Practice Areas

• Accessory After the Fact
• Arson
• Assault & Battery
• Battery on a Peace Officer
• Assault with a Firearm
• Battery
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• Bail Review & Reduction
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• Driving with A Suspended License
• Drug Possession
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• Drug Possession for Personal Use
• Drug Possession for Sale
• DUI Defense
• I've been arrested for DUI. What happens to my Driver's License?
• DUI Under 21
• The 'Rising Blood Alcohol' Defense
• Attacking the Breath Test
• I've been arrested & cited for DUI? What happens next?
• Attacking the Blood Test
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• Vandalism
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• Warrant Recall
• Weapons Charges
• Witness Intimidation

The "No Driving" Defense

Our Torrance DUI Lawyers (South Bay DUI Lawyers, Los Angeles DUI lawyers) have a combined experience of more than 50 years defending persons accused of DUI. Our founding partners, Bruce McGregor and Robert Ernenwein, are former Los Angeles Deputy District Attorneys. Robert Ernenwein, one of our Co-founders, is Certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. Robert Ernenwein and Bruce McGregor have both been named "Super Lawyers" by Los Angeles Magazine. Robert Ernenwein has appeared as a legal analyst on multiple cable news programs, including Fox News. The experience and capabilities of the lawyers at McGregor & Ernenwein are unmatched.

 
Our extensive experience and knowledge give us the tools we need to successfully defend you against DUI charges.

Overview: The prosecutor must prove that you were actually "driving" a motor vehicle. This element becomes difficult for the prosecutor to prove if the police do not observe you driving.  If you pulled over to the curbside or a traffic collision occurred, and the police did not see you driving, the prosecutor has a more difficult case on it's hands. Also, your blood or breath test must have been obtained within 3 hours of the time you were driving.

What if I wasn’t driving when I was pulled over? Or if the police did not see me driving?

In order to be convicted of DUI, California Vehicle Code Sections 23152 and 23153 both require that you actually have been driving a motor vehicle. But what things constitute driving?

Most of the times this is not an issue. The police usually observe the DUI suspect driving a moving automobile on a highway, such that this element is often taken for granted and, therefore, there is no contention about this issue. However, on occasion, the arresting officer has not actually seen the conduct that, irrefutably, constitutes "driving." Instead, the officer has probably found the DUI suspect asleep on the front seat of a car which is lawfully parked, keys in the ignition, with the transmission set to "neutral" and the headlights and wipers on.

The California Supreme Court drew a contrast between the term "drive," normally understood to require there have been "volitional movement of the vehicle," and the term "driver," which CVC §305 defines as someone who is "either driving or in actual physical control." The Court said that the phrase "actual physical control" does not appear anywhere in the drunk driving offense statutes. Additionally, the Court noted that because "driver" is defined as a person who drives or is in actual physical control, the two terms (drive vs. actual physical control) must have different meanings. Mercer v. DMV (1991) 53 Cal.3d 753,

Interpreting the law strictly instead of broadly, the Court held that being in mere actual physical control of a vehicle is not enough to constitute "driving." Therefore, for purposes of the California drunk driving statutes, driving actually requires that the person exercise volitional movement of the vehicle.

Mind you, whether you were actually driving and whether there was direct proof of your driving are two separate issues. The prosecutor can establish that you were driving "circumstantially," in other words, by inference from whether you were observed exiting the driver’s side of your vehicle, the warmth of your engine and other tell-tale signs.

 
On the other hand, merely being found behind the wheel of a vehicle is not surefire proof that you were driving if the circumstances can show that you had pulled over to rest, your vehicle was off, you had been sleeping, or other facts indicating that you were in your car but had not been exercising "volitional movement of the vehicle." Based on the circumstances of your stop, our Torrance DUI lawyers (South Bay DUI lawyers, Los Angeles DUI lawyers) may be able to successfully advance this argument and have your case dismissed before or at trial.

  
Our California DUI defense lawyers represent clients throughout Southern California, including Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell gardens, Bellflower, Beverly Hills, Burbank, Calabasas, Carson, Cerritos, City of Industry, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, Eagle Rock, East Los Angeles, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Huntington Park, Inglewood, Inland Empire, Irwindale, La Canada Flintridge, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Marina Del Rey, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Playa Del Rey, Pomona, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Seal Beach, Santa Clarita, Santa Fe Springs, Santa Monica, Seal Beach, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, Torrance, Vernon, Watts, Walnut, West Covina, West Hollywood, Westlake Village, and Whittier.

 
If you have been arrested for DUI in Los Angeles or Orange County, you need to contact our DUI lawyers immediately. Contact us at 877-338-4489. Your consultation is free and we are available 24 hours a day. 

Blog for DUI Defense

• Top Questions Regarding Drunk Driving in South Bay

  Description: Were you accused of drunk driving in South Bay, California? If so, you need to read this blog to find answers to some big questions.

• Miranda Rights & Your Los Angeles County DUI Allegation

  Description: Were you informed of your Miranda rights when you were pulled over for DUI? If not, you may be able to beat your DUI in Los Angeles County.

• Paris Hilton’s Brother Must Pay $4.6 Million for Los Angeles DUI Crash

  Description: Have you been charged with DUI in California? Contact the Torrance criminal defense attorneys at McGregor & Ernenwein for help today.

• “Desperate Housewives” Star Arrested on Suspicion of DUI in LA

  Description: Actor Ricardo Chavira was arrested on suspicion of DUI. If you receive a DUI charge, contact the Torrance criminal defense attorneys at McGregor & Ernenwein.

• Rick Springfield Arrested for DUI in Malibu, California

  Description: Singer Rick Springfield was arrested recently on suspicion of DUI. Best known for his 1981 hit “Jessie’s Girl,” Springfield was allegedly administered a field sobriety test and then taken to the Malibu/Lost Hills Police Station. If you have been arrested for DUI, contact the Torrance criminal defense attorneys at McGregor & Ernenwein. We can defend you and walk you through the sentencing options.

• Former California-Based Olympic Gold Medalist Charged with DUI

  Description: In light of the recent arrest of an Olympic gold medalist for a DUI felony, the Torrance criminal defense attorneys at McGregor & Ernenwein have written a blog entry with information regarding bail in DUI cases. Read to find out more, or contact McGregor & Ernenwein today if you have been arrested for DUI.

• Refusing a Blood Alcohol Test after Being Arrested for DUI in California

  Description: California law states that you must take a blood alcohol test after being arrested on the suspicion of drunk driving. However, you still have options and should consider the best path for your case. Call our DUI lawyers today at (888) 338-4489 to learn more about your legal rights.

• Santa Ana Fatal Drunk Driving Car Crash

  Description: According to CBS, police arrested a 27-year-old man from Santa Ana on Tuesday, December 21, 2010 on suspicion of drunk driving and trying to leave the scene of a fatal crash. Our DUI defense lawyers have 50 combined years of experience defending DUIs involving injury or fatality.

• Drive Safe & Sober This Holiday Season

  Description: The holidays are prime time for DUI crackdowns, and getting caught drunk driving is an expensive and costly mistake. Drive sober and safe this holiday season. Call McGregor & Ernenwein today at (877) 338-4489 if you or a family member has been arrested for DUI in South Bay.

• What should I do if I have been arrested for DUI in California?

  Description: What should you do if you face DUI charges in Los Angeles? This article gives you the two main steps you must take, and shows how having an experienced attorney by your side can be invaluable. Call McGregor & Ernenwein Law Offices today to learn more at (877) 338-4489.

Library for The "No Driving" Defense:

• The 'No Driving' Defense
  Description: The prosecutor must prove that you were actually "driving" a motor vehicle. This element becomes difficult for the prosecutor to prove if the police do not observe you driving. If you pulled over to the curbside or a traffic collision occurred, and the police did not see you driving, the prosecutor has a more difficult case on it's hands. Also, your blood or breath test must have been obtained within 3 hours of the time you were driving.
• The "No Driving" Defense
  Description: The prosecutor must prove that you were actually "driving" a motor vehicle. This element becomes difficult for the prosecutor to prove if the police do not observe you driving. If you pulled over to the curbside or a traffic collision occurred, and the police did not see you driving, the prosecutor has a more difficult case on it's hands. Also, your blood or breath test must have been obtained within 3 hours of the time you were driving.

View All

Case Results for DUI Defense:

• Client who faced Felony DUI with 6 Years in Prison = Reduced to Misdemeanor and NO Jailtime.

Awarded: Client who faced Felony DUI with 6 Years in Prison = Reduced to Misdemeanor and NO Jailtime.

• Vehicle Code 23153(a) VC, Felony DUI Causing Injury, Reduced from Felony to Misdemeanor DUI, NO Jailtime & NO Community Service

Awarded: Vehicle Code 23153(a) VC, Felony DUI Causing Injury, Reduced from Felony to Misdemeanor DUI, NO Jailtime & NO Community Service

• DISMISSAL OF FELONY DUI CHARGE, REDUCTION TO STANDARD FIRST DUI, AND NO JAIL TIME

Awarded: DISMISSAL OF FELONY DUI CHARGE, REDUCTION TO STANDARD FIRST DUI, AND NO JAIL TIME

• Dismissal of DUI Charges

Awarded: Dismissal of DUI Charges

• Dismissal of DUI Charges in Spite of High Blood Alcohol Level

Awarded: Dismissal of DUI Charges in Spite of High Blood Alcohol Level

• DUI and Chemical Test Refusal Allegation Dismissed!

Awarded: Dismissal of Driving Under the Influence (DUI) Charge

Videos about DUI Defense:

• We are Rolling Hills Lawyers: Criminal and DUI Defense for 50+ Combined Years
• Top Torrance DUI and Criminal Defense Lawyers
• Happy Saint Patrick's Day!
• DUI with a Refusal Allegation
• DUI With and Without Injury
• No Driving Defense in a DUI Charge
• What We Do With Blood Tests In DUI Cases
• How To Fight Your Breathalyzer Results
• Fighting a DUI Charge
• Been Arrested For DUI? What Happens Next
• The "Rising Blood Alcohol" Defene