DUI

DUI

Penalties:
Penalties for a DUI can be severe. The California Vehicle Code provides for two separate crimes in most drunk driving arrests: driving under the influence of alcohol, “DUI” (VC 23152(a)), and driving with a .08% blood-alcohol level (VC 23152(b)). Although it is possible to be found guilty of both charges, in most cases you can only be sentenced on one because the criminal penalties for the most part are identical. If you refusal to be tested for blood alcohol, the only crime charged will be DUI, VC 23152(a).

If you are convicted for a 1st time DUI or Driving with a blood alcohol level of .08% or greater, the penalty starts with the possibility of a jail sentence for as much as six months. You will be ordered to pay a fine of roughly $1600, representing the statutory amount plus a “tax” called a “Penalty Assessment.” The Department of Motor Vehicles (DMV) will suspend your driver’s license for four (4) to ten (10) months. In addition, the court may also require a separate 6 month suspension. The Court will also require you to attend a state-approved DUI school for three to nine months. In addition, the DMV will also require attendance at a DUI school in order to allow a reinstatement of your driver’s license; Usually this is a three month class, but it may be increased to six or nine months in the event depending on your blood alcohol level. Other possible penalties include installation of an “ignition interlock device”(IID) on all cars you own or have access to, work program, community service or attendance at a “MADD victim’s panel” or Alcoholics Anonymous meetings. Finally, you will likely be placed on probation for a period of three (3) to five (5) years.

Certain factors may be used by the court to increase the punishment. These factors are referred to as “enhancements.” If any of the following circumstances are present in a DUI case, penalties may be substantially increased:

  • Prior DUI or Wet Reckless w/in the last ten (10) years.
  • Excessively high blood alcohol content – Penalties are increased if the blood-alcohol concentration exceeds 0.15%.
  • Child endangerment – There is mandatory jail time if there was a passenger in the vehicle under the age of 14.
  • Excessive speeding or reckless driving – If the driver exceeded the speed limit by 20 mph on a surface street or 30 mph on a highway with a blood-alcohol content of 0.08% or higher, penalties are increased.
  • Refusal to submit to chemical test – May result in an increased jail term.
  • Injury or accident – Property damage or injury resulting from the offense can result in felony charges and much more severe penalties.

An Orange County DUI conviction is often accompanied by many hidden costs, monetary and otherwise. According to the Automobile Club of Southern California, the total cost of a first offense DUI conviction is over $12,000. In addition to the possible jail time, fines, probation period and, driver license suspension, there are also serious personal, professional, and social repercussions that also flow from a California DUI conviction.

If you or a loved one is facing an Orange County DUI charges, it is important to ensure your legal rights and interests are protected every step of the way. Please contact the Law Offices of Garcia and Phan today for a FREE consultation at

866-991-7298.

“…Because the Best Defense is a Good Offense.”

 

What is Personal Injury?

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.  The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff’s injury has been caused by the negligence of another, but also arises in defamation torts.

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermatitis, and repetitive strain injury cases.

If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a “contingency basis,” in which the attorney’s fee is a percentage of the plaintiff’s eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpractice cases.

What is Bankruptcy?

A legal proceeding involving a person or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor (most common) or on behalf of creditors (less common). All of the debtor’s assets are measured and evaluated, whereupon the assets are used to repay a portion of outstanding debt. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations incurred prior to filing for bankruptcy.

Business Collections

Business Collections


COLLECTION COMPANIES CANNOT SUE ON YOUR
BEHALF TO COLLECT MONEY OWED TO YOU!

So why are you still using collection agencies who
have no power to sue or appear in court on your behalf???

At the Law Offices of Garcia & Phan, we do not waste any time in moving forward with litigation to literally force your debtors into paying what is rightfully owed to you.

Let us show you results as opposed to the many excuses you have been hearing from these powerless collection agencies.

Each case varies and may be taken on a contingency basis where you pay NOTHING unless we collect on your behalf. The attorneys at Garcia & Phan are aggressive and experienced litigators who will not stop their attack on those who owe you money until they submit full payment to you.

Give the attorneys at Garcia & Phan an opportunity to provide you with legal solutions that you can literally take to the bank!

Business & Corporate Litigation

Business & Corporation Litigation

When it comes to business disputes, the attorneys at Garcia & Phan are able to provide you with solutions. Whether the matter can be settled out of court or through litigation, our attorneys will strive to resolve the matter at the most cost effective price.

Give us a call with any of your questions. Our attorneys will be more than glad to assist you in any possible way.

Types of Business & Corporate Litigation:

  1. Breach of Fiduciary Duty
  2. Trade Secret
  3. Non-Competition Clauses
  4. Breach of Contract
  5. Corporate Liability
  6. Unfair & Deceptive Business Practices
  7. Fraudulent Misrepresentation & Concealment

Bankruptcy

Bankruptcy

In these tough economic times, there are literally millions of families who have so much debt and insufficient income to continue to pay on these debts. You may be one of those people who are merely paying the bare minimum monthly payment which will never reduce your principal balance.

You may have creditors constantly calling you and harassing you. Worst yet, you may be in a situation in which your wages are being garnished. Instead of ignoring these problems, we recommend discussing your situation with one of our highly skilled attorneys.In many cases, Bankruptcy may be a viable option.

At GARCIA & PHAN, our attorneys take the necessary time and effort to meet with you to discuss your financial situation and legal rights. After a lengthy consultation, at no cost to you, you and your spouse will be in a much better position to make an informed decision whether petitioning for Bankruptcy under Chapter 7 or 13 will be a viable solution.

By petitioning for Bankruptcy, we have stopped wage garnishments, stayed foreclosures, stopped harassing phone calls, and completely eliminated overwhelming credit card debt.

This is your opportunity to get a fresh start by getting rid of those creditors and the debt that will forever haunt you. Please take this opportunity to discuss your unique financial situation with one of our knowledgeable attorneys. You have nothing to lose and everything to gain.

Bankruptcy FAQ’s