Orange County DUI Lawyer Blog

If you have been arrested for DUI in Orange County, there are some distinctions you need to know about your criminal case and your driver’s license. The DMV hearing is an administrative proceeding addressing your driving privileges and the circumstances surrounding the arrest--not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed at the DMV Hearing:

If you took a blood or breath or a urine test:

• Did the peace officer have reasonable cause to believe you were driving a motor
vehicle in violation of California DUI Statutes?
• Was your arrest lawful?
• Did you have 0.08% or more alcohol by weight in your blood?

If you refused or failed to complete a blood, breath test, or a urine test:

• Did the peace officer have reasonable cause to believe you were driving a motor
vehicle in violation of California DUI Statutes?
• Was your arrest lawful?
• Were you told that if you refused to submit to or failed to complete a test of your
blood, breath, or (when applicable) urine, your driving privilege would be suspended
for one year or revoked for two or three years?
• Did you refuse to submit to or failed to complete a blood or breath test, or a urine
test after being requested to do so by a peace officer?

If the answer is “No” to any of these questions, then it may be possible to restore your driving privileges, despite having a pending criminal DUI matter in the courts.

A good DUI attorney knows how to navigate the administrative complexities of the DMV and can explain how the system works. If you have been arrested for DUI, you must act quickly to protect your driving privileges. Orange County DUI Attorney William Weinberg represents clients in DUI matters throughout the Los Angeles area. Contact him at (714) 834-1400 for a consultation.

The Orange County District Attorney's Office has obtained a grand jury indictment against a 20-year-old woman accused of killing another young woman while driving drunk.

According to reports, in the early morning of February 1st, Brittney Schuetz was driving between 90 and 100 mph on Imperial Highway when she failed to stop at a red light and collided with April Whang's Acura Integra. According to reports, La Habra police found Schuetz sitting in the driver's seat showing signs of intoxication, including giving off a strong odor of alcohol, having bloodshot eyes and watery eyes. Schuetz is accused of driving with a blood-alcohol content of 0.24 percent, three times the legal limit, while on probation from a 2007 driving-under-the-influence conviction.

Following the February 1st crash, the District Attorney's Office charged the Santa Ana woman by felony complaint with one count of Murder. Yesterday's grand jury indictment will allow prosecutors the opportunity to bring the case to trial more quickly by skipping a preliminary hearing. Preliminary hearings are usually after the arraignment, and is a preliminary determination where the judge decides whether there is enough evidence to force the defendant to stand trial. Defendant's are not entitled to a preliminary hearing if the grand jury passes down an indictment.

At the preliminary hearing, the judge makes determination whether the state has a case using the probable cause standard--which is much lower than the state's burden at trial which is to prove their case beyond a reasonable doubt. Preliminary hearings are important to a defense for many reasons. For one, it gives the defense an opportunity to cross examine the state's witnesses on the record which could be a great tool to use against them at trial. Second, if probable cause is not found, a judge can release the defendant who is held with no bond.

Continue reading " Santa Ana DUI Attorney News Update: Grand jury indictment added to murder charge in Orange County DUI case " »

MSNBC is reporting that former Los Angeles Lakers Norm Nixon when arrested last night for allegedly driving drunk. The two-time NBA All-Star with two championships under his belt was booked and posted $5,000 bail. Nixon played with the Lakers from 1977 to 1983 and is married to actress/dancer Debbie Allen.

Nixon was stopped by the California Highway Patrol around midnight when officers noticed he had no front license plate on his black Ferrari. Officers reportedly smelled alcohol and gave Nixon a series of sobriety tests, which the ex-point guard allegedly failed.

The police refer to these roadside exercises as "tests" to give them an aura of scientific validity. However, these exercises have no scientific grounding. Most police academies will teach versions of these exercises and refer to them as "Standardized Field Sobriety Tests." But on the side of the road, there is often nothing standardized about the exercises. Every police officer varies in the manner in which he instructs suspects to perform them and how he interprets the suspect’s performance.

Continue reading " Los Angeles DUI Attorney News Update: Former Laker arrested for Orange County DUI " »

Actress Lindsay Lohan steered clear of another legal landmine today, after her attorney convinced a Los Angeles Superior Court judge that the one-time child star was not in violation of her terms of probation.

If she can stay clean while on probation, Lohan can avoid any further jail time and put this incident behind her. A second-time DUI offense carries potential jail time and the loss of your driving privilege for one year, not to mention fines and an 18-month DUI second offenders class.

No matter how famous, everyone who is arrested for DUI, whether in Hollywood, Newport Beach, Irvine or anywhere else in Southern California, needs a good lawyer to help them through the process, both the criminal aspect as well as the administrative hearing process through the Department of Motor Vehicles.

This is not a product endorsement, but there is some interesting new technology to help drivers avoid DUI arrests. CBS 2 is reporting that “Phantom Alerts” help drivers avoid DUIs and speeding tickets by signaling to drivers when they're close to DUI checkpoints and speed traps.

How does it work? Phantomalert.com says that drivers and spotters report speed traps and photo enforcement locations on the phantom alert website. Drivers who have downloaded the software into their GPS will receive audio and visual alerts every time they approach enforcement areas. It seems that the program can help navigate drivers away from DUI checkpoints and speed traps.

The software can be uploaded to a GPS device, such as a "Tom Tom" and "Garmin", for $10 a month. Comments about this post can be directed to Orange County DUI Attorney William Weinberg at (714) 834-1400.

Tmz.com is reporting that former football star turned actor Brian "The Boz" Bosworth was arrested in Los Angeles on Friday for allegedly driving drunk on a motorcycle.

The celebrity website reports that Bosworth was pulled over on his motorcycle along Hollywood Boulevard by officers who noticed that his Harley had no license plate. Officers detected alcohol on Bosworth's breath and arrested him for DUI after he failed a breathalyzer test.

In the hands of a capable prosecutor, a breathalyzer reading in excess of .08 can be a powerful weapon against you at trial. This reading carries with it a presumption of intoxication. Your right to be presumed innocent is, therefore, compromised. A good criminal defense lawyer may be able to successfully move to have the results suppressed-- which means that a jury will never learn that you took the breathalyzer. However, if the judge refuses to suppress your breathalyzer reading, your ability to defend your rights in court can be severely limited.

Continue reading " Los Angeles DUI Lawyer Update: The "Boz" arrested for Los Angles DUI " »

This week, Orange County Sheriffs were recognized by Mother's Against Drunk Driving (MADD) with the "Deuce" Award- an award given to law enforcement officers who make more than 25 DUI arrests in a year.

According to the Orange County Register, one of the honored sheriffs, Deputy Dallas Hennessey, was the department's only deputy to generate more than 100 arrests in one year. In 2007, he held the record for 111 DUI arrests , but had only half that amount in 2008--and he couldn't be happier. Officer Hennessey credits the DUI arrests he made in 2007 as having a deterring effect on drunk driving in 2008. According to Hennessey, last year, there were DUI crashes every night during the summer months, but now, he's seeing significantly less DUI crashes.

Continue reading " ORANGE COUNTY DUI LAWYER UPDATE: Law enforcement honored for Lake Forest DUI arrests " »

The Orange County Register is reporting that a Los Angeles County deputy sheriff pleaded no contest to a DUI where two people were injured when he crashed into their car in Stanton.

On June 29th, Buena Park resident Robert Andrew Moran allegedly was driving drunk in a Los Angeles County Sheriff's Department-issued SUV southbound on Beach Boulevard at Garden Grove Boulevard when he crashed into the driver's side door of a Mazda sedan. The driver and the passenger of the Mazda were treated at a hospital for injuries sustained in the crash. Blood tests revealed that Moran had a blood alcohol level above the legal limit of 0.08 percent. He faces six months in jail and three years' probation and will be sentenced September 30.

Continue reading " ORANGE COUNTY DUI ATTORNEY UPDATE: Stanton crash allegedly caused by Deputy driving department SUV while intoxicated " »