Orange County DUI Lawyer Blog

AB1601 signed into law effective 2012, gives judges discretion to revoke a person's driving privilege for a 10 year period, following a 3rd conviction for DUI within 10 years. As an Orange County DUI Defense Attorney, it is important to understand that the new law affects not only third time offenders but, the effect it has on the current laws that regulate the different options available to multiple offenders. One question is how will the new AB 1601 law conflict with SB 598? SB 598, in effect now, allows a third-time DUI offender to get a restricted license, after a one-year suspension, if an ignition interlock device is installed in their vehicle.

Since this law was introduced in January of 2010, there have been many amended versions which were much more punitive. As we learn more about this new law and the effects it will have on the Department of Motor Vehicles and suspended licenses, it is important to understand that clearly the laws are becoming more severe when it comes to multiple offenders.

According to the California Department of Motor Vehicles, there were about 200,000 DUI convictions in California in the year 2008. Of the total convictions, 9,164 were third-time DUI offenders within 10 years and another 3,200 had four or more DUI offenses. While 9,164 and 3,200 multiple offenders is a high number, it is important to note that less than 5% of those arrested in 2008 were third and fourth offenders. The majority of people arrested for DUI are first time offenders that never repeat the offense again.

As an aggressive DUI defense attorney, my focus is on miimizing the effect a conviction for DUI can have on a person's life and further, focusing on preventing the person from commiting the same offense by introducing alcohol programs in lieu of jail time.

Orange County DUI's are a very common crime but need to be taken very seriously. Without the benefit of an experienced DUI Attorney, fines and penalties can be very harsh. If you or someone you know has been arrested for DUI, it is important to consult with an Orange County Criminal Defense Attorney, who specializes in Driving Under the Influence cases, as well as is familiar with all the the Courts in Orange county.

Continue reading " Recent Changes to California DUI Laws " »

Westminster is one of many Orange County police departments that has a program requiring drunk drivers involved in a collision to pay for costs related to emergency response.

The Westminster City Counsel recently voted unanimously to clarify the types of situations and costs for which drunk drivers could be billed. Although the City has billed DUI drivers who cause accidents for the last 10 years, they have stuck to the outdated limit of $1,500.00. State law now allows cities to be reimbursed as much as $12,000.00.

The proposed change says that intoxicated drivers can be billed for all costs incurred by the city in responding to the incident. This includes salaries of the police and fire personnel, cost of equipment on scene, the cost of conducting field sobriety tests and costs related to time spent transporting and booking the suspect, conducting chemical test and writing reports.

Other cities in Orange County California that have similar programs include Anaheim, Huntington Beach, Costa Mesa and Los Alamitos. If you have been arrested for a DUI in Orange County, a good Orange County DUI Defense Attorney can help mitigate not only the costs involved but also the ultimate outcome, which can have devastating affects on a person’s life.

Continue reading " Orange County Increases Penalties for Drunk Drivers " »

A 17 year old boy has been arrested in Anaheim, California, and is being accused of driving while intoxicated and hitting and killing two homeless women. This young man is facing serious charges that will effect the rest of his life. An aggressive Orange County California criminal defense attorney can mitigate the ultimate outcome to lessen the effect it will have on his life going forward.

In this case, this young man's sentence exposure depends upon whether he pleads guilty to misdemeanor vehicular manslaughter or felony vehicular manslaughter. Facts that will be taken into consideration are whether or not he has any prior DUI convictions. Prior convictions of DUI can result in a charge of Second Degree Murder due to the fact that the individual knew the dangers of drunk-driving. Another fact to take into consideration is whether or not he committed an additional wrongful act and reckless driving such as speeding and/or running a red light. All of these issues play a role in determining how the case will be filed. Speeding and/or reckless driving can allow the District Attorney to add sentence enhancements to the charges, which makes penalty exposure more serious.

The juvenile justice system is different from the adult justice system. In Orange County Juvenile Court, the focus is on treatment and rehabilitation for the juvenile while the adult justice system focuses on punishment. However, depending upon the charge, a juvenile can be prosecuted as an adult and be subject to the same penalties as an adult. In a situation where a juvenile is tried as an adult, it usually involves crimes of violence. Juveniles 16 or 17, who commit serious felonies, can be tried as an adult. Also, a juvenile 14 or older being charged with murder can be tried as an adult. However, even if a juvenile is tried as an adult, they are still treated different. There are more options in terms of how and where they are prosecuted and how and where they will serve their sentence.

It is extremely important that an experienced Orange County Juvenile Defense Attorney be retained to represent this young man and further that, the attorney be familiar with the Orange County Juvenile Court. Being familiar with the Judges, District Attorneys, Court Clerks and Probation Department, will help facilitate the best possible outcome for your child. The question parents should ask themselves is what do I do to protect my child. Juveniles make mistakes and most have never known, or been exposed to legal consequences. Preserving your child's record, so that their college goals and future employment are not affected negatively should be the goal of a good juvenile criminal defense attorney.

Continue reading " Teen Accused of Vehicular Manslaughter While Intoxicated " »