We have a proven track record and in-depth knowledge about the DMV Administrative process. We have experience in representing individuals who have been arrested for first and subsequent dui’s, as well as refusal actions. It is imperative that you contact and experienced and qualified Attorney to represent you at DMV Administrative hearings, as the loss of a hearing, or failure to request a hearing, would result in the suspension of your driving privileges.
Overview of DMV Hearings:
The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed:
If you took a blood or breath or (if applicable) a urine test:
Were you placed under lawful arrest?
Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?
If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:
Were you placed under lawful arrest?
Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?
“About ten months ago I was detained for DUI. Attorney Brooke Elia was very consistent on all appearances to court. Even though we ran into some issues with DMV DA, Attorney Brooke Elia was able to get me out of the DUI to a minor Wreck less Driving. I am able to get my license NOT suspended. I never had to appear to court . Brooke Elia staff was very efficient on keeping me informed on my case. I am very thankful to my attorney for all the hard work we put into my case. I would recommend Attorney Brooke D Elia.” – Past Client
A DUI conviction can result in loss of your license, your vehicle and your freedom. If you have been charged with driving under the influence it is important that you contact the Department of Motor Vehicles within 10 days of your arrest to preserve your driving privileges and to request a hearing, failure to do so will result in an automatic suspension.
Aside from the DMV matter, you will also be faced with charges in Criminal Court. At Elia Law Offices we know how stressful and overwhelming DUI charges can be. Let the professionals at Elia Law take care of the complexities involved in both the criminal and DMV hearings. In most cases, you won’t even need to be present at the hearings until a resolution is reached.
Contact us today, so that we may begin aggressively defending your charges.
A conviction for any number of traffic violations can lead to higher insurance rates, suspension of your driver’s license and extensive fines. It is important that you contact our office to immediately begin the process of defending you against the traffic charges.
“I had never gotten into trouble with the law, and I had no idea what to do when I got my DUI. I called Brooke not knowing what to do, or what to expect. I am so glad I went to Brooke Elia. Brooke was absolutely amazing. She explained everything very clearly, and fought hard for me. I originally had two misdemeanor counts associated with drinking and driving, however, she got it down to a Wet Reckless. I had just left a bar and the police officer who pulled me over was right across the street, waiting for someone to leave. I later blew a .12. She fought hard at all my hearings and gathered EVERY piece of information, and that is why she was successful in getting my DUI reduced. She fought hard for my rights and prevailed. She was very trustworthy and loyal. She is a true, genuine person, who will fight for you till the very end. I would definitely recommend Brooke to anyone who is in trouble with the law. No one will out work her, and she WILL gather ALL the evidence, and fight for you. She went above and beyond my expectations, and the cases outcome proves it. Thank you so much for fighting for me, Brooke!”
– Posted by a past client on avvo.com)
ASSAULT & BATTERY
What is a Battery?
A battery takes place when you willfully and unlawfully use force or violence upon another. You can be convicted of this offense even if you don't harm or injure the other person, as long as you make some type of unwanted physical contact.
California law defines battery under Penal Code 242 PC. A battery is simply this: any willful and unlawful touch that is harmful and/or offensive.
The slightest touch can trigger a battery allegation if it is done in an angry or offensive manner.
If for example, John spits on Joe, who is not injured, John can be charged with battery because his act was willful, unwanted, and offensive.
The Difference between an Assault & a Battery
People often use the terms ‘assault’ and ‘battery’ interchangeably, or to refer to the same offense. However, assault (defined under California Penal Code 240) and battery (Penal Code 242) are actually two separate crimes.
A Penal Code 242 pc battery (defined above) requires some type of violent, painful, or offensive physical contact.
A California Penal Code 240 assault, on the other hand, may be filed when an attempt to injure another is made. No physical contact is actually necessary to be convicted of assault.
A California assault can take place even though no battery occurs. However, a battery necessarily includes an assault. This is because it is impossible to commit a battery (a willful act) without first attempting to do so.
Potential Consequences of an Assault or a Battery:
Informal (summary) probation for up to three years
Up to six months in a county jail
A maximum $2,000 fine
Possible community service (or house arrest) and/or successful completion of a batterer’s program
If the person whom you battered suffers a serious bodily injury, you face a felony, punishable by:
2, 3, or 4 years in the California State Prison
A possible ‘strike’ on your record
If you are facing Assault or Battery charges in Riverside or San Bernardino County, contact our office immediately so we can begin the process of preparing your defense. Our staff of dedicated, experienced and qualified Defense Attorney’s are ready to zealously defend your rights.