Practice Areas

FELONY CRIMES

A felony is a crime that is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.

As a Orange County and Los Angeles Criminal Defense Attorney, Ryan Rodriguez handles all types of felonies.


Felonies we successfully handle in Orange County, Los Angeles, Riverside, and San Bernardino County areas include but are not limited to the following:


  • Murder
  • Attempted Murder
  • Manslaughter
  • Sexual Assault
  • Domestic Violence
  • Kidnapping
  • Burglary
  • Robbery
  • Assault with a Deadly Weapon
  • Drug Charges
  • Fraud
  • Gun Charges

If you have been charged with a felony in the Los Angeles or Orange County area, your freedom is at stake. You need to speak with Mr. Rodriguez immediately. It's a free consultation where we will go over your options and strategy.

The Orange County and Los Angeles Criminal Defense Attorneys at the Law Offices of Ryan Rodriguez are experienced attorneys handling all types of felony cases.  Contact a Los Angeles and Orange County Felony Defense attorney today.

MISDEMEANOR CRIMES

A felony is a crime that is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.  Misdemeanors tend to involve less severe consequences.  In California, it is much easier to petition for the expungement of a misdemeanor charge than it is for a felony charge.  That is why criminal defense attorneys try to get their clients charges dismissed or reduced to misdemeanor offenses.  Convictions for misdemeanor offenses can result in jail time for one year or less, fines of up to $1,000, community service, and probation.  

Ryan Rodriguez is a Los Angeles and Orange County Criminal Defense Lawyer who handles all types of arrests and misdemeanors in Orange County, Los Angeles, Riverside, and San Bernardino counties.


Misdemeanors we successfully handle in the Southern California area include but are not limited to:

  • DUI’s
  • Hit and Run
  • Driving without a Valid California Driver License
  • Driving without Insurance
  • Drug Possession
  • Drunk in Public
  • Battery
  • Trespass
  • Loitering
  • Vandalism
  • Petty Theft

If you have been charged with a Misdemeanor in Southern California, please call the Law Offices of Ryan Rodriguez.

DUI DEFENSE

When you get arrested for a DUI in southern California, you are usually arrested for two separate vehicle code sections: VC 23152(a) and VC 23152(b).  Each offense is defined below.  One reason why both crimes are alleged is because it possible to have a situation where you are under the influence of a drug and not alcohol, in which case the prosecution would not succeed in charging you with Driving with a .08 Blood Alcohol level or higher in the Los Angeles or Orange County area.  In this case the appropriate charge would be VC 23152(a).  


With a skilled VC 23152(a) Orange County and Los Angeles DUI defense attorney however, this charge is much more difficult for the prosecution to prove.  They often rely on drug recognition experts to prove their case.  After having worked as a former prosecutor for several years, Southern California Criminal Defense Attorney Ryan Rodriguez knows how to effectively discover the weaknesses in the prosecution’s case and prove your innocence of the charges.


If you are driving with a .08 or higher in Orange County and Los Angeles, then the prosecution charges both code sections VC 23152(a) and VC 23152(b).  Your blood alcohol level is measured by either a Breathalyzer test or blood test, depending on which you chose.  A skilled Los Angeles and Orange County DUI defense attorney knows how to attack the reliability and validity of the Breathalyzer.  


Driving Under the Influence [VC §23152(a)]
in the Southern California area


It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. 
 


To prove that the individual is guilty of this crime, the Prosecution must prove that:


1 The individual drove a vehicle;

AND

2 When (he/she) drove, the individual was under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug].


A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

The manner in which a person drives is not enough by itself to establish whether the person is or is not under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug]. However, it is a factor to be considered, in light of all the surrounding circumstances, in deciding whether the person was under the influence.


An alcoholic beverage is a liquid or solid material intended to be consumed that contains ethanol. Ethanol is also known as ethyl alcohol, drinking alcohol, or alcohol. [An alcoholic beverage includes <insert type[s] of beverage[s] from Veh. Code, § 109 or Bus. & Prof. Code, § 23004, e.g., wine, beer>.


A drug is a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles of a person that it would appreciably impair his or her ability to drive as an ordinarily cautious person, in full possession of his or her faculties and using reasonable care, would drive under similar circumstances.

If the Prosecution has proved beyond a reasonable doubt that the individual's blood alcohol level was 0.08 percent or more at the time of the chemical analysis, a jury may, but is not required to, conclude that the individual was under the influence of an alcoholic beverage at the time of the alleged offense.

It is not a defense that the individual was legally entitled to use the drug.


Driving With 0.08 Percent Blood Alcohol [VC §23152(b)]


It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.


To prove that the individual is guilty of this crime, the Prosecution must prove that:


1 The individual drove a vehicle;

AND

2 When (he/she) drove, the individual's blood alcohol level was 0.08 percent or more by weight.

If the Prosecution have proved beyond a reasonable doubt that a sample of the individual's (blood/breath) was taken within three hours of the individual's [alleged] driving and that a chemical analysis of the sample showed a blood alcohol level of 0.08 percent or more, you may, but are not required to, conclude that the individual's blood alcohol level was 0.08 percent or more at the time of the alleged offense.


Our Southern California DUI attorneys know DUI arrests can be embarrassing and do everything possible to handle this confidential matter in a sensitive manner. 

If you have been accused of a DUI in Los Angeles and Orange County - driving under the influence of alcohol or drugs in Los Angeles, Orange, Riverside, and San Bernardino County, you need to speak with us immediately.  


Please call the Law Offices of Ryan Rodriguez. With the knowledge and experience we have, we aggressively and successfully protect your rights and your freedom.

DMV HEARINGS

When you are arrested for a DUI in Los Angeles or Orange County, you have the right to request a DMV hearing in the Orange County or Los Angeles area within ten days of receiving notice of the action against the driving privilege.  This notice usually takes the form a pink slip provided to you after you are arrested for a DUI.  The DMV hearing is separate and aside from the criminal proceedings.  The DMV hearing is different from your court hearing.  The DMV hearing will decide the future status of your California Drivers License.  The hearing proceedings are tape-recorded and are conducted by telephone or in person.  The hearing is held before a Driver Safety Hearing Officer of the department of motor vehicles.  It is extremely important to contact an experienced attorney immediately so that we can request a hearing on your behalf.  Prior to the DMV administrative hearing, the DMV will send our offices all the police reports regarding the arrest.  

At the hearing, we are informed of the legal grounds for the action, and have the opportunity to review and challenge the evidence of the department, and to present evidence, witnesses and testimony to persuade the department to modify or rescind the action and not suspend your license.  Following the hearing, the Driver Safety Hearing Officer will make a decision to uphold (sustain), modify, or rescind (set aside) the DMV action.


Scheduling a DMV Hearing


The Law Offices of Ryan Rodriguez will schedule a DMV Hearing on your behalf.  You do not need to do anything as long as all the necessary information is provided to our office prior to the 10-day period.  Check the notice you received, which is a pink slip of paper given to you after your arrest, advising you of the action against your driving privilege.  If the notice indicates you have the right to a hearing, we have ten days following receipt of the notice to request a hearing.


DMV Hearing is different from court trial for a DUI


The DMV Hearing is different from the court trial for a DUI.  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 the crime charged against you. The only issues at the DMV hearing are:


If you took a blood or breath or (if applicable) a urine test:

 1.  Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?

 2.  Were you placed under lawful arrest?

 3.  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:

 1.  Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?

 2.  Were you placed under lawful arrest?

 3.  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?

 4.  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?


It is important to request a DMV Hearing


The DMV hearing officer can only set aside the suspension against your driving privilege.  This decision is separate and/or independent from any criminal charge, sanction, penalty, or decision.  However, our experienced attorneys can successfully expose weaknesses in the police reports and police officers testimony at the hearing by effective cross-examination that can later be used in court against both the police officer and prosecution.


If you have been arrested for a DUI in Southern California, call the Law Offices of Ryan Rodriguez immediately.  He will aggressively protect your rights, your freedom, your driving privileges, and your reputation by: 

  • Contacting the DMV to Protect Your Driving Privilege by Requesting a Hearing with the DMV.
  • Subpoenaing the Police Officer to the DMV Hearing.
  • Obtaining a "Stay" on the Suspension.
  • Obtaining a Restricted Driver's License after the DMV Hearing.
  • Appealing the DMV hearing decision if necessary.
  • Using the evidence and testimony at the DMV hearing to your advantage in court and in trial.