Law Office of William Conwell
Please Call : 877-DRUNK 13
Or 877-378-6513
Welcome to the Law Office of William Conwell...
I am a dedicated DUI and criminal defense lawyer with a reputation for being willing to go to trial. I produce results by finding flaws in the evidence or by using legal motions to challenge the admissibilty of evidence. In some cases, I have gotten dismissals because the DA failed to file the complaint in a timely manner or the police made an illegal stop and the evidence was suppressed.
I do not dabble in civil matters, this allows me to focus all of my energy on criminal and DUI defense. I participate in ongoing legal education specific to criminal and DUI defense regularly (far more than the California State Bar requires). These seminars provide me with the necessary training to take advantage of new cutting edge strategies in criminal and DUI defense as well as pertinent new cases. I am a member of the California DUI Lawyer's Association, California Public Defender's Association, the National Association of Criminal Defense Lawyers, NORML, and CANORML.
I do not charge for initial consultations in my office and I set appointments on evenings and weekends.
Please Call : 877-DRUNK 13
Or 877-378-6513
DUI DefenseDUI Offense Requires Immediate Action
The charge of Driving Under the Influence involves two separate proceedings: a criminal action filed by the state and an administrative proceeding initiated by the police officer and filed by the Department of Motor Vehicles. These proceedings affect both in-state and out-of-state drivers. To fully protect your driving privilege, you need to prevail in both proceedings.
In most instances, if you are arrested for driving under the influence you will automatically lose your privilege to drive if you do not request a hearing within 10 days of the date of arrest. That is why you need to contact my office as soon as possible after your arrest, even if you are contemplating using the public defender to defend your criminal case. You do not have a right to have an attorney appointed for you if you cannot afford one at an administrative hearing.
If you cannot afford an attorney at the criminal proceedings; I can represent you in the DMV action alone at a very affordable rate and then you are free to seek a public defender to handle the criminal case.
It is important to fight all charges of DUI because the law is becoming more strict every year. The law regarding prior offenses has extended the "look back" period to 10 years. The law regarding what is high blood alcohol was reduced from .20% Blood Alcohol Content to .15% Blood Alcohol Content just a couple of years ago.
DMV Action
Frequently, the ticket given by the police gives a court date months ahead. The pink temporary license provided is valid for thirty days. These facts frequently lull drivers into believing they can delay contacting an attorney and nothing will happen until the court date.
Nothing can be farther from the truth, if you don't request a hearing within 10 days of your arrest and you are given a pink temporary license, then you will most likely lose your driving privilege when the "pink" temporary license expires thirty days after your arrest. So act immediately!
Note there are enhanced penalties for those under the age of 21 and for commercial drivers that can result in lengthy suspensions or termination of your commercial driving privilege completely.
The DMV administrative hearing is completely separate from the criminal action. In most cases, the evidence consists entirely of documentary evidence and the rules of evidence. Careless errors made by the police, DMV's failure to put on sufficient evidence, or an affirmative defense may result in victory at the administrative hearing. A victory at the DMV hearing helps the criminal defense because it means that you keep your license while the criminal matter proceeds.
The DMV hearing is concerned with only 3 issues:
1. The peace officer had reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code section 23140, 23152, or 23153.
2. You were placed under lawful arrest.
3. You were driving a motor vehicle when you had .08% or more by weight of alcohol in your blood.
A DMV hearing is like a three legged stool. If you prevail on any one of these issues then you win the hearing. The evidentiary rules at these hearings may be based upon the California Evidence Code, but they are applied in a manner that are unique to DMV hearings.
If you win the DMV hearing then you have overcome the first hurdle to protect your driving privilege. Furthermore, by prevailing at the DMV hearing and later pleading to a lesser charge, this may result in reduced education expense and no suspension of your driving privilege. In some cases, a DMV hearing can be used to help the criminal case by giving me an opportunity to question the police officer under oath. Later at trial, this testimony can be used to lock down the officer's testimony or challenge the veracity of the police officer. This can be a potent weapon for the defense in a subsequent DUI trial.
It takes a skilled DUI lawyer to represent you at these hearings who understands the nuances of a DMV hearing. These hearings differ significantly from a criminal hearing due to the administrative nature of the proceedings.
Scientific Evidence
A DUI is unlike most other misdemeanor charges because the prosecution must rely upon scientific evidence in order to prove its case. Any problems that may exist with the police equipment, the manner the equipment was used or maintained, reasons why the equipment couldn't operate properly, (certain medical conditions may affect the accuracy of the equipment,) mean even the worst case may suddenly become a defensible one. Furthermore, there are many other defenses that may be applicable to your case, which a lay person may not realize exist.
I prepare each case as if it will go to trial because that is the only way I can test the prosecution's case and uncover any weaknesses. These weaknesses can also be used to assist the defense in plea negotiations to get reduced punishment.
Legal Research
Oftentimes, a DUI may raise issues regarding the validity of the traffic stop or other Fourth Amendment claims. Such claims may stop the prosecution cold in its tracks because if the evidence is suppressed, the basis for the prosecution cannot be used against you at trial.
Other legal issues include challenging prior convictions. A successful motion to strike a prior conviction results in reduced punishment because the prior conviction will no longer exist. In order to challenge a prior conviction, a lawyer must first acquire the record and weigh the merits of filing the motion before taking action. Speedy trial motions can be very effective in Lake County. If the case is more than one year old then the court may dismiss your case outright. I have had great success with these motions in this county.
I am very familiar with a variety of alternative sentencing that can be employed instead of jail, such as residential treatment. These alternatives can be very attractive in third and fourth offenses where the mandatory jail term can be quite long and no legal defense exists.
Some attorneys believe that the prosecution never varies from standard terms it typically offers. The reality could not be further from the truth. An attorney familiar with your case and the facts specific to your case can often get the prosecution to deviate from those terms. Sometimes I am able to get the prosecution to agree to community service time instead of jail, or, a reduced DMV school requirement; other times it may be more significant such as a plea to a wet reckless in a multiple offense case, or a dry reckless in a low blood alcohol case.
Other Benefits of Legal Representation
In most DUI cases, I can appear in court without you being present during many of the court proceedings. This saves you time because you will not miss work, potentially risk losing your job, or spending hours waiting in court. Additionally, you can spare yourself the embarrassment of having to tell your boss you need to go to court.
CredentialWILLIAM CONWELL, Esquire
122 Third Street, Suite C * Lakeport, CA 95453 * (707) 263-8220
Email: Click Here
EMPLOYMENT:
Solo-Practioner: Lake County
Since November 1, 2006
Tim A. Pori, Attorney at Law, Vallejo, CA
Associate: August 1, 2005 - July 30, 2006
Interned: January 2001 - December 2003
Joshua M. Dale, Attorney at Law, San Francisco, CA
Of Counsel: January 2004 - July 2005
Interned: July 2001 - December 2003
Eviction Defense Collaborative
Temporary hire: April 2003-July 2003
Interned: July 2001-December 2001
San Francisco District Attorney's Office, CA.
Intern: September 1999 - April 2001
Intern: January 1996 - January 1997
EDUCATION:
New College of California School of Law, San Francisco, CA., J.D., August 1999 - May 2002.
· Public Interest Law Journal: Senior Editor, 2001-2002; Style Editor, 2000-2001.
· Authored Law Journal Article Same Sex Marriage, published May 2002.
· Housing Clinic: Certified Law Student successfully represented 3 tenants in CA. Superior Court, 2001-2002.
Golden Gate College School of Law, San Francisco, CA.
· Preliminary Civil Trial Skills, Summer Program, 2000.
New College of California, B.A. Humanities, thesis Administration of Justice. 1999.
City College of California at San Francisco, Paralegal program, 1996-1998.
Achieved Dean's List 1997-1998.
CONTINUING EDUCATION SEMINARS:
California Public Defenders Association
Annual Homicide Defense Seminar (2003)
CALCRIM Seminar (2006)
Capital Case Defense Program, 4 days (2004)
Criminal Defense Practice Seminar (Solano Public Defender) (2006)
DUI Seminar (2003, 2004, 2005)
Felony Defense Practice Seminar, 2 days (2004, 2007)
Mastering Cross-Examination Seminar (2004, 2005, 2006, 2007)
San Diego Trial School, 6 days (2004)
San Francisco Public Defender Trial School, 2 days. (2004)
Writs and Appeals Seminar (2004)
California DUI Lawyers Association
Advanced DUI Defense Workshop (2006)
DMV and APS Hearing Winning Tactics Seminar (2005)
Draeger Workshop (2005)
DUI Defense Workshop (2004, 2008)
Lorman Seminar
DUI Law (2005)