Fresno DUI Attorney: 4th Offense DUI

Fresno DUI Attorney | Fresno DUI Lawyer

 When you have a fourth offense DUI, you need to hire the

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Fresno DUI Lawyer Jonathan Rooker can help answer these questions.  He is an experienced and qualified DUI attorney in Fresno California. Some common questions are, I was arrested for DUI?  What happens?  Will the DMV take my license?  Is my fourth DUI a felony?  What is one of them was a long time ago?  Will I serve time in Jail? How much are the fines for DUI?  Can I make Payments?  Do I need a lawyer for my DUI?  Will my work find out?  Will I lose my job? How long do I have to to appeal it to the DMV? How do I get my license back after a DUI? Call Fresno DUI lawyer Jonathan Rooker.

A Fourth Offense DUI within 10-Years:

May be charged as a felony DUI!  The sentencing triad for a fourth (4th) Offense DUI with 3-prior DUI's within 10-years is 16-24-36 months in state prison.  This is a very serious offense and severely punished.  As with Felonies, as opposed to misdemeanors that court has discretion to sentence an offender to pay several thousand dollars in fines and restitution.  A long term DUI class will be ordered by the court, and required by the DMV.

Will I go to Prison?

This is a common and realistic fear for any person accused or convicted of driving under the influence while having 3-prior convictions within a 10-year period.  The truth is, you may actually be incarcerated for a lengthy period of time.  However, depending on the circumstances, there is hope of avoiding prison.  As with any criminal offense, results vary, but it is possible to avoid incarceration.  The court may stay a prison sentence, based upon certain conditions and factors.  If the court rules a person eligible for a stayed sentence, the sentence of prison may not be served, but instead other options could occur.  One approach is a rehabilitation program, which is more in line with the long-term good of the individual and society, that requires that individual to seek, and successfully complete a long-term residential program, and many times an after care program.  GPS and Alcohol monitoring devices can be employed to allow the court to intervene if alcohol is consumed, rather than waiting for another DUI offense to occur, or worse.

How do priors work?

A Prior offense, for DUI purposes runs from the date of incident to the next date of incident.  For example, if a person has an offense date of 1/1/2000, 1/1/2005, 1/1/2010, and 1/1/2014, the offense committed on 1/1/2014 would be a 3rd offense, not a 4th.  The reason being the first offense, even if the conviction for the 1/1/2000 offense did not occur until 2005, 2010, or even the day before the 2014 offense, it would not count as a prior within the 10-year window.

When does a DUI fall off my record?

DUI's are a criminal offense.  They do not disappear, fall of a record, get erased, or disappear.  They remain in the courts file for the duration of your life.  Presently, they remain prior-able for a period of 10-years from the date of offense.  However, the court and prosecution will be able to see the prior conviction forever.  Judges may take them into consideration when sentencing, and they could lead to a harsher sentence.  Multiple DUI offenses are a common problem in the Fresno area.  If you are accused of a Fourth Offense DUI you may want to considered hiring a qualified DUI Defense Attorney to represent you on your charges.

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.