Orange County DUI Lawyer Blog

A 21 year old Fullerton, California man plead guilty last month to manslaughter for the 2009 deaths of his two friends when he lost control of his truck and hit a tree in Santa Ana, California. His friends were passengers in his vehicle and were ejected upon impact. The young man had a blood-alcohol level above 0.10 percent at the time of the crash.

This young man's sentencing exposure depends upon whether he plead guilty to a misdemeanor vehicular manslaughter or felony vehicular manslaughter. There is also Gross Vehicular Manslaughter While Intoxicated. The sentence exposure is anywhere from 1 year in jail to 15 years to life in prison. Some of the determining factors are that the person was driving under the influence or DUI, that while they were DUI they committed an additional wrongful act and reckless driving such as speeding. Another determining factor is whether it was a first, second or third or more offense.

Fortunately there are legal defenses to DUI. An experienced Orange County California DUI Defense Attorney will be familiar with these defenses and the best way to utilize them to get the best result possible. A good DUI defense attorney would look at the validity of the intoxication evidence rather than some other reason for the impairment, as well as the blood or breath test results. Police procedures should always be looked at for possible misconduct. Other defenses might be that your negligence was not the actual cause of the death or in this Santa Ana case, deaths. And, lastly, the accident itself. Was there something other than your intoxication or negligence that caused the accident.

If you have been arrested and/or charged with Driving Under the Influence in Orange County California, whether involved in an accident or not, you will need a good Orange County California DUI attorney.

Continue reading "Fullerton Man Pleads Guilty to Manslaughter While Intoxicated" »

A 64 year old man was struck by a car in Irvine, CA, while walking across the street. The pedestrian suffered head trauma and broken bones and is in critical condition. The driver is suspected to have been driving under the influence of alcohol or drugs at the time. The accident is still being investigated to determine whether or not the driver had been drinking or was DWI prior to the accident. If it is determined that the driver was driving under the influence of alcohol or drugs when the accident happened, he or she faces possible felony DUI charges.

Someone who is arrested for driving under the influence of alcohol or drugs or DWI, will either be charged with a felony or a misdemeanor. First, second and third offenses are usually filed as misdemeanors. If, however, the driver is involved in an accident, kills or injures a person, or is arrested for a fourth DUI, the offense will be charged as a felony.

The penalties for misdemeanor DUI and felony DUI vary greatly. Someone being charged with a felony DUI faces a far greater punishment than someone being charged with a misdemeanor DUI.

An experienced Orange County drunk driving defense attorney will first try to determine whether, based on the facts, the charges will be filed as a misdemeanor or felony. If felony charges are filed, a good criminal defense attorney specializing in DUI, will try to get the charges reduced from a felony to a misdemeanor. If the defendant agrees to plead guilty to the lesser charge, the punishment is far less harsh.

Continue reading "Suspected DUI Collision May Result in Felony Charges Being Filed" »

Costa Mesa Police Department screened 475 out of 1,000 vehicles traveling through a checkpoint at 17th and Raymond Street on Tuesday night. They were checking for impaired drivers under the influence of alcohol or drugs, which resulting in 3 arrests for suspicion of DUI. Whether you live in Costa Mesa, Newport Beach, Irvine or Tustin, you'll need a qualified DUI attorney if you are charged with a DUI in Orange County.

Continue reading "Costa Mesa, California DUI checkpoint results in 3 arrests." »

The family and friends of Nick Adenhart will have to wait a bit longer to see if the DUI murder trial of Andrew Gallo, charged in the death of the Angels pitcher, will take place in Orange County or elsewhere.

Gallo's attorney was allowed to substitute in on his case, even though the Public Defender's office had done massive amounts of work on his behalf, and even though Gallo's new attorney didn't have the resources to research, write, file and argue all the motions a case of this caliber would require. Apparently, the court considered whether to relieve the PD completely, or direct it to continue its representation regarding various motions relative to the case.

In any event, the matter isn't settled for now, since the court continued the motion to a future date. This story points to an ongoing challenge for the private Orange County criminal defense bar. Should you accept a client's case, knowing that your ability to represent that person may be limited, based upon your own experience, staffing and the client's financial resources?

Whether your matter is in Westminster, Santa Ana, Irvine or Newport Beach, make sure you consult and retain a qualified Orange County Criminal Defense Attorney to assist you with a DUI murder or DUI manslaughter matter.

Continue reading "Orange County Judge Delays Venue Hearing in Angel Death Case" »

Rockfield Blvd. in Lake Forest must hold some kind of record for car collisions. In today's example, a 66-year old man who was recovering from hip surgery, slammed his car into two others and was found to have a blood alcohol content of nearly twice the legal limit.

This driver may have mixed his pain pills with alcohol, which can significantly enhance the effects of drinking. That his BA was so high surely didn't help. He'll need a very good Orange County DUI attorney to help him through the court process.

Whether you live in Westminster, Villa Park or Santa Ana, if you have been charged with DUI, call an experienced DUI defense attorney right away to assist you.

Continue reading "Lake Forest DUI had High Blood Alcohol" »

Wow. The folks up at the state capitol had a good idea: what if you were drunk and wanted to find out where the heck your taxi was? You just push the panic button!

This is good common sense. Make it as easy as possible for a drunk person to get a ride. You simply stumble out of the bar, push the app button on your phone, and voila! The phone dials the cab company, having determined your location via GPS. While you're trying to maintain your balance curbside, you can see your cab's progress via a map on your phone. This way you can avoid having to call an Orange County Criminal DUI attorney.

If the statistics show this works, expect this to become the hot app. Whether you live in Irvine, Newport Beach or Tustin, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

Continue reading "Orange County Residents Can Push DUI Magic button" »

Regrettably, no one is immune to the power of alcohol. Just ask a peace officer who's been arrested for DUI. Mark Wayne Hewlett of Orange, a Sheriff's deputy, was arrested on March 23 for DUI when he crashed his car into a tree at about two in the morning.

As many a CHP officer will tell you, the only people on the road after 12 are cops and drunks. This story sure fits that description. Let's hope the officer learns his lesson and considers himself lucky he didn't kill himself or anyone else.

Whether you live in Irvine, Newport Beach or Irvine or Tustin, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

Continue reading "Orange County Sheriff Deputy Charged in DUI" »

Hey Dummy! Don't drink and drive in Orange County on Super Bowl Sunday! Know why? The cops are out in force trying to protect the rest of us. Last year, eleven people died as a result of DUIs on Super Bowl Sunday.

Orange County residents know that it's dangerous to drink and drive. The police are using better and more accurate devices to determine sobriety. Your chances of winning a DUI case here in Orange County are slimmer and slimmer. There are ways to challenge the accuracy of the equipment used to arrest you, and ways of challenging the methods used in Field Sobriety Tests. But the truth is, the high percentage of cases result in pleas of guilty.

One step you can take to protect yourself if you have been drinking and are stopped by police, is to refuse the FSTs. You aren't required to take them. Nor are you required to take the Preliminary Alcohol Screen test. If the police are going to arrest you, you don't have to help them. You may legitimately feel that you aren't driving under the influence and don't want to say or do anything that may incriminate you.

Whether you live in Irvine, Newport Beach or Anaheim, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

Continue reading "Local Orange County Dummies Drink and Drive on Super Bowl Sunday" »

Ciera Stoelting, 21, of Santa Ana, fresh off a stint in state prison, was spotted one evening weaving down West McFadden in the city of Santa Ana. Police saw her, turned on their lights and, in a fit of great judgement, Ciera did what so many parolees do: she jammed the pedal to the floor and took off like a rabbit. After several miles of dangerous pursuit, she was arrested.

Shockingly, she was found to have narcotics in her car. Like so many before her, Stoelting chose the most dangerous path possible. Now, instead of a short recommitment for absconding parole, she is facing fresh felony evading and felony narcotics possession charges and will likely serve much more time.

The one good side to this story is that it didn't end in tragedy with a traffic death. Always look on the bright side of life.

Depending on the amount of drugs found, suspects can be charged with either a misdemeanor or felony charge. They face serious jail time if convicted. Whether you live in Tustin, Garden Grove or Ladera Ranch, if you are charged with drug offenses, call an experienced criminal defense attorney right away to assist you.

Continue reading "Parolee Arrested in Santa Ana While Driving Erratically" »

While this story doesn't involve alcohol, it does involve speed and recklessness, two components of death and injury in the DUI arena.

A 27 year-old saleswoman was out on a test drive a few days ago. Perhaps she was showing off. In any event, Amy Thomas lost control of a 2003 Corvette, spun the car across the roadway on Mill Creek Lane in Laguna Hills, wrapping the car around a tree and killing her.

Her passenger survived. This story is a sobering reminder that most of us cannot handle the limits of the cars we're driving and have to be extra careful around the streets of Orange County. Add the effects of alcohol into this story and perhaps more people could have lost their lives.

If you drink too much and want to get home, call a cab. Do not drive. Had this woman killed someone, instead of herself she could have faced life in prison. Whether you live in Newport Beach, Lake Forest or Anaheim Hills, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

Continue reading "Orange County Woman Dies During Test Drive" »

An Orange County prosecutor told a jury yesterday that Brittany Schuetz ignored her friends warnings not to drink and drive when she got into her car and later crashed into the car of April Whang, killing her instantly.

Schuetz had been drinking at a house party in Sherman Oaks and was returned to her car here in Orange County. Likely due to her intoxicated state, Scheutz declined her friends' pleas to wait until she was sober. Alcohol intoxication, as it increases, eliminates our inhibitions, those red flags in the brain when we're sober, that tell us not to do things that are dangerous.

That is why DUI murder charges are so tricky. The District Attorney argues that to blow off the warnings is a form of malice, a very high degree of recklessness that amounts to intent. But with the blood-alcohol level in her system, it was very likely she couldn't have formed such intent, couldn't have been able to consider the consequences of her actions. That is why the facts of the case suggest DUI manslaughter instead. Recklessness that doesn't rise to the level of intent to kill. The jury will decide.

Whether you live in Santa Ana, Irvine or Newport Beach, if you are charged with DUI manslaughter, call an experienced DUI defense attorney to assist you.

Continue reading "Santa Ana DUI Murder Defendant Ignored Warnings" »

This could have been much worse. Yonic Serafin Cardenas Patino, of Garden Grove, oiled up after a bit of drinking, crashed his minivan into Honda Civic and then into an OCTA bus filled with passengers.

Patino won the Trifecta: He had an active warrant for a suspended license charge, he didn't have a valid license, and he had previously been convicted of DUI! Oh, and he was on probation for domestic violence. When he's finished recuperating at the hospital, he's going to jail. He'll need a good lawyer. With multiple probation violations, a multiple injury DUI and an active warrant, it would be likely that the district attorney would charge him with a felony DUI.

Whether you live in Westminster, Villa Park or Santa Ana, if you have been charged with DUI, call an experienced criminal defense attorney right away to assist you.

Continue reading "Minivan Hits Orange County Transportation Van, Injures 7" »