Law Offices Of Monty S. Gill

Law Offices Of Monty S. Gill

Law Offices of Monty S. Gill is a highly respected law firm handling Criminal Defense, Personal Injury, Employment Law and Social Security Disability matters. We fight for you.

Firm Overview

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Main Office

Main Office
674 County Square Dr, Suite 209D

Ventura CA 93003

Phone

(805) 644-1071

Fax

SSDI

As a local Ventura Social Security Disability attorneyI will personally fight for your business.

SOCIAL SECURITY DISABILITY & SSI Our office is very experienced in handling Social Security Disability/SSI cases. In order to qualify, Social Security must find that: 1. You are disabled, either physically or mentally; 2. You are unable to engage in substantial gainful employment; 3. Your disability is expected to last at least for 12 months. We handle both Social Security Disability claims and SSI claims, and have extensive knowledge and experience in handling these cases. If you wish to discuss your case, call us at 805-644-1071, or email us.

Criminal Defense

As a local Ventura County defense attorney, I will aggressively defend you against criminal charges.

We handle ALL criminal cases including but not limited to: DUI Traffic Violations Suspended License Hit & Run Felony Auto Accidents Hacking Malicious Code Unauthorized Access Aiding, Abetting, Accessory Conspiracy Environmental Violations False Identification Felonies Grand Jury Proceedings Misdemeanors Parole Perjury Plea Negotiation Probation Violations Search & Seizure Sentence Modifications Animal Abuse Juvenile Matters Truancy Victims' Rights Expungement Drug Cultivation & Manufacturing Drug Possession Intent to Distribute Drugs Intent to Sell Drugs Illegal Possession or Transportation Other Weapons & Devices Bank Fraud Checks & Credit Cards Corporate Espionage & Sabotage Embezzlement Extortion Forgery Identity Theft Insurance Claims Money Laundering Public Offerings Smuggling Tax Evasion & Fraud Arson Burglary Embezzlement Larceny Shoplifting Theft Trespass Vandalism Warrants Abduction Domestic Violence Elder Abuse Child Abuse Child Pornography Indecent Exposure Prostitution, Solicitation, & Pandering Rape Sexual Assault Stalking Trafficking in Women Assault & Battery Domestic Violence Extortion Kidnapping Robbery ALL MISDEMEANORS AND FELONIES Before you plead guilty or take any other action which could affect you for years, please call us or email us to discuss your criminal case.

DUI and DWI

A Ventura County attorney providing aggressive representation for people charged with DUI

What is DUI? DUI is shorthand for Driving Under the Influence. In California, a person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is .08 or above. Is there anyway to avoid a DUI? It sounds simple, but don't drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive. Can I still be in trouble for driving, even if my BAC is below the legal limit? Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, etc. Does the car have to be moving for me to be guilty of DUI? No. You can be arrested for DUI by driving while over the legal BAC or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car. Do I have to submit to a breath, blood, or urine test? The answer to this question is Yes and No. After being stopped, a police officer will request you submit to a PAS Test. The PAS Test is done at the scene of your stop by you blowing into a handheld devise the police officer carries in the patrol car. You do not and should not submit to this test. However, you are required to submit to a breath or blood test back at the station after you are arrested. Refusing a breath or blood test is generally not a good idea as the motor vehicle department will automatically suspend your privilege to drive. In addition, your refusal to submit to a test upon the request of a law enforcement officer may be admissible in any criminal proceeding against you as evidence of you consciousness of guilt. By accepting the privilege extended by the State of California to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will accept to take the test. If I am arrested for a DUI, will I lose my license? The law enforcement officer will seize your license if you are arrested for DUI with an unlawful BAC or after you refused to submit to a chemical or physical test. Your license will be seized and the officer will issue you a temporary driver's license and as your notice of suspension. However, you may request a review of the driver's license suspension by the department of motor vehicles within 10 days following your arrest. It is very important that a review is requested because many times we are able to save your license for you. How long will I lose my license? In California, if you have refused to submit to a chemical test, your license will likely be suspended for a period of one year for a first refusal, or for eighteen months if you have previously refused to submit to such a test. If you have an unlawful BAC, your driving privilege will likely be suspended for four months for a first offense, and one year for a second offense. It is possible to obtain a restricted license allowing you to drive to and from work after an initial 30 day suspension. What else will happen to me? Once again, this varies from county to county in California. But more than likely, you will be given a jail term. Most counties, including Ventura County, mandatory 48 hour jail time on the first offense. In addition, most second offenses, results in a mandatory 30 day jail term and a third offense can result in a sentence in State prison. Furthermore, your insurance company may discontinue its coverage or at the very least, assign you to a high-risk category, resulting in a substantial increase in your premiums.

Monty S. Gill

Law Offices Of Monty S. Gill

Mr. Gill graduated from San Luis Obispo High School as a
Valedictorian. He obtained his Undergraduate training at the University of California, Santa Barbara. At U.C. Santa Barbara, he majored in Law & Society and Religious Studies, and was awarded the prestigious Dean's Honors in Fall 1989 and in Spring 1992.

After graduating from U.C.S.B., he enrolled at California Western School of Law for his law degree with a Dean's Scholarship. After graduating, he passed the California bar exam on his first attempt.

Mr. Gill is admitted to the State Bar of California and the United States District Court for the Central District of California. He is licensed to practice in all the courts of California, as well as the federal courts.

Mr. Gill is fluent in four languages.

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