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WHAT IS A DUI MILL"?

A "DUI mill" is usually a law firm operated by a lawyer who charges a lot of money, claims to have a large staff and office, but who rarely if ever speaks to you personally or handles your case personally after he or she has been paid. Often, defendants who have been release from jail after their arrest will receive dozens of letters in the mail "soliciting"  their business. What you find in many cases that someone else with little experience and not personal knowledge of you or your case will handle your matter. Unlike a "DUI mill", I personally answer all my own calls, give my personal phone and Email address to my clients, and personally handle your case. It is this personal attention that separates our office from these "DUI mill".

CAN A JUDGE GIVE ME A RESTRICTED LICENSE?

No. On the contrary, a judge can order that the DMV not give you a restricted license.

DOES A DUI MEAN THAT I WAS 'DRUNK WHILE DRIVING'?

No. DUI means that you were either driving when your ability to drive as a reasonable and sober person was impaired or when your blood alcohol level exceeded the legal level of .08%. You could haqve felt "sober" and still be guilty of DUI. DO DUIs INVOLVE ONLY ALCOHOL No. A defendant may be charged with a DUI after drinking alcohol, taking prescription drugs, illegal drugs, or any combination. One could also be charged with DUI if you smoked marijuana before or during driving.

CAN MY ATTORNEY APPEAR FOR ME IN COURT

Under most situations involving misdemeanor DUIs, we can appear in court without the accused. This allows our client the ability not to lose work or drive when their privilege to do so has been taken from them.

CAN MY CASE BE DISMISSED EVEN IF THE BLOOD ALCOHOL RESULTS ARE OVER.08%?

Yes. The chemical test is not infallible. Every test has its own strengths and weaknesses. One should never make a decision about your case until you have had an opportunity to review the police reports and other relevant evidence(statements from your witness, for example) with your attorney. Often people may wish to merely walk into court and plead guilty because they feel terrible about what happened. Before you do so, please take the time to review the evidence. Police reports and other evidence may be flawed. DUIs have lifetime consequences that may be avoided or reduced. Likewise, the police cannot  stop a person merely on suspicion or a hunch.We have been successful is dozens of cases over the years where the police were not legally justified in stopping our client. In these cases, the court has held that the police did not have a legally valid reason to stop and the evidence of excessive alcohol may be inadmissible.

CAN I GET THIS DUI OFF OF MY RECORD?

You may seek an expungement or record clearance of a conviction. This allows for a "removal" of a conviction for private sector employment. The conviction would remain on your record for purposes of future criminal charges, as well as for any public sector employment, licensure or the DMV. My first objective in representing my client is to have all charges dismissed. There are various ways of doing so in each case. We may attack a case of the facts or on legal grounds. If a dismissal is not possible then attempts are made to get the charges reduced and /or the penalties reduced.  I want my client to be seen in a personal light, separate from everyone else in court. I want the prosecution and the court to see all the positive accomplishments in our life in order to mitigate the punishment. I want the judge to be positively influenced by who you are so that he or she is more likely to exercise favorable discretion in your case. Over nearly 4 decades of criminal experience and as a Board Certified Criminal Specialist, I have handled thousands of cases involving DUI. I work with my clients to develop a strategy that meets with their personal goals and issues. I listen to their needs and offer assistance in and outside of the court.

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Congratulations to San Jose criminal defense attorney, Charles Mesirow, for selection in the 2010 Northern California Super Lawyers list.  Only five percent of attorneys in Northern California are chosed each year.


The Super Lawyers and Rising Stars selection process includes peer nominations, a panel review process, and indepedent research of each candidate.

Mr. Mesirow has been Board Certified by the California State Bar since 1977.  His substantial career in state and federal court has included more than 100 jury trials involving a myriad of criminal defense legal matters.   Mr. Mesirow was born in Los Angeles, California, and earned his undergraduate degree in Political Science at the University of California at Berkeley, in 1968.  He received his Juris Doctor in 1971, from California Western School of Law.  He is a former Senior Prosecutor with the District Attorney’s Office for the County of Santa Clara prosecuting major felonies and leading the Fraud Unit for the District Attorney’s Office for part of his tenure.  Since 1977, he has been a founding partner in the San Jose criminal defense law firm of Mesirow & Fink.    In his nearly four decades of criminal defense practice, Mr. Mesirow has defended clients charged with crimes involving million dollar allegations of securities fraud, tax, bankruptcy, embezzlement, bank and wire fraud, environmental law violations, sex offenses and drug offenses.

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A Kaiser orthopedic surgeon was involved in a crash that injured five individuals, including the surgeon. He was later arrested on suspicion of drunk driving.

Reports were that he was driving on the wrong side of the road which caused the crash.

In 1990, California was the fourth state to pass a law lowering the blood alcohol content limit to .08%. Since that time, it has been illegal to drive a motor vehicle with a blood alcohol content (BAC) of 0.08% or more. Driving under the influence of alcohol and/or drugs or driving with a blood alcohol content of 0.08% or more and causing an injury can be a felony where one could be sentenced to a state prison.

If you’ve been charged with a DUI, it is a good idea to speak with a San Jose DUI attorney about your incident.

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After being charged with a DUI, your records will be altered. Often times individuals are not aware that this happens. Having a DUI on your record can affect your life for sometime after your conviction. It’s important that you speak with a DUI attorney that can educate you on the numerous consequences and assist you in resolving these issues.

Following your arrest, a DUI record is created and typically gets registered into a criminal database. In addition, the DMV receives notice of your DUI record and adds it to their database as well.

There are additional offenses that can be added to your DUI record. Any criminal offenses that took place at the time of your arrest can be added. For instance, if you were asked to take a breathalyzer test and refused, this can be added to the DUI record.

Once the DUI record is registered in the databases mentioned above, they can be accessed by various organizations. For instance employers, insurance companies, and schools all can access the record. This can have very undesirable consequences as you can imagine.

What can be done to change this?

A first step is to speak with an experienced DUI attorney. With the proper guidance, there are ways you can lessen the severity of your DUI records. An experienced DUI attorney can help reduce your charges and in some cases even get them dismissed all together.

It’s important that you don’t delay in seeking counsel after your arrest. You have the right to request a hearing from the California department of motor vehicles. However, you can only request the hearing within ten days after you receive a suspension or revocation order from the DMV.

Hiring a qualified San Jose defense attorney can help you expunge your DUI record. This process can only take place by the way of a court order after an individual in given a petition in court. It is not a guarantee that your record will be expunged, however with the assistance of an attorney you will have a much better shot.

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