(909) 255-0658 Fax: (909) 253-7800 11801 Pierce Street, 2nd Fl

1255 West Colton Avenue, Suite 101, Redlands, CA 92374
Phone: (909) 255-0658 Fax: (909) 253-7800
11801 Pierce Street, 2nd Fl, Riverside, CA 92505
Phone: (951) 530-1586 Fax: (951) 579-4738
3281 East Guasti Road, 7th Fl, Ontario, CA 91761
Phone: (909) 657-9994 Fax: (909) 253-7800
Rev: 01/01/2014
Rev: 01/01/2014
Dear Client:
First off, I would like to welcome you to my office and let you know you are in good hands. I’ve
created this Client Handbook in order to help ease some of the stress that can be associated with
an often embarassing situation resulting from an arrest. For your convenience, I have included
some information in this handbook that helps to explain some of the Court and DMV (where
when applicable) processes so that you can simply refer to this handbook when you have a quick
question and would like to have an answer immediately.
There are various sections of this Handbook and it is intended to act as a primary resource when
you have a “quick” question. Most likely, someone has already asked it and it may be one that I
frequently get. If so, it is likely in this handbook. If you feel there is some information that
should be included here, please let us know.
Of course, you should always feel free call, e-mail, or text any questions you have. Additionally,
please feel free to use this handbook as a place to store any documents you receive from my
office or any other entity related to your case.
I look forward to assisting you with your case.
Sincerely,
Matthew Murillo,
Attorney at Law
Rev: 01/01/2014
The DMV Hearing process begins with my office requesting a hearing if you are still within
the 10 day window to request it. My office will always submit a request for a DMV Hearing by
fax, so that we have a record of that request. If you are on the 10th day, we will call the DMV
immediately after faxing the request in order to confirm that it was received. In all other
circumstances, I call DMV the day after submitting the request in order to confirm it was
received. In most circumstances, we may also schedule a hearing at that time.
While the DMV case is pending, your license remains valid, without any kind of restriction.
You only need to maintain a Temporary License. After release from custody, the Police Officer
should have provided you with a “Pink” Temporary License which is valid for 30 days. Close to
the expiration of that license, you should receive a new “white” temporary icense from the DMV
after your DMV Hearing has been requested and scheduled.
Sometimes, it is necessary to reschedule a hearing if we have not completed our investigation
or if an officer Is not available for testimony. When this happens, you will be notified as soon as
possible.
My office always investigates every case as if it were going to Trial, even though the hope is to
get the result we want, without the need to go to Trial. Because we fully investigate a case,
however, we expect to have every piece of evidence before we agree to proceed with the DMV
hearing. However, we cannot begin this investigation until we receive a copy of the Arrest
Report in your case from the DMV directly. Every case is different. Sometimes, I receive this
report several weeks before the DMV hearing and have plenty of time to issue subpoenas for all
of the evidence I wish to obtain. Sometimes, though, I don’t get the report until a couple of days
before the hearing. When this happens, I request a continuance in order to reschedule the
hearing and having enough time to issue a subpoena.
My office issues various subpoenas immediately after receiving a copy of the Arrest Report in
your case. When doing so, we are often requesting additional information that may help us
defend your case by arguing that your rights were violated, the officer lacked probable cause to
stop you, the officer lacked probable cause to arrest you, or some other legal argument.
Sometimes, those agencies charge a fee for providing those documents to me; sometimes, they
do not. We will never know whether that item of evidence will help your case until we can
examine it.
Rev: 01/01/2014
The important thing to remember between the date my office is retained and the date of your
DMV Hearing, is that we cannot get any information without first getting the Arrest Report. As
soon as my office received the Arrest Report, we will go through and redact any information that
I cannot legally allow you to see. Then, you will get a copy of the “modified” report so that
you can review it for accuracy. Until my office is given the report, I cannot tell you how
your case “looks” or provide you any updates beyond a date of hearing.
The investigation for the DMV hearing, however, is very critical in the way my office prepares a
case for Court. This investigation will allow me to prepare the case for some type of Motion in
Court, where we can seek to dismiss the case or ask the judge to prevent the District Attorney
from using certain evidence against you, such as with a Motion to Suppress Evidence.
A DMV Hearing is an informal process. At stake at this hearing is your driving privelege. This
hearing does not decide whether you are Innocent or Guilty in Court. This hearing also has no
influence over what happens in Court, just like what happens in Court has no influence on what
happens at this hearing.
However, you are still entitled to present and rebut evidnece and witnesses, as well as crossexamine witnesses the DMV brings. And this hearing still serves as an extremely useful tool in
preparing your Court case.
At the DMV Hearing, the DMV must prove its case well beyond simply having evidence that
your BAC level was above the .08% limit. It must prove that you were driving at the same
time your BAC level was .08% or greater. For drivers under 21, there is a “zero tolerance”
policy in effect and DMV simply must show that there was alcohol in one’s system, at the
time of driving. These issues, necessarily mean that it must also prove the Police Officer had a
valid reason to contact, or stop, you – an officer cannot stop you without some factual reason for
beleiving you were violating a law. Additionally, the officer must have Probable Cause to Arrest
you. If the Stop/Contact is unlawful, or if the Arrest itself is unlawful, the results of the blood or
breathe test you took, may not be used against you and must be thrown out.
In addition, the DMV Hearing could he to determine whethere there was a “Refusal” of a
chemical test. If that is the case, the BAC level makes no difference – only whether you refused
to submit to a chemical test. Although the other issues regarding lawful stop, arrest, etc., remain
viable defenses.
The DMV requires a different standard of proof then Court does, therefore, some strategic tactics
that works for the DMV hearing may not work in Court, and vice versa. Additionally, even if
the stop/contact, and arrest, are lawful, that doesn’t mean that the breath machine was properly
working or maintained, or that the blood sample was properly analyzed.
Rev: 01/01/2014
Most of the time, Respondents (this is the name used to refer to a licensee at the hearing) are not
required to attend. The only time I ask for your attendance is if you will present testimony.
This, however, rarely happens because this testimony can potentially be used against you in
Court. Although, you are welcome to attend the DMV hearing if you wish to do so.
The DMV Hearing Officer (the DMV’s version of a judge) never makes an oral decision on the
day of the hearing. Sometimes, they are made the next day. Sometimes, they are not made until
several weeks later. The decision will always be in writing and will be mailed to my office, as
well as you as soon as it is made.
The suspension period can be from “as low” as 4 months, to as high as several years, depending
on various factors that include prior suspension history. If the DMV decides to suspend your
license after holding the hearing, there are some things you can do to appeal that decision, which
may depend on whether there has been a resolution in Court yet. We will discuss these options if
the need arises. If it is a first offense, and you are over 21, you will also be eligible for a
restricted license. If you are under 21, or have prior offenses, we will discuss all of your options
if the need arises.
Rev: 01/01/2014
The Court process begins with an "Arraignment on the Complaint" hearing. Usually,
nothing happens at this hearing other than simply getting a copy of the police reports from the
Court, entering a plea of Not Guilty, and setting a new court date. At Arraignment, there are
three (3) options for entering of a plea - Guilty, No Contest, and Not Guilty. I NEVER enter a
"Guilty" plea at Arraignment. My office always enters a "Not Guilty" plea at the Arraignment
for two reasons. First, if you enter a "Guilty" plea, you must plead to the charged offense - in
this case, a DUI. Second, entering a "Not Guilty" plea allows us to negotiate a disposition with
the District Attorney. Additionally, entering a "Not Guilty" plea does not look negatively on you
and still allows you to change your plea later, if there is a settlement to your case.
This new Court date can vary depending on whether you have a Misdemeanor or Felony case. In
Misdemeanor cases, a “Pre-Trial” hearing is set after the arraignment. In Felony cases, it is
usually a “Preliminary” hearing that is set.
The Preliminary Hearing is a Probable Cause hearing. It is not the time for a judge to decide
whether you are guilty of the charged offense(s) or not. It is a “mini-trial” solely on the issue of
whether there is probable cause to believe that you committed the alleged offense. If the judge
believes there is sufficient evidnece to show that you committed the alleged offense(s), the case
will be allowed to proceed to an “Arraignment on the Information”. If not, then the case will be
dismissed. Here, proof beyond a reasonable doubt is not necessary. Facts to show you
probably committed the offense must only be proven by a properonderance of evidence – the
events “probably occurred”.
The Arraignment on the Information is essentially the same as the Arraignment on the
Complaint, except that the charges against you have been “Certified” to show that the DA has
enough evidence to proceed on the case. THIS DOES NOT MEAN THAT THE DA HAS
ENOUGH EVIDENCE TO CONVICT YOU. After a Not Guilty plea is entered at this stage,
the case then proceeds to the “Pre-Trial” stage.
Rev: 01/01/2014
Setting a "Pre-Trial" stage is where most of the investigation and negotiation with the District
Attorney occurs, in an effort to resolve the case through a settlement or dimissal without the need
of going to Trial.
Usually there are several Pre-Trial hearings in any case and, together, make-up the
negotiation/investigative stage of the Court process. Setting your case for "Pre-Trial” hearings
does NOT mean you must take your case to Trial. It it simply the name given to hearings at this
stage of a case. Some courts have different names for these hearings; such as, Pre-Trial Hearing,
or Trial Readiness Conference, etc.
Frequently, it is necessary to have several Pre-Trial hearings if we have not completed our
investigation or if we need to get more information from the District Attorney's office in order to
come to a resolution of the case without the need to go to Trial.
Other type of hearings will may also be scheduled at this stage, depending on the circumstances
of the case and what we may be able to do – such as a Motion to Suppress Evidence, or Motion
to Dismiss. These “other” types of hearings are mini-trials limited to very specific issues, that
DO NOT involve whether you are guilty or not.
The final stage is the “Trial” stage. This is where a Jury is selected and the District Attorney
must prove your guilt “beyond reasonable doubt”.
My office always investigates every case as if it were going to Trial, even though the hope is to
get the result we want, without the need to go to Trial. Generally, this investigation primarly
occurs through the District Attorney’s office by a “Request for Discovery” submitted to the
District Attorney handling your case. We are often requesting additional information that may
help us defend your case by arguing that your rights were violated, the officer lacked probable
cause to stop you, the officer lacked probable cause to arrest you, or some other legal argument.
Sometimes, those agencies charge a fee for providing those documents to me; sometimes, they
do not. We will never know whether that item of evidence will help your case until we can
examine it.
This investigation can cause the Court case to be post-poned, but is necessary to allow us to
provide you with appropriate advice and to properly negotiate a resolution to your case.
Rev: 01/01/2014
Most of the time, in misdemeanor cases, you will not be required to attend - though you are
welcome to attend any Court hearings if you would like to do so. You will, however, be required
to attend if we schedule a Motion hearing or set your case ready for Trial. For felony cases, you
MUST be present at each and every hearing.
Unless your case goes to Trial, or you plead Guilty at the Arraignment, the Court will never
decide whether you are Guilty until you have submitted a Plea Agreement for approval by the
Judge, or if you actually proceed to Trial and a Jury finds you guilty after that Trial. A Plea
Agreement will never be submitted by my office until after I have completed my investigation
and believe that negotiations with the District Attorney cannot proceed any further because we
have exhausted any potential agreements and cannot come to terms on one. When this happens,
you and your attorney will sit down, review the evidence received in your case, discuss the Plea
Agreement options on the table at that time, and your options will be explained to you in detail.
From there, we will talk through a course of action for how to proceed.
Rev: 01/01/2014
If your case goes to trial and you are found guilty or plead guilty to a criminal offense,
you may be sentenced by a judge depending on the circumstances of your case and your
past criminal record. There is a good possibility that you will be facing fines, potential
driver's license suspension or revocation, probation and lengthy jail or prison time,
among other consequences.
If you are a multiple offender and this is not your first arrest, your penalties will be higher
than those who are first time offenders. Your exact penalties will vary depending on the
circumstance and the judge, but it is almost always guaranteed that, if convicted, you will
have to pay higher fines, possibly spend lengthier time in jail or prison and have your
license suspended for up to three years.
If you feel that you were stopped and possibly arrested by an officer without probable
cause to do so, you may have a strong defense for your charges. Although being
wrongfully stopped does not necessarily dismiss your charges, it could bring forth a very
strong defense for an attorney to help build your case. It is important that you protect
your rights and if you feel that you were wrongfully stopped, you need to provide us with
all the details about why you believe you were wrongly stopped. With this information,
and comparing it to the evidence that we are able to obtain, we may be able to file a
Motion to Suppress Evidence to prevent the District Attorney from using certain evidence
against you.
My offices strongly believes in a single point of contact for you, the Client. This means
that you will be assigned an attorney to personally handle your case, not simply pass it on
to another attorney with no relationship to the firm. The firm’s belief is simple – When
you hire this law firm, you will be represented by this law firm at every hearing and every
stage of your case. Your case is assigned one attorney, and that attorney will handle your
case from start to finish. You will speak directly with your attorney about your case, at all
stages of the legal process, every step of the way. Attorneys are normally assigned
within the first week after our office is retained.
Rev: 01/01/2014
There is no need to call the office to find out how your hearing went. We do our best to prepare
you for anticipated outcome before a scheduled hearing date, so that you are aware, in advance,
of what will likely happen. When a new hearing date is scheduled, we will send you written
notification by mail or e-mail (if you have provided an e-mail address). Most hearings do not end
with a “result”. In Court, a hearing may end with an “understanding” or an “initial plea
agreement” that we will discuss with you, or simply a new date so that we can further our
investigation. At the DMV, we are never given a result on the same day. Those hearings are
either continued to allow for further investigation, or, if we proceed with the hearing, a decision
from the hearing will be mailed. Either way, if we receive important information to we feel you
need to know immediately, we will call you. Otherwise, you will receive a letter, e-mail or text
(whichever you request) with an update.
If you do call, however, please leave a message if we do not answer. DO NOT keep
calling every few minutes expecting to get in touch with someone. It ties up the phone
lines and helps no one. We do our best to return messages the same day.
At your DUI Arraignment hearing, the first time you appear in Court, the judge will
simply provide a copy of the arrest report to us, ask for a “plea” and schedule a new pretrial hearing date to come back. An Arraignment is only a hearing to advise you, the
“Defendant”, of the pending charges, and to make sure you understand those charges, as
well as rights; it is not a trial, and the Judge will not hear any arguments or excuses you
may have regarding legality of arrest or reasons why your license cannot/should not be
suspended. Those arguments are kept for Pre-Trial hearings.
Yes, and No. Most people believe that if an officer fails to show up at the first Court
hearing (Arraignment Hearing), then the case will be dismissed. This is only true for
Infraction offenses (i.e., minor speeding tickets). A DUI is a Misdemeanor offense.
This means that an Officer is not required to appear in Court until summoned to do so.
So, the only time your case could be dismissed for failing to appear is if the officer was
summoned by the Court to testify (such as for a Motion to Suppress Evidence,
Preliminary Hearing or Trial). Even if the Officer fails to appear, if there is a good
cause for that failure, the Judge does not have to dismiss your case.
Rev: 01/01/2014
If you were released on your Own Recognizance or bailed out, then the likelihood of
being arrested at the hearing is low. However, depending on the case and severity (i.e.,
injuries, multiple priors, etc), then being taken into custody is a possibility.
With any criminal charge – yes, a DUI is technically a “criminal” offense – jail time is
always a possibility. Depending on the severity (misdemeanor or felony), you could be
looking at a maximum term of one year in County jail (misdemeanors) or a sentencing
range of 16 months to 3 years, plus any additional enhancements. Your likelihood of
spending time in jail depends on the circumstances surrounding your case, including any
prior offense you have and what can be worked out with the District Attorney.
YES! While we cannot guarantee work release instead of jail, it is often possible to plea
bargain for Work Release, or some other custody alternative in order to minimize the
impact “custody” time has on your personal and professional life. Our attorneys have
successfully negotiated Work Release terms for many Clients, in addition to reduced
and/or dismissed charges.
Following a stop for a DUI offense, you will initially have your license revoked.
California recognizes implied consent law, which means that the automatic refusal of a
breath or blood test could result in your revocation immediately. Likewise, if you adhere
to the test and are found intoxicated, your license will be suspended as well, unless we
can show that it was the result of an unlawful contact, unlawful arrest, or invalid
chemical test. It is important that you work with us to defend your driving privileges.
Yes and no. You could have refused the blood, breath or urine test but the state of
California recognizes implied consent law. This law states that if you refuse a sobriety
test, your license may be suspended for one year or revoked for up to three. If you did
adhere to the test and it was determined that your blood alcohol level (BAC) was .08% or
higher, you still could lose your license.
Rev: 01/01/2014
The DMV hearing is an administrative proceeding following an arrest that determines the
suspension of your license. This process does not prove if you are innocent or guilty of
driving under the influence, but rather determines if there was probable cause for your
arrest, if you were intoxicated above a .08% blood alcohol content level and if you were
unlawfully arrested.
No, you do not have to be present at the DMV Hearing – in most circumstances.
Whenever possible, we try to avoid having you testify at the DMV Hearing because that
testimony can be used against you in Court, should your case go to trial. We want to
eliminate any possibility of that happening – especially if the Arresting Officer will be
testifying. If the officer will be testifying, there is a strong liklihood that we will be, at
least, showing transcripts to the District Attorney. If that is the case, we don’t want to
give them any further “ammunition” against you.
The decision whether to suspend your license or not never happens right after the DMV
Hearing. The DMV Hearing Officer will take anywhere between a couple of days to a
couple of weeks to make that determination. Once a decision is made, you and I will
both be notified by mail. If the DMV Hearing Officer determines that a suspension is
warranted, that suspension does not start until approximately one week after the
“Findings & Decision” letter is mailed out, so you can rest assured knowing there is no
possibility of you driving on a suspended license.
Immediately after my office receives the “Findings & Decision” letter from the DMV, we
will issue a separate letter to you explaining what steps you need to take to get a
restricted license (if you are eligible for one).
The answer to this questions depends on a variety of factors, such as, your age, whether
you have any priors, whether you refused a Chemical Test, what the rest of your driving
records looks like and what the current state of your license is. If the DMV deteremines a
suspension is warranted, and if you are eligible for a restricted license, we will discuss
that with you and let you know what steps must be taken to get it.
Rev: 01/01/2014
If your DMV Hearing was requested in time, you can rest assured that your license is not
suspended. If you retained our office prior to your DMV Hearing request deadline, we
have requested your hearing and it has been scheduled. Sometimes, when the DMV
believes that you were not properly served with a Notice of Suspension (the pink
temporary license you should have been given when arrested), it will send you some
documents. These documents, approximatley 4 pages total, will indicate your license is
suspended unless you request a hearing within a certain period of time from the date of
the documents. If your hearing is already requested, don’t worry about it. If you are
unsure if these are the documents you received, feel free to call your attorney, or send a
copy by fax or e-mail.
Rev: 01/01/2014
Provides SR-22 and other insurance services.
Ph: (800) 346-7370
Fax: (949) 788-1030
Email: insuredbyjohn@jmacins.com
5235 E. Hunter Ave., 2nd Floor
Anaheim, CA 92807
Provides SR-22 and other insurance services.
Ph: (949) 529-5060
Email: info@breatheeasyins.com
15441 Redhill Avenue, Suite A
Tustin, CA 92780
If convicted of an offense requiring this information, the Probation Department will
provide Work Release Information to you directly. Otherwise, because of the size of the
County, please contact our office if you would like the complete list of Court-Approved
Los Angeles County Drinking Driver Programs. It is fairly extensive.
If convicted of an offense requiring this information, the Probation Department will
provide Work Release Information to you directly. Otherwise, because of the size of the
County, please contact our office if you would like the complete list of Court-Approved
Los Angeles County Drinking Driver Programs. It is fairly extensive.
1777 Atlanta Ave, Suite G-1
Riverside, CA 92507
Ph: (951) 778-3500
Rev: 01/01/2014
45596 Fargo, Suite 6
Indio, CA 92201
Ph: (760) 863-8471
Report between 9:00 am – 4:00 pm. Do not report more than one (1) week before your
deadline report date. Bring $90 cash or Money Order to pay the processing fee.
Bring one of the following types of ID: DMV ID Card or Driver’s License; Valid
Federal or State Government Agency ID, Foreign Consulate ID; or a Passport. If you are
physically impaired and cannot perform manual labor, you must bring a note from your
doctor.
Blythe Court
Robert Presley Detention Center
265 North Broadway
4000 Orange Street
Blythe, CA 92225
Riverside, CA 92501
(760) 921-5921
(951) 955-4582
Indio Jail
46-057 Oasis Street
Indio, CA 92201
(760) 863-8658
Southwest Detention Center
30755-B Auld Road
Murrieta, CA 92563
(951) 696-3178
Smith Correctional Facility
1627 South Hargrave Avenue
Banning, CA 92220
(951) 922-7695 or (951) 922-7330
Report between 7:00 am – 12:00 pm, or 1:00 pm – 4:00 pm, Monday through Friday. You must
arrive at least 30-45 minutes early to allow for processing time. Bring $100.00 to pay the
processing fee. Bring one of the following types of ID: DMV ID Card or Driver’s License;
Valid Federal or State Government Agency ID, Foreign Consulate ID; or a Passport. If you are
physically impaired and cannot perform manual labor, you must bring a note from your doctor.
Glen Helen Rehabilitation Center Work Release Office
18000 Institution Road
San Bernardino, CA 92407
(909) 473-2580
Rev: 01/01/2014
ATTENDANCE REQUIREMENTS: Individuals must attend regularly. Wet Reckless
offenders are allowed 2 absences; First Offenders are allowed 5 absences; First Offender
Extended offenders are allowed a varied number of absences depending on the length of the
program; and Multiple Offenders are allowed 10 absences throughout the program.
FEES (AS OF 2013): The cost for the Wet Reckless program is $159.00 including an
enrollment fee of $75.00. The cost for the First Offender program is $528.00, including an
enrollment fee of $90.00. The cost for the First Offender Extended programs vary in total cost
and enrollment fee amount, depending on the length of the program. The cost for the Multiple
Offender program is $1,377.00 including an enrollment fee of $136.00.
POSSIBLE ADDITIONAL FEES: There could also be additional fees as follows: Transfer
Out Fee ($25.00); Make-Up Fees Per Absence ($15.00); Reinstatement Fee ($25.00); Transfer
Intake Fee ($45.00); Returned Checks Fee ($25.00); and DMV Completion Certificate (fee as
determined by DMV)
COUNTY DUI PROGRAM PROVIDERS:
Barstow
Jackson-Bibby Awareness Group*
222 East Main Street, Suite 218
Barstow, CA 92311
(760) 256-6114
Fontana
Rehabiliation Alcohol Program*
17205 Arrow Boulevard
Fontana, CA 92335
(909) 356-9390
Big Bear
Operation Breakthrough, Inc.
40880 Peddar Road
Big Bear Lake, CA 92315
(909) 866-5437
Needles
MHS Needles Center For Change
300 “H” Street
Needles, CA 92363
(760) 326-4590
Bloomington
Social Science Services, Inc.*
(Cedar House)
18612 Santa Ana
Bloomington, CA 92316
(909) 421-7120
Ontario
Valley Improvement Programs, Inc.
210 West “B” Street
Ontario, CA 91762
(909) 983-3665
Chino
Alcohol Education & Recovery Services*
12560 Central Avenue
Chino, CA 91710
(909) 591-4761
Rancho Cucamonga
Valley Improvement Programs, Inc.*
8540 Archibald Avenue, #A
Rancho Cucamonga, CA 91730
(909) 987-4036
*Saturday Classes Available
Rev: 01/01/2014
Redlands
Jackson-Bibby Awareness Group*
1200 Arizona St, Suite 10, Box B-10
Redlands, CA 92374
(909) 792-6925
Upland
Valley Improvement Programs, Inc.
1589 West Ninth Street, Suite E
Upland, CA 91786
(909) 985-2785
San Bernardino
Clearview
1896 Business Center Drive, Suite 101
San Bernardino, CA 92408
(909) 890-0202
Victorville
Dalton & Associates*
16200 Bear Valley Road, #111
Victorville, CA 92395
(760) 241-1777
Hase & Associates*
353 West Sixth Street
San Bernardino, CA 92401
(909) 888-0149
Jackson-Bibby Awareness Group*
14420 Civic Drive, Suite 3
Victorville, CA 92392
(760) 241-3300
MHS – Pegasus
2282 North Sierra Way
San Bernardino, CA 92405
(909) 881-1570
Yucca Valley
Morongo Basin Counseling & Recovery
Center (Choices)
55475 Santa Fe Trail
Yucca Valley, CA 92284
(760) 365-3022
Sky Forest
Rim Family Services*
28545 Highway 18
PO Bo 578
Sky Forest, CA 92385
(909) 336-1800
Rev: 01/01/2014
*Saturday Classes Available