An Attorney Who Listens...

When dealing with the police, be respectful and also be aware of your rights. Don't try and plea your case to the arresting officer, it won't help. In fact, it can, and often times does hurt to do so. The right to remain silent is indeed a right and should be embraced by anyone facing the law. Be compliant and respectful, but as they say: "Tell it to the judge"... Instead, tell it to us.

We will listen to all aspects of your case. Attorney Chestnut has over 30 years experience in both sides of the law. Don't settle for an attorney who doesn't listen--just tells you what he or she wants you to do. Get someone who will listen. There are so many mistakes made by police, lawyers, judges, etc. Attorney Chestnut will work to uncover all of these mistakes and help you get back to life.

For more information, call the Offices of William Chestnut at  (408) 298-6990

Whom To Call If You Are Arrested In San Jose For A Dui.

Spring is here and Californians are migrating to the beach to cool off. A tradition as old as the Santa Ana winds. With that also comes an increase of drunk driving.

You spent the day at the beach drinking a few beers and soaking up some rays. A couple of hours go by and you think you’re fine to drive. The breathalyzer you are given on PCH begs to differ. You just won a 10,000 dollar debt and jail time... How do you feel?
Probably pretty scared. Luckily, our competent attorneys are well versed in California’s strict DUI laws and will comb through your case to find any and every discrepancy from law enforcement, jailers, judges, prosecutors, et al.

The law isn’t perfect. Neither are those who enforce it--which is why we try to be. If you have recently been arrested for a DUI, give us a call yesterday. Time is paramount. Don’t let the legal system treat you like a bingo ball. Bouncing around an encasement hoping your number gets called so you can get out. Don’t take your chances. Give us a call. We’ll pull your number and get you out so you can get back to the business of living.

Should I Take The Field Sobriety Test?

When an officer stops a motorist suspected of driving under the influence, the officer will typically ask the motorist to engage in one or more field sobriety tests. These are a dozen or more physical tests that supposedly determine whether the taker is inebriated by measuring coordination, balance, eye movement and/or language/memory skills. The officer who stops a motorist for suspected DUI will often ask the motorist to take several of these tests alongside the road. With any stop by a police officer, you must step out of your car if told to do so. What the officer will not reveal is that, unless under 21, the motorist is free to refuse the field sobriety tests.

Should an adult driver refuse the field sobriety tests at the scene? Yes.

First, most of the tests are of little value in determining sobriety. Studies commissioned by the National Highway Traffic Safety Administration have shown, of the many tests used, only three-the one-leg-stand, nystagmus (eye tracking), and walk-and-turn are effective in determining sobriety. Yet, California law enforcement officers often continue to use other tests, now known to be of little use.

Second, even a sober person can have trouble "passing" field sobriety tests. This is particularly the case when the person is nervous or suffers from physical problems or disabilities.

Third, the tests are administered roadside under less than controlled conditions by a police officer whose subjective opinion alone determines whether the motorist has "passed" or "failed."

Refusing the sobriety tests offered at the scene is to be distinguished from refusing to take a chemical test at the station, if the officer decides (after you refuse the FST's) he wants to take you down to the station to get a sample. If subsequently convicted of driving under the influence, after refusing a chemical test at the station (blood, breath, or urine), the court will consider additional jail time and your license will be suspended for one additional year. It is know as the "implied consent" law. If you are licensed to drive in California, you are duty-bound and impliedly consent to a chemical test to determine if you are under the influence.

If you are arrested on suspicion of DUI and are over 21 you should politely and courteously refuse to take the roadside sobriety tests then contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990.