Orange County DUI Lawyer Blog

Early Thursday morning, a drunk driver was driving through a residential part of Trabuco Canyon when he hit a light pole. After hitting the light pole he decided to flee the scene, running through a resident's backyard. The homeowners heard the commotion and ran outside to see what was happening. They saw the man running and detained him until officers arrived. The man was taken to the hospital and then jail for suspicion of drunk driving.

A good attorney would check the lab results immediately to see if in fact the suspect was drunk. Even if he was not drunk, fleeing the scene of an accident can carry some criminal charges with it, whether you live in Irvine, Newport Beach or Fullerton.

Continue reading " Trabuco Canyon Residents Detain Fleeing Drunk Driver " »

A Fountain Valley man, Davin Palitz, was stopped in front of a Newport Beach restaurant on suspicion of driving under the influence. Palitz says he was just waiting for his car at the valet station when police stopped him. Police claim that they had received a call that someone was driving drunk so they stopped Palitz as he was pulling into the restaurant. He had a .18% blood alcohol level at the time of his arrest. At trial, nobody testified that he had been driving, but he was still convicted of a DUI and was sentenced to jail time, an alcohol program and probation.

A good attorney would argue that since no one testified at trial that Palitz was driving, he should not have been convicted of a DUI.

The humorous (albeit sad) part of the story was that during the field sobriety tests, he told officers he needed to use the restroom. As is common police procedure in every city, including Laguna Hills, Fullerton or Irvine, no one can use the restroom until they are taken to jail. The rule is such because suspects may have to take a urine test in jail so officers can get an accurate blood alcohol level reading. Palitz asked several times if you could use a nearby restroom but could not hold it any longer and wet himself during the tests. He claims he is going to sue the city for $100,000 for the pain and suffering he was put through by the officers.

Continue reading " Fountain Valley DUI Driver Wets Himself During Field Sobriety Tests " »

In the city of Gardena this weekend, volunteers of the Safe and Sober Summer Campaign were offering free water bottles to drivers as they were waiting at red lights in busy intersections. This program is geared towards quenching the community's thirst so that they don't have to reach for liquor and then drink and drive. Additionally, on hot summer days when violence is high, water can cool off hot tempers and hopefully reduce violence and crime in the community. One driver even exchanged a can of beer for the bottle of water, proving that the program is effective. Volunteers of the program have all come from troubled backgrounds and are ready to help resolve problems in the community instead of causing them.

I think that this program is a great idea that should be implemented in Orange County cities such as Westminster, Garden Grove and Santa Ana. Crime and DUI's are higher in summer months because people are hot, irritated and bored. Someone offering free water bottles and a smile to drivers may change someone's mood and make them think twice before doing something that could get them in legal trouble.

Continue reading " Safe and Sober Summer Campaign in Los Angeles County " »

After drinking four Crown Royal and colas, two patron tequila shots and three Jagermeister bombs earlier that evening, Yanira Ramirez was very drunk. However, she still managed to get into her car on November 30, 2007. Unfortunately for Pauline Portes, Ramirez was so drunk that she drove the wrong way on the 55 (Costa Mesa) freeway, crashing into Portes and killing her. Portes' boyfriend, Nguyen, was driving when the crash occurred and was injured.

Ramirez is a single mom of a 5 and 9 year old. She has no criminal past. She said she made a poor decision when she decided to drive home that night and will now be facing 10 years in prison for vehicular manslaughter. It just takes one poor decision to end a life. Regardless if you live in Irvine, Anaheim, Fullerton or Westminster, drinking and driving is a serious offense.

Continue reading " Fontana Woman Sentenced to 10 Years for DUI Murder " »

Last week, the Los Alamitos City Council discussed possibly charging drunk drivers who cause accidents, up to $1,000 more in fees. In addition to the court, attorney and DMV fees DUI offenders already pay (that sometimes exceed $10,000), the city wants to charge for the fire, ambulance and police assistance that may be required if the offender causes an accident. Already, a few Orange County cities including Anaheim, Huntington Beach and Costa Mesa have a similar program. The city of Westminster has had a similar program for about 10 years and says it recovers about 60% of the costs of a DUI accident.

Some people argue that DUI fees reach between $10,000 and $15,000 already and most DUI offenders cannot afford anymore. Others argue that DUI offenders should pay for the costs that they incurred, instead of the city having to pay for it. Either way you come out on the issue, DUI accidents affect everyone involved, so if you get a DUI, please call an attorney right away to help you through the legal system.

Continue reading " Should Orange County Drunk Drivers Pay for Emergency Response? " »

An older article in the OC Register caught my eye today. At Mission Viejo High School in Southern Orange County, the drama department put on a performance of a "mock DUI accident" in April of 2009. The school, along with the Orange County Sheriff's Department and many other agencies, wanted to show high school students what a mangled car and bloody victims look like, in hopes to scare them into not drinking and driving. The performance included the actor's decision to drink and drive, the fatal accident, a few injured and dead victims and the legal ramifications that followed for the drunk driver.

I think that this sort of performance should be done in all high schools and colleges throughout Orange County, including Irvine, Garden Grove, Westminster, Anaheim and Fullerton. Looking at the pictures in the article, the accident looked so real. The authenticity of the DUI performance along with the fact that the actors were fellow classmates, likely left a lasting impression in the minds of the youth. Let's hope that the message lasts until they are actually old enough to drink.

Continue reading " Mock DUI Accidents Used to Deter Students from DUI " »

On Thursday in Fullerton, a man was pulled over by cops for a routine traffic stop. Once stopped, Mr. Robert Castro threw a methamphetamine pipe out of the car. After giving officers his driver's license and being questioned for a few minutes about suspected drug use, he decided to try and run from the cops. After a short chase, police officers used Taser darts to subdue the suspect. He was then taken to the hospital. He was later charged with driving under the influence and resisting arrest.

When most people think of DUI's, they think the person has consumed too much alcohol. However, often people forget that if someone is under the influence of drugs while driving, they will also be charged with a DUI. This applies no matter if you are stopped by officers in Irvine, Fullerton, Anaheim or Newport Beach.

It is also important to note that fleeing from the cops is a huge crime and comes with additional charges and penalties. Instead of resisting arrest, suspects who are arrested should call a trusted and reliable defense attorney to help them through the legal process.

Continue reading " Fullerton Drunk Driver Stopped With Taser Darts " »

On May 3, 2008, Danny Calvin Ruiz was driving home from a wedding reception with his pregnant girlfriend, Andrea Gerdon, in the passenger seat. Ruiz was drunk and was driving 60 mph in a 35 mph zone. He crashed into a tree in San Clemente, killing his girlfriend and their unborn child. He was charged with two felony murder counts and a DUI, with his blood alcohol level at a 0.17 percent. On Thursday, July 23, 2009, Ruiz was convicted of the two murder counts and the DUI. He faces around 100 years in state prison for his crimes. In 2008, he was also charged with a DUI and signed forms indicating that he understood that if he killed someone while driving drunk, he could face murder charges.

What is so unfortunate about this case is the fact that he killed his pregnant girlfriend. Of course, the murder was not intentional, but anytime someone gets behind the wheel of a car knowing they are intoxicated, they are assuming the liability.

Whether in Irvine, Fullerton, San Clemente, Santa Ana or Anaheim, the limit in California at which you are too intoxicated to drive is at a .08 percent blood alcohol level. Ruiz was double the legal limit. If you drink more than a drink or two over a short span of time, do not get into the driver's seat.

Continue reading " Drunk Laguna Hills Man Kills Pregnant Girlfriend " »

Jeffrey Donovan, star of the cable hit TV show "Burn Notice" was arrested in Miami Beach for DUI. He told the cops he felt the effects of the alcohol, combined with Benadryl, an allergy medication that has the side effect of drowsiness, particularly when mixed with alcohol.

Driving DUI is dangerous, mixing drugs with it even more so. Judges in Orange County look harshly upon people who have been arrested in this scenario. An experienced DUI attorney in Orange County, whether in Newport Beach or Westminster or Santa Ana, will look to see the timing of the stop, look to see what drug screens were performed by the crime lab in order to determine if the drugs had any effect on driving performance. Additionally, a person could face separate charges of being under the influence of a controlled substance, which carries jail time.

It would be interesting to see if the actor was asked to perform Field Sobriety Tests by the police. Orange County courts will allow testimony about a person's performance on these tests if administered correctly.

Continue reading " Burn Notice Star Arrested for DUI " »

A Costa Mesa man pled guilty to a DUI and hit-and-run this Monday that occurred in Newport Beach, and was sentenced to 163 days in jail, three years probation, alcohol classes and a revoked license. James Arlen Peterson was driving drunk in Newport Beach on July 10th. He hit a woman who was standing by her car and kept driving until he ended up in the ocean. He then got out of the car and tried to swim away from the shore. Police helicopters and lifeguards saw the fully clothed man in the ocean and eventually rescued him. After being checked at a local hospital, he was arrested and taken to jail.

It is amazing that Peterson was not injured after driving into the ocean. Hopefully the victim did not sustain substantial injuries from the hit-and-run.

Continue reading " Orange County Aquatic DUI Driver Pleads Guilty " »

According to Mothers Against Drunk Drivers, DUI drivers across the nation (and by extension in Orange County, California) have driven drunk 87 times on average before they are finally arrested.

So when I hear from people that they have NEVER driven drunk before they were arrested, I'm skeptical. What this means to Orange County residents, whether living in Newport Beach, Irvine, Orange, Fullerton or Santa Ana, is that the person at the side of the road being questioned by the police, particularly later in the evening, has likely avoided this scenario over 80 times in the past.

A person charged with DUI in Orange County has the right to due process and should hire a capable DUI attorney who practices in Orange County and knows all the courts well. There are many instances when the police simply get it wrong when they make an arrest.

An example of this are the Field Sobriety Tests. This is a collection of "divided attention" tests that police officers are supposed to give to suspected DUI drivers in Orange County. But the tests are subjective. That is, they are given by the officer and the "results" are interpreted by the officer anyway the officer sees fit. If he or she thinks a person should be able to stand on one leg for 30 seconds, but can't, the officer can include that "failure" as part of their subjective, personal belief that the driver is DUI. That is one of many reasons that a person charged with DUI in Orange County should call a qualified, experienced DUI attorney who handles cases from Fullerton, to Irvine, to Westminster and Santa Ana.

Continue reading " Orange County Drivers Beware: 87 DUI Trips Before Arrest " »

In Orange County, as in virtually every other county in California, if you leave the scene of an accident, you will be charged with violating 20002 VC. If you leave the scene of an accident and you are DUI, you could face some serious jail time.

The driver of the car in an accident in Santa Ana, California decided he couldn't stick around to face arrest, so he took off. What an honorable fellow! Fortunately for him, none of the people in the car he hit were seriously injured. Unfortunately for him, the police caught him and threw him in jail. He will need a good lawyer who handles difficult DUI cases in Orange County.

Whether he'd been caught in Santa Ana, or Fullerton, or Newport Beach or Irvine, he'd still be facing DUI hit and run charges. What if he was working as a driver and was operating under a commercial driver's license? Well, the DMV would take his license for a year, not one day sooner. He would be looking at additional penalties.

Continue reading " Santa Ana DUI Driver Flees Scene of Accident " »

Sadly, once again, a life taken and a life wasted because of DUI here in Orange County. A Long Beach man, Ivan Gandarilla, was convicted today of second-degree murder in the death of his passenger after a collision in Los Alamitos.

There is nothing really special about the facts in this case. It's commonplace nature is worth commenting upon, though. Every year, there are too many deaths related to DUI here in Orange County. Ultimately, each of us is responsible for his own conduct. Had the passenger thought to question Gandarilla's level of intoxication, he might be alive today.

DUI murder is know as "Watson" murder. It's based upon the idea that, given the facts, someone who gets into a car drunk, a car weighing thousands of pounds, knowing he's drunk, acts with malice (intent to kill). You would look to see if he had a prior DUI (Gandarilla had two) such that he knew that getting into a car drunk could likely result in death to someone else but still drove drunk.

Gandarilla was a serious alcoholic. His blood alcohol level in his prior DUI was .33. Think about that: thats over FOUR TIMES the legal limit. Gandarilla couldn't stop drinking once he started. Whether his prior DUIs were in Los Angeles or Orange County, it didn't matter. It's the same crime. Gandarilla was prosecuted in Westminster because the murder took place in Los Alamitos. That meant the case was assigned to the West Justice Center.

Interestingly, had Gandarilla had no prior convictions, the DA might not have charged him with Murder. They might have pursued a manslaughter conviction, which is easier to prove because the mental state is "lower" in a sense than murder. You don't have to show intent, just a violation of the law. Running a red light, for instance. With alcohol, the scenario changes completely. With the priors, it's a totally different story. A DUI defense attorneyhttp://www.williamweinberg.com would want to explore, especially in Gandarilla's case, the damaging effects of alcoholism on his judgement in the first place, his overall psychological status, as well as the liability for the accident and other factors such as lighting, signal calibration, speed of the other vehicle or safety equipment on either vehicle.

Continue reading " Orange County DUI Murder Conviction for Repeat Offender " »

In a continuing effort to get drunk drivers off the road and educate others about the risks, the Orange County, California Sheriff's Department set up numerous DUI checkpoints over the Fourth of July weekend, making many arrests.

Using a light-hearted approach, deputies conversed with passing motorists, conducting enforcement stops and making arrests.

DUI checkpoints in Orange County represent a effect tool for police, but carry risks as well. The law in this area of DUI defense is complex. Law enforcement officials setting up DUI checkpoints in Orange County, California have to comply with a complex set of rules, even allowing drivers an opportunity to avoid the checkpoint itself.

A qualified Newport Beach, California criminal defense attorney will always demand to see the checkpoint "packet" through a discovery request. This trove of information will tell the lawyer whether the law was complied with or if his client may have a legal defense to the DUI charge.

Continue reading " Orange County Sheriff Conducted Multiple DUI Checkpoints on Fourth of July " »

Orange County Sheriff's deputy Erin Guidice plead no contest to a DUI accident committed on April 15, as reported in the Orange County Register today.

Apparently, she rammed her car into the back of another car. Her blood alcohol content was nearly twice the legal limit at the time of the collision.

I can only imagine how embarassed she must be. Having recently been promoted to head up the Orange County Sheriff's Harbor Patrol division, she was reassigned to the jail two days after the accident. According to the Orange County Superior Court website, she didn't admit to an accident, making me wonder whether the DA's office dismissed that separate allegation.

So the question is this: Did she get a better deal than the average Irvine, California citizen who pleads guilty before the judge at Harbor Justice Center in Newport Beach? What if she had hired a qualified DUI defense attorney to represent her? Would she have gotten a better deal?

Perhaps she can look to the mercy of the Sheriff's department. The article doesn't mention that she was suspended without pay. The accident was three months ago but it's "under review". What does that mean? Three months for a review? The Irvine Driver's Safety office of the California Department of Motor Vehicles will give someone a police report if they schedule an Administrative Hearing within 10 days, so there should be no reason for delay on a consequence.

Continue reading " Orange County Sheriff's Deputy Pleads No Contest for DUI Accident " »

It's very fortunate for the driver of a hit and run vehicle in Laguna Beach that he didn't kill anyone today. Apparently, he lost control of the vehicle on Coast Highway in Laguna Beach, hit three parked cars and ran off on foot before being captured by police.

If he had hit and killed someone he would have faced murder charges or possibly vehicular manslaughter. The sentence for DUI murder is a life term, turning one tragedy into two.

Now, the driver faces DUI charges, along with felony hit and run charges, upping his exposure from simple fines and an alcohol program to a potential state prison commitment. The question of punishment is a complex one, based upon a person's prior record as well as their personal background, education, contributions to the community and the facts of the case before the court.

If you have questions regarding this area of the law, call Irvine DUI and Hit and Run attorney William M. Weinberg at 949.474.8008.