Santa Cruz County DUI Lawyer

Do You Need a DUI (Driving Under the Influence) Lawyer?

If you have found yourself in a situation of being arrested or charged with a criminal offense around Santa Cruz California, then you need an attorney to represent you during this tough time who has the experience and record to help you achieve the most favorable results. Attorney Van Elgort was not only a judge for many years, but has over 30 years experience interpretting and defending the law in California.

California has two basic drunk driving laws, found in Vehicle Code section 23152, sections (a) and (b):

• 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
• 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.

Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.

Procedurally, you should be aware of certain legal rights you have — rights which are commonly ignored by the police:

• There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
• You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
• Once arrested, you must be advised of your constitutional rights — the "Miranda" warning — before any further questioning takes place.
• You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the "implied consent" advisement).
• If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.

Attorney Van Elgort handles many types of Criminal Defense Cases, ranging from DUI / Drunk Driving Defense to theft. Below are some examples of just a few Criminal Areas of Practice he can represent you in:

• Driving under the Influence of Alcohol and/or Drugs (DUI)
• DMV license suspension hearings
• Domestic Violence
• Possession, use, transportation, and under the influence of, controlled substances (drugs)
• Probation violations
• Criminal Threats
• Assault and Battery
• Child Abuse and Neglect
• Theft (including fraud and embezzlement)
• Residential and Commercial Burglary

The Law Office of Howard M. Van Elgort represents clients in Santa Cruz, Monterey and San Benito Counties, including the communities of: Santa Cruz, Watsonville, Scotts Valley, Capitola, Soquel, Aptos, Boulder Creek, Ben Lomond, Felton, Davenport, Freedom, Corralitos, Monterey, Pacific Grove, Carmel, Carmel Valley, Marina, Prunedale, Castroville, Salinas, and Hollister.

Work Experience:

April 1997 - Present: Private law practice, Soquel, CA. Criminal defense only.

December 1996 - April 1997: Private law practice, San Francisco, CA. Sole practitioner handling criminal defense cases exclusively.

January 1996 - December 1996: Internet Marketing, Thetis Island, British Columbia. Conducted several home-based marketing businesses over the Internet.

January 1995 - December 1995: VP & General Counsel, Ground-Loc Systems, Inc. CA. & WA. Developed marketing strategies, programs and materials. Negotiated and prepared agreements. Analyzed production costs and product pricing.

January 1990 - December 1994: Private law practice, Joshua Tree, CA. Conducted all aspects of sole practitioner law office business unassisted by any other personnel. (criminal defense only).

January 1983 - December 1989: Private practice. Martin & Van Elgort, PLC., Yucca Valley, CA. Partner in two-man, three secretary general practice law firm with emphasis on litigation.

July 1979 - December 1982: Supervising Municipal Court Judge, Morongo Basin Division of the San Bernardino Municipal Court District, Joshua Tree CA. In addition to presiding over civil and criminal caseloads, I developed and implemented numerous innovative programs to improve the delivery of court services to the community.

January 1977 - June 1979: Judge of the Justice Court, Twentynine Palms Judicial District, San Bernardino County. Presided over both criminal and civil court cases and conducted private law practice on the side. Filed law suit requiring the State and County to upgrade the Court to a Municipal Court, thus bringing increased services to residents of the area.

October 1973 - December 1976: Assistant Public Defender for County of Riverside, Indio CA. In charge of branch offices in the desert portions of Riverside County. Supervised staff of 8 attorneys, 2 investigators and 2 secretaries.

January 1972 - October 1973: Deputy Federal Public Defender, Central District of California, Los Angeles. Staff attorney in newly formed federal program. Represented clients accused of various federal offenses.

June 1966 - January 1972: Executive Director of the Legal Aid Foundation of Long Beach. Developed and managed federally funded, 4 office, 18 attorney legal services program. Also served as a consultant on legal services for the Federal Office of Economic Opportunity.

July 1965 - June 1966: President and General Manager of private escrow corporation In Los Angeles. Operated small private escrow company consisting of 3 escrow officers.

FOR A FREE CONSULTATION CALL - (831) 462-4231