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The Law Offices of Robert F. Sommers The Law Offices of Robert F. Sommers
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FAQ

Work Directly With An Attorney Backed by Thousands of Victories and Over 20 Years of Experience

  • Frequently Asked Questions

    • How Serious Are DUI Charges?
      Every charge should be considered serious, but certain offenses can result in more severe penalties. Even a first DUI charge in which the driver was barely over the 0.08% BAC limit, the driver can face severe penalties. These increase based on various circumstances and number of convictions.
    • What Penalties Might I Face?
      Penalties for a DUI conviction vary greatly depending on numerous factors involved in the arrest. For first time DUI offenses with no other factors, you may face a fine and driver’s license suspension, and maybe so many hours in jail. If your DUI is charged as a felony, you can face years in prison, driver’s license revocation, and costly fines. We can discuss your exact details and help you determine what you could be facing.
    • Are There Any Defenses That Could Be Used in My Case?
      We will look at your specific case to determine a defense that suits you best. Whether we look at the procedure of the arresting officer, the calibration of a breathalyzer, or a lack of probable cause, we will work tenaciously to find the defense that challenges the evidence against you.
    • Which Areas Do You Serve?
      Our firm covers numerous service areas, representing individuals charged with DUI in Los Angeles, Thousand Oaks, Woodland Hills, Ventura County, and Santa Barbara County. We are familiar with the courts, judges, and prosecutors. We have built a reputation for providing aggressive yet passionate representation.
    • Why Should I Choose the Law Offices of Robert F. Sommers?
      We have more than 20 years of experience and are members of the National Association of Criminal Defense Lawyers. We have handled over 5,000 cases and more than 50 trials. Our focus is exclusively on DUI defense. We have experience on both sides of the courtroom, building a strategy based on how we feel the prosecutor will work.
    • What Are the Different Types of Bankruptcy?

      There are a variety of bankruptcy types, each designated for different circumstances:

      • Chapter 7 Bankruptcy - In this form of bankruptcy, an individual settles his or her debts by selling off his or her assets. These assets will be “liquidated,” which means they will be used as payment toward outstanding debt.
      • Chapter 11 Bankruptcy - Chapter 11 bankruptcy is a recommended option for businesses that wish to continue, but need to restructure their repayment plan. This form of bankruptcy is typically more ongoing, and involves establishing new agreements and contractual rights to help make debt-repayment more bearable and realistic. In more rare cases, an individual can file for Chapter 11 if his or her amount of debt exceeds the limit set by Chapter 13.
      • Chapter 13 Bankruptcy - Chapter 13 involves restructuring the debt and repayment plans. It will last from three to five years, after which point some of the debt can be discharged.
    • Am I Eligible to File for Bankruptcy?

      To be eligible for Chapter 7 bankruptcy, you must pass the "means test," which evaluates your monthly income and monthly expenses to determine how much--if any--"disposable income" you have.

      To file for Chapter 13 bankruptcy, you must be current with your tax filings and make enough monthly income to keep up with the new repayment plan that the Chapter 13 establishes. Additionally, your total amount of debt must not exceed a certain number, which changes every three years based on the consumer price index.

      Chapter 11 bankruptcy can be initiated voluntarily by a business owner, or involuntarily if three or more creditors file a petition against the business. The business must then present to the bankruptcy court a plan for the debt restructure, which the court must then approve.

    • Can Bankruptcy Wipe out All of My Debt?

      Chapter 7 & 13 bankruptcy can wipe out most types of unsecured debt. Unsecured debt refers to debt for which a lender may not claim your property as a form of repayment. For example, debt related to a house or car is considered "secured debt" because a lender could have the right to seize that property if you fail to make payments.

      Bankruptcy cannot dissolve the following types of debt:

      • "Secured" debts like your mortgage or auto loan
      • Alimony or child support payments
      • Fines incurred as a penalty for breaking a law
      • Fines incurred from a personal injury case in which someone died or was injured as result of you driving while intoxicated
      • Student debt (except in very rare circumstances)
      • Most tax-related debt

      Bankruptcy can eliminate the following types of debt, among others:

      • Credit card debt
      • Personal loans
      • Overdue utility bills
      • Medical bills
      • Most types of debt incurred after a car accident
      • Debts from a divorce settlement
    • I Am Considering Filing for Bankruptcy. What Is the First Step?
      We highly recommend that your first step should be hiring a trustworthy bankruptcy lawyer. A lawyer will help you understand all of your legal options, including whether bankruptcy is right for you and which type of bankruptcy you should file if applicable. Having a skilled legal advocate by your side will help ensure that all of your paperwork is correct and that you avoid any mistakes that could jeopardize your success.
    • What Should I Do after Being Arrested for a DUI?
      Following a DUI arrest, it is important that you reach out to an attorney as soon as possible. You only have 10 days to request your DMV Hearing, which will allow you to challenge your license suspension. To better your chances of not having your license suspended, it is crucial to hire an experienced attorney who can represent you at the hearing. We understand how important your driving privileges are, and will do everything in our power to help you hold on to your license. The penalties that result from a DUI can be very severe, especially if it is not your first conviction. For this reason, it is essential to ensure the attorney working with you is one you can truly rely on to handle your case. We understand that every client is going through a different situation, and we ensure each client is provided with the customized defense they deserve.
    • What Are the Penalties for an Underage DUI?
      Underage drinking and driving accidents tend to end more disastrously because underage drinkers are often more reckless and less likely to wear seatbelts. Because underage drinkers cause a high number of alcohol-related auto fatalities, the standards are stricter and penalties are harsher for DUI offenders under the age of 21. Since California is a zero tolerance state, the driver's blood alcohol content level must be above a .01% for the driver to be convicted of driving under the influence. The penalties for underage DUI may include a jail sentence, heavy fines, and license suspension. With so much at stake for conviction of underage DUI, it is essential that you contact our firm as soon as possible after you or your child has been arrested. The sooner you begin working with us, the better your chances are of receiving minimal penalties.
    • I'm a First Time DUI Offender - What Can I Expect?
      The penalties for a DUI can be extremely harsh - even if the individual is a first time offender. California law states that if you are driving a vehicle, you have automatically given your consent to submit to a breath, blood, or urine test to determine what the amount of alcohol in your system is. Refusal to submit to such a test will result in an automatic one year suspension of your driver's license. Even first time offenders will have to deal with a jail sentence and heavy fines. Because the penalties for conviction of DUI can be so serious, it is essential that you contact our firm right away. We will build the strongest defense possible and, if we believe that your rights were violated at the time of your arrest, we will not hesitate to challenge the methods used by the arresting officer and will work to get the evidence gathered at the time of arrest, suppressed.
    • What Happens in Multiple DUI Offense Cases?
      While the penalties for conviction of a first time DUI offense can be harsh, the penalties for each additional DUI offense becomes increasingly severe. If you have been accused of DUI and already have been convicted of DUI before, it is essential that you contact our firm as soon as possible. You will be facing jail time, driver's license suspension, heavy fines, probation, and mandatory drug and alcohol counseling. These penalties are serious, however; you do not have to go through this troubling time alone. We stand ready to assist you from start to finish, and provide you with strong defense that is customized to meet your unique situation.
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