Wool P David Law Office Of

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Traffic Law Attorneys, Attorneys, Criminal Law Attorneys

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Mon - Fri:	9:00 am - 5:00 pm

Places Near San Jose with Traffic Law Attorneys

Santa Clara (3 miles)
Milpitas (6 miles)
Alviso (7 miles)
Campbell (10 miles)
Sunnyvale (10 miles)
Cupertino (11 miles)
Mountain View (14 miles)
Saratoga (15 miles)

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Neighborhood: North San Jose
AKA: P David Wool Law Office
Categories: Traffic Law Attorneys, Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys

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Phone: (408) 260-0101

Address: 2055 Gateway Pl, San Jose, CA 95110

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Wool P David Law Office Of

Divorce
Child Abuse
If there is a minor child (14 years old or under) in the vehicle at the time of arrest the penalties can be enhanced - for each child, 2 days in jail and possible charges of child neglect and/or child endangerment.

Criminal Defense
The general (and safe) rule is to make no statement and sign nothing for the police. If the police are investigating you, you may or may not be aware of it. At some point, they may ask you to come into the station and give a statement. You may believe this is your chance to tell your side of the story, that's what they want you to believe but this is really not in your best interest. Understand that this is a very dangerous time for anyone charged or under investigation for a serious offense. Instead of talking to the police, hire a good criminal defense attorney. A good attorney can intercede on your behalf and talk to detectives. This is a great way to get valuable information and may result in charges not being filed. Most importantly, doing so will keep you from giving a statement that WILL ultimately be used against you. Remember that the police are not there to clear you of the charges; the police are there to make a case against you. Any statement you make will undoubtedly be used AGAINST you by the District Attorney. Even statements made by you that you believe to be harmless can be, and often are, the strongest piece of evidence against you. For example, the police may not know whether you were even in the area of an alleged crime. If you make a statement to the police saying that you were there but had nothing to do with it, the District Attorney no longer needs to prove your presence at the scene of the crime. You have just done that for them!
DUI/DWI
While each DUI case is factually different, the similarities are undeniable. The evidence against you consists generally of driving, personal observations of the officer(s), statements you have made, the field sobriety tests, and the chemical test. Of these, the single strongest piece of evidence is the chemical test followed by the driving and then the others.
Traffic Violations
The field sobriety tests (FSTs), more aptly named roadside agility tests, are commonly conducted under conditions averse to passing them. With traffic speeding by, on uneven surfaces, in all kinds of weather, the FSTs are inherently unfair to the participant from the start. There are over 20 tests that officers have used as FSTs, (see the complete listing in the FAQ section of this website) some clearly are more valid indicators of sobriety than others. Only three of the known FSTs have been recognized by NHTSA as valid enough indicators to be included in a "standardized battery" of tests. The NHTSA recommended tests include the "walk the line", "one leg stand", and nystagmus tests. The nystagmus eye test measures the degree of involuntary eye movement when the subject tracks an object held about one foot from the head as it moves from side to side.
Sex Crimes
In certain types of felony cases, most notably sex abuse and child molestation cases, the victims psychological and/or medical records may be relevant. A motion will be filed by your attorney to disclose that information. It is not automatically disclosed because of its privileged nature.
Robbery
They can arrest you - even if they do not have an arrest warrant - if they have probable cause or good reason to believe you committed a felony, such as armed robbery. (A felony is a crime of a more serious nature than a misdemeanor, usually punishable by imprisonment for more than a year.) They do not have to see you commit a felony in order to arrest you. They do, however, have to see you commit a misdemeanor in order to arrest you.
Burglary
If you are arrested, you can be taken into custody, which means that you are not free to leave the scene. Without being arrested, you can be detained, however, or held for brief questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a burglary site. A storekeeper can also detain you if he/she suspects you have stolen something until the police arrive.
Theft
Misdemeanors
It is illegal for a minor to knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by an adult, employed by a licensee under the Alcoholic Beverage Control Act, or following the reasonable instructions of his or her parent or legal guardian or other adult representative. Violation of this law is a misdemeanor.
Drug Crimes
As a former prosecuting attorney, I do not take serious criminals (murder, burglary, robbery or even drug cases) as my clients. In fact, I routinely refer clients with numerous drunk driving convictions on their record to other lawyers. Since my practice is 99% DUI, with most clients having clean records, many judges and DA's look favorably on my clients as normal productive people who will not be in trouble again. Thus, the "powers that be" are not as hesitant to "give my client's a break" knowing they are unlikely candidates to offend again (many times high risk, 'likely to re-offend' defendants are just not "given a break" at least partially because if they do get re-arrested questions may arise for the judge or DA, as to why they were given that "break" the first time).
Murder
Please be aware that many law offices will show you an experienced attorney up front only to assign your case later to a newer (and thus cheaper for them) lawyer. Since I am the ONLY attorney in this office, and one attorney is all you need on a DUI case like yours (after all this isn't a major criminal case like murder, rape or arson that demands a team of attorneys), you can be assured that I will handle your court case to it's successful conclusion.
Arson
Shoplifting
A "crime" is defined as any act or omission (of an act) in violation of a public law forbidding or commanding it. Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors, which cannot be punished by a term of jail over one year (like most drunk driving cases unless an injury is involved or many prior convictions are involved where a felony might be charged, other misdemeanors include shoplifting, prostitution, or vandalism).
Manslaughter
Prostitution
Hit and Run
The fact alone that there was an accident involved is enough to merit harsher penalties in most courts. If you leave the scene of an accident prematurely, you could additionally be charged with "hit and run". If an injury resulted from the accident, you could be charged with a more serious "DUI Producing Injury" charge (leading to more jail time and a one year license suspension) or even felony DUI charges exposing you to state prison.

Business and Corporate Law

Business Transactions
Many lawyers handle criminal defense cases only for the excitement and novelty of the case and use civil cases, such as divorce, business transactions and wills, as the main source of their income. This criminal defense practice may be satisfactory if you are fighting a traffic ticket, but is not adequate if you are fighting for your freedom or your driver's license!

Property Damage
There was an accident involving property damage or injury (with property damage the court becomes concerned with restitution or making sure the victims have been compensated)

Personal Injury

Trusts and Estates

Wills

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