The Law Offices of Mark A. Gallagher

Please Call (800) KICK DUI

Mark A. Gallagher is a highly experienced attorney who has successfully handled thousands of cases in Southern California. Mr. Gallagher has appeared in virtually every courthouse in Southern California and he is currently accepting cases in the following counties-Orange, Los Angeles, Riverside, San Bernardino, Ventura, and San Diego. If you are facing a criminal charge, don't face the system without an experienced lawyer on your side. If you have ever been to court before, you know that it feels like the entire system is working against you. Call now to get The Law Offices of Mark A. Gallagher on YOUR side.

About Attorney Mark A. Gallagher

I have been practicing law for 8 years in Southern California. I have always rooted for the underdog and I have always wanted to help others. In the world of criminal law, this makes me a defense attorney. If you have ever been to court or if you or a loved one has been arrested, you know that it feels as if the entire system is working against you. My goal is to be the one person who is on your side. I have developed strong relationships with the judges and prosecutors in Southern California that allow me to get results for my clients. I know when the time is right to take a deal and when a case should go to trial. Many lawyers in Southern California call me for advice on criminal and juvenile law matters every day. Why hire someone else and have them seek my help when you can put me to work directly for you? I know my way around the system and I have the skills to make sure that your case does not become another statistic. You will receive personal service from beginning to end and I will take the time to get you the best possible result.

The Law Offices of Mark A. Gallagher

BACKGROUND

I have been practicing law for 8 years in Southern California. I have always rooted for the underdog and I have always wanted to help others. In the world of criminal law, this makes me a defense attorney. If you have ever been to court or if you or a loved one has been arrested, you know that it feels as if the entire system is working against you. My goal is to be the one person who is on your side. I have developed strong relationships with the judges and prosecutors in Southern California that allow me to get results for my clients. I know when the time is right to take a deal and when a case should go to trial. Many lawyers in Southern California call me for advice on criminal and juvenile law matters every day. Why hire someone else and have them seek my help when you can put me to work directly for you? I know my way around the system and I have the skills to make sure that your case does not become another statistic. You will receive personal service from beginning to end and I will take the time to get you the best possible result.

EDUCATION

• University of San Diego
  Bachelor of Arts-Philosophy
• Universidad de Guadalajara
  Summer Abroad Program
• Pepperdine University School of Law
  Juris Doctorate

PROFESSIONAL ASSOCIATIONS

• State Bar of California
  no history of discipline
• US District Court
  Southern District of California
• Orange County Bar Association
• Liability Insurance Policy in full force and effect

Please Call (800) KICK DUI

I GOT STOPPED FOR A DUI, WHAT HAPPENS NEXT?  DO I NEED AN ATTORNEY?        CAN I LEGALLY DRIVE? 

If you have been been arrested or received a citation for driving under the influence or if you have been involved in an accident with alcohol or drugs involved, you need a qualified attorney immediately.   If you don't call us, call someone else, because the penalties for a DUI can be severe.  Going through the process without a lawyer is almost always a major mistake.

Every DUI case involves two major components, The DMV hearing and the Criminal Court system.   Many law firms specialize in DUI law or DMV law, but you need soemone that can handle both.   At The Law Offices of Mark A. Gallagher we have the skill and experience to handle your DUI case with both the DMV and the Court from start to finish.

DMV HEARINGS IN A DUI CASE

The first attack on your freedom comes from the DMV which has control over your privilege to drive in the State of California.  For many Californians, the privilege to drive is a necessity.   With a lack of public transportation and a car based economy, no car often means no job.

Based on California's Administrative Per Se Law, most drivers will have their license taken at the time of arrest in a practice known as "stop and snatch".   If you feel this law is the equivalent of guilty till proven innocent, you are 100% correct.  True, you have been accused of a crime but whatever happened to innocent until proven guilty? 

You were likely given a piece of paper at the time your license was taken and told that the temporary license will be good for 30 days.  DO NOT FALL INTO THIS TRAP.  IF YOU WAIT 30 DAYS TO DO SOMETHING ABOUT THIS YOUR LICENSE WILL BE SUSPENDED AUTOMATICALLY. YOU ONLY HAVE 10 DAYS from the date of the alleged DUI to request a hearing from the DMV and put a stop to the automatic suspension.  Exercise your rights now and call to put the Law Offices of Mark A. Gallagher ON YOUR SIDE!

Once you have retained our services, we will immediately request a hearing from the DMV and challenge the suspension.  Even better, in almost all cases we are able to get a "stay" of the suspension which means that your license will stay valid while we prepare your defense.   We will obtain copies of all the reports from the DMV and provide you with copies or access to them at your request so that you may review them with a qualified attorney and discuss the best possible defense.

Mr. Gallagher has earned his clients many "set asides" at DMV hearings.  In DMV language a "set aside" is a win.   This means that the automatic or admin per se suspension that goes into effect immediately after a DUI arrest has been cancelled or set aside.   Remember, with the DMV you are guilty until proven innocent.  

If the hearing is lost, the fight is not over.   After an adverse ruling from the DMV a client or "licensee" has many options.  First, a departmental review can be requested at the DMV.   Second, a writ can be taken to Superior Court.  Finally, the criminal case can be taken to trial.  A not guilty verdict by jury on the charge of 23152(b), also known as the "B" count, will trigger an automatic reversal of any adverse DMV ruling.

If the hearing is lost and the client choses to not pursue any further legal action, the next step is getting your license back.  Depending on the facts of your case and the previous condition of your driving record, there is usually a period of suspension.   Our office will help you understand the terms of the suspension and come up with the best plan of action that will get your license back in your wallet as soon as possible.   In many situations, taking the right steps can lead to a restricted license almost immediately if the right steps are taken.   Navigating this maze at the DMV requires experience and skill.  Put us to work for you today!

CRIMINAL COURT PROCEEDINGS IN A DUI CASE

The second attack comes from the California Criminal Court system.   In most counties in Southern California, the District Attorney for the county will be prosecuting your case.  In some cities, DUI cases are prosecuted by the City Attorney's Office.

Under either scenario, a well funded team of highly trained lawyers, law enforcement officers, forensic scientists, and investigators will all be working AGAINST YOU.   Only a fool would walk alone into a hungry lions den and this is exactly what you are doing if you plan to represent yourself in a DUI prosecution.

You need someone who is ON YOUR SIDE.  Someone who knows the law, knows the players on the other team, and has the skills to protect your legal rights.

At the The Law Offices of Mark A. Gallagher, we have access to a team of professionals ON YOUR SIDE.   Put us to work for you and see what a difference we can make.  In many cases, you will never even have to appear in court. 

MULTIPLE OFFENDER DUI CASES 

If you have a previous DUI on your record, the potential penalties are increased dramatically.  Under current California law a DUI charge is priorable for 10 years.   This does NOT mean that your prior DUI's are erased from your record after 10 years, but it does mean that they can only be alleged in the complaint by the prosecutor for statutory enhancement for 10 years.

Every case is different and you need to speak directly to an experienced attorney to determine the exact penalties you could face and how to best avoid them. 

The mandatory minimums for multiple offenders in California are as follows

• 2nd time DUI-96 hours in custody and 18 month program
• 3rd time DUI-120 days in custody and 18 month program, IID or steering wheel breathalyzer
• 4th time DUI-FELONY

While all of California uses the same Penal Code or book of laws, depending on the location of your arrest, the actual penalties for a 2nd time DUI can vary greatly.  For an example of how this plays out, see the chart below.  Keep in mind that every case is different and these are merely averages based on recent cases

• Orange County-DA's are routinely seeking 60-90 days of jail on 2nd time DUI's.  Orange County DA's vigorously oppose home confinement, weekends, or work furlough.   Many people convicted of a 2nd DUI in Orange County are behind bars in a real jail. 
• Riverside County-weekender program which allows for work on the weekends and release during the week or home confinement (electronic monitoring) is more readily available due to jail overcrowding.
• San Bernardino-weekender program generally available but the SBDA has recently begun opposing home confinement in these cases
• Los Angeles-varies greatly from courthouse to courthouse.  Some jurisdictions in LA county are still offering the minimum of 96 hours while others are adopting the more punitive Orange County model.   The timing and specific details of how your plea and sentencing are handled will have a huge effect on the actual time you serve in LA.  It is critical that you hire a lawyer familiar with the local rules and the current status of jail overcrowding.
• San Diego-96 hours, or two consecutive weekends is still available in many situations.

DUI CASES WITH INJURIES

In a DUI with injury case, things get serious quickly.  Even a first time DUI can be charged as a felony if the case results in injuries to another party.   DUI cases with injuries also carry increased penalties at the DMV, as well as civil liablility issues.    If someone was injured in your DUI case, please contact a lawyer immediately for assistance.

DUI CASE ENHANCEMENTS

There are many situations under the Vehicle Code which provide for enhancements or increased penalties.   The theory is that these situations either represent a more serious violation of the law and/or a greater risk to public safety.   Examples include speeding while DUI, having a child present in the car while DUI, DUI without a valid driver license, DUI with a suspended license, DUI with a high blood alcohol concentration, and refusal to submit to chemical testing under California's implied consent statute.

DRIVING ON A SUSPENDED LICENSE

Driving on a suspended license is one of the most over prosecuted crimes in the State of California.   Many clients are often shocked to find out that you can and will receive jail time for this offense.   Even worse, this offense is priorable which means that each time it happens, the penalty goes up.

There are literally thousands of inmates in the jails of Southern California who have comitted no crime other than driving to work, or picking up their children from school.    While many Californians believe they have a "right to drive", the courts and the DMV see it differently.   Between the outrageous fines collected in these cases, the jail time served, and the point system at the DMV, many people simply give up on getting their license back and just throw the dice everytime they get behind the wheel.

If you have been charged with driving on a suspended license, call our office to straighten things out now before they get worse.   We can help minimize the penalties and expedite the process of getting your license back in your pocket.

HIT AND RUN CASES

Hit and run cases can often be resolved by making arrangements to take care of the damages.   By making the sure the other party is made whole, it is often possible to get a reduced sentence or to have the case dismissed entirely under Penal Code 1377-1378.  This is also known as a "civil compromise".   Hit and run cases will also present excellent opportunities for trial.   As you can imagine, identification issues are often the key to a good defense.   If you have been falsely accused of a hit and run, or if you made a mistake and you want to fix it without getting thrown in jail, give us a call.

"Our son was facing life in prison on an attempted murder charge with gang enhancements.   The public defender told us the best deal we could get was 25 years and called my son an idiot for turning it down.  We hired Mr. Gallagher's office and our son will be paroled before his 30th birthday."

Linda B., mother of client Jesse B.

"I got a pulled over on my way back to San Diego one night.   I hired Mr. Gallagher's office so I could avoid making the trip back to Orange County to deal with the case.    I knew he would save me time and money but to my suprise the next call I received was to tell me the case had been dismissed entirely.  It was like it never happened.  No points, no fines, no school.  Needless to say, next time I need a lawyer my first call will be to the Law Offices of Mark A. Gallagher"

Client Chris E. 

"Mr. Gallagher helped get our family through a difficult time.   When I first heard that my son was arrested for a felony, we had no idea what to expect.   Mark answered our questions and guided us through the process step by step.  Any time we had an issue he was available and ready to help.   I am proud to say that today, my son's case is dismissed entirely and the whole proceeding is over.  I highly recommend the Law Offices of Mark A. Gallagher to anyone facing a criminal charge."

Dr. Solar B., father of client Shane B.

"I will never forget what you told me that first day in court.   You told me it would be a circus in there and you could not have been more right.   The system is a mess, but I always felt like everything would be OK having you on my side "

Client Carter H

Orange County CA DUI Lawyer