Archive for June, 2011

Defending Drunk Driving Arrests In California

Los Angeles DUI defense attorneys are faced with a new challenge in defending drunk driving due to new attempts by California police authorities to fight DUI.  Police Departments throughout California are attempting to use social media and online services to make those who get arrested for DUI embarrassed.  How do they propose doing it? Criminal Attorneys are informed that their client’s name and photo may be placed on social media sites such as facebook, myspace and LinkedIn.

Fighting DUI cases in California has become increasingly difficult for Drunk Driving Defense Attorneys.  This is just another reason why DUI lawyers must take every drunk driving arrest, especially those that involve bodily injury more seriously.

Privacy advocates must work in conjunction with criminal attorneys to curb the overly enthusiastic efforts of Los Angeles Police Department to fight DUI by causing unnecessary shame and embarrassment, when other means of fighting DUI is readily available.  Police Department defends its proposed action of placing mug shot of those who get arrested more than once for driving under the influence of alcohol on sites such as Facebook and Myspace, by arguing that such action “saves lives”.  It is arguable, however, how causing shame and embarrassment by exposing such individuals to pubic view will save lives. To what extent could law enforcement authorities invade one’s privacy?  Is this the beginning of the creation of a database of DUI convictions with their private information and photos available for everyone to see?

Are the authorities attempting to fight DUI cases by making DUI an equivalent of sexual predators whose name are readily available online?  To propose that the photograph of everyone who gets arrested for Drunk Driving must be immediately place on social media sites clearly violates the constitutional rights of our private citizens.  Criminal Defense Attorneys have long fought for our citizen’s rights to privacy and have played a major role in creating a balance between privacy rights of our citizens and the government’s right to protect the safety of the public.  In the context of California Drunk Driving Laws, and for all intents and purposes in the whole United States, there should not be an assumption that everyone who gets arrested for DUI will in fact be convicted of the crime.  Also, many times a conviction is the result of plea negotiations between criminal attorneys and prosecutors in DUI courts, where there is not convincing evidence of the arrestee’s guilt.

To cause such embarrassment to DUI arrestees by exposing them to ridicule and shame on social medial sites California Law Enforcement Authorities are clearly invading our citizen’s privacy rights, their right to be secure in their property and belongings, and the presumption of innocence until guilt is proven.

The presumption of innocence does not change for repeat DUI offenders.  There is no question that drunk drivers in California are responsible for a large percentage of vehicle related deaths each year.  However, defense attorneys argue that the constitutional rights of private citizens should not be abridged in order to curtail the interest of those who intend to drink and drive.  We could not correct a wrong with another wrong.  If we don’t stop this, next thing you know, they will make the license plate of drunk drivers a different color so that everyone knows they have had a DUI, or they could make them place a red flag in their yard, and better yet write it on their forehead “drunk driver!”

Multiple Police Departments in California have pressed the issue of placing mug shots of DUI arrestee online.  This is done in an increased push by law enforcement authorities and various non-profit organizations and anti DUI advocates who have lost loved ones in drunk driving accidents.

DUI Defense requires specialized Knowledge and skill. With the help of our trained attorneys who aggressively defend Drunk Driving charges, avoid jail time and license suspension. Get the most professional Drunk Driving defense in Los Angeles you deserve. 

At the Law Offices of Tony M. Seyfi, criminal defense attorney, our goal is victory for our clients in defending DUI cases, and we are confident of our defense strategies.  If you would like to discuss your DUI case, call us today for a FREE CONSULTATION and case analysis.

Law Offices of Tony M. Seyfi, Los Angeles, California.  Call:  866-533-3363

Originally published here.


Tony M. Seyfi

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