN SUCCESSFUL ON?
* DUI Murder
* Dui Felony
* Dui with child endangerment
* Dui 4th time
* Dui 3rd time
* Dui 2nd time
* Dui 1st time
Patrick J. Silva - Attorney at Law
A Professional Law Corporation
Who do you want as your attorney? The Master or the student? Patrick Silva has over 21 years of DUI experience, he has been published in DUI reference books, he has spoken in front of hundreds 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. (909)798-1500
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.
* Will I Have to do any Jail Time?
* How Do I Get My License Back ASAP?
* Can I Lose My Nursing License Because of a DUI?
* How to Fight Your DUI License Suspension
* How to Get Your Car Released from a 30 Day Impound Hold
* What Happens When I go to Court?
* How Much Will My Insurance Rates Go Up?
* 7 Mistakes to Avoid if You've Been Pulled over for a DUI
* 10 Ways to Challenge Probable Cause
* Plus, Much More.
All of this information is absolutely free if you have been arrested for a dui in California.
Since being arrested for a dui, you have likely been bombarded with advice from neighbors, friends, and family. We created this book to empower you with the best and most necessary information for handling your dui in a stress-free way.
How To Get A Free Copy Of This Book.
To access your most valuable source of advice for your dui case is easy, simply fill out the form below with your name and mailing address. Your free copy will be sent shortly after you submit your request
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