Howard M. Van Elgort, Attorney at Law
831-462-4231
Been Arrested for DUI in Santa Cruz County?
Former Judge Howard Van ElGort Can Help.
Mr. Van Elgort has extensive experience in the criminal justice field. He has been a prosecutor, a public defender in the Federal and State court systems, a Judge and a private criminal defense practitioner. He has handled a wide variety of felony, misdemeanor and traffic cases.
His current practice is limited to criminal law cases with an emphasis on the defense of those accused of drunk driving (driving under the influence of alcohol and or drugs.)
In addition, Mr. Van Elgort helps clients with cases involving Domestic Violence (spouse & child abuse); Drugs (possession, use, transportation, and under the influence of controlled substances); Probation Violations; Criminal Threats; Assault and Battery; Child Abuse and Neglect; Theft (including fraud embezzlement and bad checks); Residential and Commercial Burglary; Juvenile Delinquency; and DMV license suspension and revocation hearings.
Howard Van Elgort serves clients in Santa Cruz, Monterey and San Benito Counties, including the communities of: Santa Cruz, Watsonville, Scotts Valley, Capitola, Soquel, Aptos, Boulder Creek, Ben Lomond, Felton, Davenport, Freedom, Corralitos, Monterey, Pacific Grove, Carmel, Carmel Valley, Marina, Prunedale, Castroville, Salinas, and Hollister. Member California DUI Lawyers Association, Member DUI Defenders
831-462-4231
Professional ExperienceApril 1997 - Present: Private law practice, Soquel, CA. Criminal defense only.
December 1996 - April 1997: Private law practice, San Francisco, CA. Sole practitioner handling criminal defense cases exclusively.
January 1996 - December 1996: Internet Marketing, Thetis Island, British Columbia. Conducted several home-based marketing businesses over the Internet.
January 1995 - December 1995: VP & General Counsel, Ground-Loc Systems, Inc. CA. & WA. Developed marketing strategies, programs and materials. Negotiated and prepared agreements. Analyzed production costs and product pricing.
January 1990 - December 1994: Private law practice, Joshua Tree, CA. Conducted all aspects of sole practitioner law office business unassisted by any other personnel. (criminal defense only).
January 1983 - December 1989: Private practice. Martin & Van Elgort, PLC., Yucca Valley, CA. Partner in two-man, three secretary general practice law firm with emphasis on litigation.
July 1979 - December 1982: Supervising Municipal Court Judge, Morongo Basin Division of the San Bernardino Municipal Court District, Joshua Tree CA. In addition to presiding over civil and criminal caseloads, I developed and implemented numerous innovative programs to improve the delivery of court services to the community.
January 1977 - June 1979: Judge of the Justice Court, Twentynine Palms Judicial District, San Bernardino County. Presided over both criminal and civil court cases and conducted private law practice on the side. Filed law suit requiring the State and County to upgrade the Court to a Municipal Court, thus bringing increased services to residents of the area.
October 1973 - December 1976: Assistant Public Defender for County of Riverside, Indio CA. In charge of branch offices in the desert portions of Riverside County. Supervised staff of 8 attorneys, 2 investigators and 2 secretaries.
January 1972 - October 1973: Deputy Federal Public Defender, Central District of California, Los Angeles. Staff attorney in newly formed federal program. Represented clients accused of various federal offenses.
June 1966 - January 1972: Executive Director of the Legal Aid Foundation of Long Beach. Developed and managed federally funded, 4 office, 18 attorney legal services program. Also served as a consultant on legal services for the Federal Office of Economic Opportunity.
July 1965 - June 1966: President and General Manager of private escrow corporation In Los Angeles. Operated small private escrow company consisting of 3 escrow officers.
October 1963 - July 1965: Deputy City Attorney, Los Angeles City Attorney's Office. (Criminal) July 1962 - October 1963: Private practice of law, Beverly Hills, California.
DUI Defense
SHOULD I FIGHT MY DUI ARREST?
Drunk driving (DUI or DWI) cases are not always open and shut situations. Frequently, these criminal cases involve very technical and complex legal issues. Criminal law attorneys who specialize in DUI (driving under the influence) cases look for the following potential legal and scientific issues:
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Did the police have “probable cause” to arrest the suspect for DUI (drunk driving or driving under the influence of alcohol and/or drugs)?
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Did the officer observe sufficient “objective symptoms” of intoxication to conduct a DUI (drunk driving) investigation?
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Did the arresting officer properly administer the field sobriety tests (FST’s) or balance and coordination test to determine whether or not to arrest the suspect for drunk driving or driving under the influence (DUI)?
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Was any in-field breath test administered in the proper manner and was the machine used in proper working order?
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Was an additional chemical test (blood or breath) conducted according to required procedures in the taking, handling and analysis of these samples?
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Was the equipment used to analyze test samples in proper working order and maintained in accordance with regulations?
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Were the test samples analyzed and the result reported according to state regulations, by a licensed laboratory, and in a scientifically approved manner?
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Was the arrestee’s blood alcohol level rising or falling at the time of driving and at the time of the chemical test sample.
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Were their any physiological reasons that would cause a false result on the breath machine (i.e.: GERD, residual mouth alcohol, heartburn, acid reflux disease, etc.)?
It is unlawful, in California, to drive a vehicle if your ability to be a safe and prudent driver is impaired by the use of alcohol, and/or drugs (even prescription medication). [VC§23152(a) sometimes erroneously referred to as “drunk driving”]. The evidence used by the prosecution to prove this charge includes the manner in which the vehicle was driven, ones objective symptoms of intoxication, the performance on the field balance and coordination or field sobriety tests, and the results of the chemical test (breath or blood). A person is presumed to be “under the influence” (DUI) if their blood alcohol level is .08% or greater. This however is a rebuttal presumption and reasonable doubt may exist that one is in fact guilty.
Additionally, it is illegal to drive a vehicle, in California, if, at the time, your blood alcohol level is .08% or greater. Here, the only essential evidence, other than the reasons for stopping the motorist, is the result of the breath or blood test.
Many DUI or drunk driving cases are borderline situations subject to plea negotiations with the prosecution and resulting in dispositions for lesser offenses. Everyone arrested for drunk driving or DUI/DWI should consult with a criminal lawyer who specializes in drunk driving defense before entering a guilty or no-contest plea. Call Howard Van Elgort for your free initial consultation at 800-KICK-DUI.
DUI Cases I will meet with you in my office or by phone, without charge, and with absolutely no obligation, to review your case. Here is a partial listing of some of the questions and issues that we will discuss:
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What will happen to me in Court? Should I plead guilty or not guilty?
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What will be my punishment if I plead or am found guilty?
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Can I do anything about the DMV license suspension? Should I request a DMV hearing? Call me before requesting hearing! (See note below).
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Do I need a lawyer?
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What are my options for legal representation?
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Was the chemical test (blood, breath or urine) accurate?
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What if I didn't take a chemical test?
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What was my true Blood Alcohol Concentration (BAC)?
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Did the officer have probable cause to detain and/or arrest me?
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Are there any defenses to my case?
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Did the law enforcement officer follow the correct procedures?
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Were any of my rights violated?
NOTE: DMV HEARING MUST BE REQUESTED WITHIN 10 DAYS OF YOUR ARREST.
OTHER CRIMINAL CASES
Here is a partial listing of some of the questions and issues that we will discuss if you have been arrested for some offense other than driving under the influence :
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What will happen to me in Court?
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Should I plead guilty or not guilty?
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What may be my punishment if I plead or am found guilty?
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Do I need a lawyer?
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What are my options for legal representation?
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Did the officer have probable cause to detain and/or arrest me?
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Are there any defenses to my case?
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Did the law enforcement officer follow the correct procedures?
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Were any of my rights violated?
Give me a call to schedule your free office or phone consultation.
831-462-4231
Serving clients in Santa Cruz, Monterey and San Benito Counties, including the communities of: Santa Cruz, Watsonville, Scotts Valley, Capitola, Soquel, Aptos, Boulder Creek, Ben Lomond, Felton, Davenport, Freedom, Corralitos, Monterey, Pacific Grove, Carmel, Carmel Valley, Marina, Prunedale, Castroville, Salinas, and Hollister