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WHAT I DO FOR YOU

DUI Information

Defendant MUST Know

Contact Scott

DUI Information

FIRST OFFENSE cases involve THREE SEPARATE legal proceedings:

• DMV APS Per Se Administrative Hearing: 10-day deadline (suspension inconsistent timing with mandatory actions suspension).
• DMV Mandatory Actions Administrative suspension without hearing after conviction.
• Superior Court Hearings: arraignment, pretrial and trial.
  

COMPLEX DUI cases - ENHANCED SENTENCES:

• Multiple offenders: Second DUI (jail, program probation and fine enhancements).
• Third and Fourth DUIs (felony-misdemeanor wobbler) 4 months to 4 years jail, program and fine enhancements, probation enhancements.
• DUI with Bodily Injury (felony misdemeanor wobbler), extended license suspension, probation and fine enhancements-3 months to several years jail .
• DUI with accident (jail and program enhancements).
• High blood alcohol x over .15 BA, over .2 BA: Fine, jail, program enhancements and suspension extensions).
• Felony DUI.
• Manslaughter.
• Child Endangerment (a felony misdemeanor wobbler).
• Minor-Juvenile DUI
• Hit and Run.
• Driving on suspended license.

DUI and Crimes on U.S. Lands, U.S. Parks, U.S. Forests and Bureau of Land Management

Federal Court Jurisdiction Only
Scott B. Ennis is licensed to practice in the Eastern District of United States District Court, which covers most of Northern California. I will travel to defend you in every federal court in the Eastern District.

If you picked up a DUI in one of the following areas, your attorney MUST be licensed to practice law in federal court. Federal court applies to criminal prosecution in the following places in California:

1. National forests: Sequoia, Tahoe, Kings Canyon, etc.
2. National parks: Yosemite National Park, etc.
3. Bureau of Land Management: New Melones Reservoir, all federal lands owned by BLM.
4. Criminal charges brought in federal district court by DEA, FBI for violations of federal law.

Federal Court has DIFFERENT RULES:

• Federal Court requires different PROCEDURAL RULES than State Superior Courts.
• Federal Court follows a different SUBSTANTIVE LAW called the Codes of Federal Regulations.

Many DUIs on federal lands are considered “petty offenses,” but the penalties are not petty. Any crime punishable by six months or less, including some DUIs, is considered a petty offense. The right to jury trial does NOT apply to petty offenses. If you pick up a DUI on federal lands you are at the mercy of the local federal magistrate judge. All factual determinations will be made by the federal magistrate judge, not by a jury.

You would be smart to hire an experienced DUI attorney like Scott B. Ennis Esq. to represent you for your FIRST OFFENSE, MULTIPLE OFFENSE, COMPLEX OFFENSE, OR DUI in Federal District Magistrate Court. Call Scott Ennis on his cell phone ANYTIME to schedule a free consultation: (209) 200-7200.