October 2016 Newsletter
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Preferred Client Personal Parking 


We have a Preferred Client personal parking space in front of our building for clients and potential clients who come to visit.

Speaking Engagement
On October 29, 2016, Attorney Virginia Landry will be speaking on a panel for the California Attorneys for Criminal Justice (CACJ) at the "CACJ Rules of the Road Seminar" in Palm Springs, California. Attorney Landry will be speaking on Jury Selection, her expertise and years of practicing highly sought after by the legal industry nationwide. The event will be held at the Renaissance Palm Springs Hotel. This seminar provides the latest in legal and tactical updates for DUI practitioners.
Factual Innocence Motions: How California Corrects Wrongful Arrests 

If you are wrongfully arrested you may be able to purge your arrest records by filing a motion to show your "factual innocence."

There are many reasons for doing this. Although you won't have a conviction on your record, the arrest will continue to appear on Department of Justice records. This could potentially lead to being looked over for a job or raise red flags in a college application.

If the charges were not filed or the case was dismissed or you were acquitted, you can file a motion for "factual innocence" under the California Penal Code 851.8.

The motion should be prepared by an experienced criminal defense lawyer and filed within three years of the arrest in the court that has jurisdiction over the crime.

The hearing to determine if you are "factually innocent" will be heard by a judge. If successful, all records associated with the arrest will be sealed by the arresting police agency and Department of Justice. This includes the arrest records and booking photos. 
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DUI Urban Legends: Don't Trust These Myths If You Plan to Drive
Myths are commonplace in the world of DUIs. Many drivers who choose to drive when intoxicated on multiple occasions believe they lead a charmed life because they have never been caught. That may be true until the night they have an accident or see flashing blue lights behind them from a patrol car.
Those myths about DUIs can be as hazy as their recollection of the night before if they have had one drink too many.
Here are six of the most common DUI myths in California.
1. The Two Drink Rule
Many people will tell you if you have two drinks or less you won't get a DUI. You can't rely on the two drink rule to beat a breath test. Your level of impairment can depend on a host of factors including the time of day, the rate of consumption, age, sex, the strength of the drinks, your emotional state and hydration level.
2. Using Mouthwash or Spray Can Lower your Blood/Alcohol Content
The urban myth that certain products can lower your BAC content has been around for some time. A breath spray or mouthwash might remove the smell of alcohol from your breath but it certainly won't help to pass a breath or blood test. Some of these products may contain small traces of alcohol and can actually elevate your BAC level. If a police officer sees you hastily spraying something into your mouth or rinsing, it may alert them to investigate further.
3. Coffee Can Sober You Up Fast
Coffee may make you feel more alert, but may also just make you feel more awake when still impaired to drive. It takes several hours for alcohol to be eliminated from the blood stream and unfortunately caffeine does not help metabolize alcohol any faster. Coffee may have a negative effect - you may feel more vigilant when in fact, you're still intoxicated.
4. The Breath Test is Always Accurate
Breath tests are not always accurate or consistently applied by police officers. Many different types of breathalyzers are used in California by law enforcement agencies. These devices are prone to a wide range of problems and malfunctions.
A study about a decade ago by Dr. Michael Hlastala of the University of Washington suggested breath tests are frequently unreliable. The anatomical structure of the lungs means the alcohol concentration in the breath can be influenced by factors including body temperature, lung volume, body size and breath temperature. Blood tests are more accurate but are not without problems. If a breathalyzer is malfunctioning or the officer is not using it properly, the officer is unlikely to tell you there's a problem. Don't believe the myth that breath tests are infallible.
5. A DUI is Just a Driving Offense - It's Not a Big Deal
Back in the 1970s drunk driving was not taken as seriously as it is today. People often received light sentences. Today, a DUI conviction can cost your employment, your livelihood and could land you in jail.
If you are arrested for allegedly driving under the influence with a BAC of 0.08 % or more, your driver's license will be confiscated by the arresting officer. You will receive a temporary driver's permit which will be valid for 30 days from the date of the arrest. You may be eligible for an extension if you call the DMV within 10 days from the date of the arrest.
If convicted of a DUI you will likely face ongoing issues such as a suspension of your driving privileges and a hike in your insurance premiums.
6. You Will Beat a DUI By Refusing to Take the Test
California has an implied consent law requiring you to take a test if you are lawfully arrested for a suspected DUI. A refusal can lead to more serious consequences with both the court and the DMV.
If you are arrested, the police officer should inform you that if you refuse to take the test, you will be fined, you will be stripped of your license, and you could be jailed if you are subsequently convicted of a DUI. Read more about California's implied consent law here.
If you have been charged with a DUI in Orange County, you should contact the Law Offices of Virginia L. Landry at (877) DUI-Queen as soon as possible for experienced legal representation.
A Note To Our Clients
  • To our current clients: Thank you for the opportunity to serve you during this difficult time
  • To our future clients: We look forward to working with you in your time of need.
  • To all reading this newsletter, please be sure to like us on Facebook. Click here.
Virginia Landry

Virginia L. Landry received her undergraduate degree from Northern Arizona University in 1982. She then went on to pursue her law degree from Western State University, graduating in 1988. The following year, Ms. Landry opened her own Law Office. As a nationally recognized Board Certified DUI Defense Attorney Specialist, Orange County Criminal Defense Attorney Virginia L. Landry, is able to practice law within all the California state courts and the Central District Court of the United States.


As a criminal defense lawyer with years of litigation and trial experience, Ms. Landry is fully prepared to handle criminal cases involving violent crimes, white collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Attorney Landry has successfully represented clients facing a variety of complex misdemeanor and felony charges.

In addition to her current position as Regent for the National College for DUI Defense (NCDD), Virginia serves on the Board of Directors for the California DUI Lawyers Association  as its Secretary. Virginia is one of only a handful of attorneys across the nation who is Board Certified in DUI Defense. She has also received her  certificate of instruction , successfully training participants in DWI Detection and Standardized Field Sobriety Testing Student and Instructor courses.


Virginia Landry served on two committees and was on the Orange County Bar Association's Board of Directors for three years, is a past President and current member of the West Orange County Bar Association, is currently a Sustaining Member for the California Attorneys for Criminal Justice and is a member of the National Association of Criminal Defense Lawyers serving as Co-Chair of the DUI / DWI Committee. Other local bar associations include the North Orange County Bar Association, The Newport Harbor Bar Association, the South Harbor Bar Association, the Western State University Alumni Association and the Northern Arizona University Alumni Association.

The Law Offices Of Virginia Landry Team