March 8, 2010

Local Orange County Dummies Drink and Drive on Super Bowl Sunday

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.

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February 22, 2010

Parolee Arrested in Santa Ana While Driving Erratically

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.

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January 21, 2010

Minivan Hits Orange County Transportation Van, Injures 7

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.

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January 18, 2010

Newport Beach Drivers Arrested in DUI Checkpoint Sweep

Plenty of fish to catch in the net, so the Newport Beach Police thought. They were right. It isn't really hard, either. Newport Blvd. is Deuce Alley, a place rife with bars and the drunk drivers who leave them. I'm surprised they caught only six drivers in six hours.

As I wrote back in November, checkpoint arrests require the police to issue warnings to the public that a checkpoint is going to be set up. The police also have to create an "escape" route for those who don't want to have to go through it. Last, they have to make their procedures at the checkpoint uniform, so that everyone passing through is treated the same, with a patterned approach to stopping cars at random, rather than singling out someone.

To the general public, this sounds absurd. Why in the world would you tell someone you were going to stop them for driving drunk? Why would you let them get away? Well, this is the way the law developed and has been implemented. I didn't create it. I represent drivers who have been arrested at checkpoints and I look to see that the police followed the correct procedure.

If you are driving under the influence, you will likely be caught at a checkpoint. Whether you live in Santa Ana, Fullerton or Tustin, if you have been charged with a DUI, call an experienced DUI defense attorney right away to assist you.

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January 16, 2010

Lake Forest Sees Mixed Results in DUI Arrests in Orange County

South Orange County residents may not rest a little easier knowing that the Sheriff's Department in Lake Forest is making progress in taming the DUI monster in Orange County.

In a weird twist, DUI arrests were up in 2009, between Thanksgiving and New Year's Eve. More than 57%. But accidents were down the same percentage. Is there any significance to this? More people are being arrested for DUI in Lake Forest. That's because there are increased patrols. That's a good thing, for sure. But that is seventeen more arrests year over year. So does that mean that more people are driving drunk, or that simply more patrols equal more arrests?

It's arguable that there is a trend away from DUI deaths, though it doesn't appear to be substantial, in at least one view. If the results were scored for population increase the improvement might seem more substantial. In any event, the alcohol lobby, in conjunction with advertising, is a relentless force in creating more DUI drivers and cannot be stemmed without some shift in public perception.

If you are unfortunate to have been arrested for DUI, and whether you live in Costa Mesa, Newport Beach or Tustin, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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January 8, 2010

Ignition Interlock Devices Could Help Southern California DUI Offenders

According to a study done in Massachusetts, drivers who are forced to use an ignition interlock device on their car following their second DUI conviction are far less likely to suffer rearrest.

Typically, DUI drivers who are on probation must blow into the device in order to start their car. The device registers any measurable amount of alcohol and will then disable the car.

There has been some discussion in California about putting IID's into vehicle following a first conviction. The DUI Offenders Ignition Interlock Device Pilot Project, effective July 1, authored by Assemblyman Mike Feuer (D-West Hollywood), established a pilot project in Alameda, Sacramento, Tulare and Los Angeles counties to mandate installation of an Ignition Interlock Device (IID) for first-time DUI offenders.

If the statistics show recidivism rates declining, expect this to become mandated state-wide. 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.

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December 9, 2009

Orange County Teens-Wake Up to the DUI Statistics

According to nationally compiled statistics, In the United States, 12.8% of all fatal traffic crashes were alcohol-related, and 40% of that number involved teens driving while drinking alcohol.

This is a staggering number, and a preventable situation. Alcohol awareness is a catch-phrase. Teens need to understand first-hand what happens to their bodies and their emotional states when they drink alcohol.

Teen DUI drivers face the loss of their driving privilege for one year, heavy fines and DUI education classes. Their parents face a massive increase in insurance premiums, embarrassment and the knowledge that they cannot monitor their children all the time.

But what if someone is killed by a teen DUI driver? In certain circumstances the parents may be held liable for negligently entrusting their children with a car, knowing the child may drink, drive and possibly crash into someone, causing death.

Southern California and Orange County are heavily populated areas in the United States. More important, people living in all parts of Orange County, whether Irvine, Newport Beach or Santa Ana, are totally dependent on cars for a variety of reasons.

If a teen drinks alcohol and needs to drive home, call a cab. As a parent, tell your kids they get to take a cab once without penalty. Do not drive. If a child kills someone they may face prison. Whether you live in Irvine, Lake Forest or Anaheim Hills, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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December 2, 2009

DUI in a Recliner, Can Orange County Be Far Behind?

What's next, DUI in a swimming pool? According to police, 62-year-old Dennis LeRoy Anderson pleaded guilty to driving his LA-Z Boy recliner drunk, on the street! Apparently, law enforcement was alerted to Anderson when he popped a wheelie while nine beers into a solid buzz.

Doubtless, this will set off a wave of DUI allegations against motorized grannies whoopin' it up on their three wheelers. Gangs of blue-hairs weaving down the road cannot be too far off.

Ok, DUI is a serious charge, but on this blog post, I'm not going to get up in arms over this one. No one was hurt, and likely no one could have been hurt.

If you are convicted of driving intoxicated in your wheelchair or barcalounger or la-z boy you will have to attend DUI school, have to pay restitution and be put on probation. Whether you live in Santa Ana, Ladera Ranch or Garden Grove, if you are charged with DUI, call an experienced criminal defense attorney right away to assist you.

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November 29, 2009

Drunk California Woman Drives Wrong Way on Freeway

Last week, Nora Reyes of Santa Barbara was driving northbound on southbound Highway 101 in Santa Barbara. Passing motorists called the police to report her. When officers arrived, they saw her driving about 70 miles per hour and going the wrong way. They tried to stop her but she kept driving. Officers stopped the other drivers tho were traveling southbound so no collision could take place. The car eventually drove off of the freeway and into a ditch. The driver was taken into custody after officers noticed obvious signs of intoxication. She will likely be charged with driving under the influence and evading arrest.

Luckily, Reyes did not kill anyone while driving drunk the wrong way on the freeway. A similar incident occurred on the same highway weeks before and two people were killed. A possible defense to this DUI is that the freeways may be confusing and lead people to get on the wrong on-ramp. If you drink too much and want to get home, call a cab. Do not drive. If this woman would have killed someone she could have faced life in prison. Whether you live in Irvine, Lake Forest or Anaheim Hills, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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November 28, 2009

Drunk California Man Refused to Get Out of Car

In October, John Hansen was driving erratically and gesturing to other drivers on Highway 395 in California. After officers told him to pull over, he stopped in an alley and would not get out of the car or cooperate with officers. Officers had to close off the highway and then force Hansen out of the vehicle. Officers realized that Hansen was intoxicated so they arrested him for driving under the influence and resisting arrest.

Just as bad as fleeing the scene of a crime is resisting arrest. Both are added charges and add more time to your jail sentence. Hansen will likely have to spend time in jail, take alcohol education classes, have his license revoked and be put on probation. When someone does not come out of the car when officers tell them to, officers think that the suspect may have a weapon and try to kill themselves or others. This is a very dangerous situation and it deserves extra penalties. He likely thought that if he waited in his car long enough, officers would not be able to detect that he had been drinking. Whether you live in Santa Ana, Laguna Woods or Laguna Beach, if you are charged with a DUI, call an experienced DUI defense attorney right away to assist you.

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November 26, 2009

Sacramento County Prosecutor Arrested for DUI

This weekend, Ross Robert Huggins was arrested in Sacramento for driving drunk. He was pulled over after officers noticed him driving erratically. Officers said he smelled like alcohol so they issued field sobriety tests. He was then arrested and taken to jail. He admits he made a mistake and is willing to accept the consequences. Huggins had been a district attorney for over a decade and was assigned to the state-targeted offense program at the time of the arrest.

It is unclear whether getting a DUI as a prosecutor is grounds for termination. Besides possibly losing his job, he may have to go to jail, pay fines, attend alcohol education classes, have his license revoked and be put on probation. Additionally, he will have to face embarrassment in the legal community because lawyers are held to a high standard and are thought to know better than to drive drunk. Whether you live in Lake Forest, Irvine or Newport Beach, if you are charged with a DUI, call an experienced DUI defense attorney right away to assist you.

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November 25, 2009

California Drivers Flock to DUI Checkpoint

The Salinas Police Department thought of a creative way to get people to go through their DUI checkpoint instead of avoiding it. Officers will be offering free turkeys to some of the drivers who successfully pass through the checkpoint. This is the seventh year the police department has been doing this and it has attracted many people to pass through. While at the DUI checkpoint, besides the chance of winning a turkey, drivers also get DUI information and may be given field sobriety tests.

I think giving away a free turkey is a great way to attract people to a DUI checkpoint. The only problem I have with it is that most people who go to the checkpoint to get a free turkey, will not pass through drunk and the purpose behind the checkpoint is defeated. This may just be a waste of resources that instead could have been used during a night when most people do not know a checkpoint will be set up. Nevertheless, even if officers catch a few drunk drivers, the streets are safer and they have done their job. Whether you live in Tustin, San Clemente or Brea, if you are charged with a DUI, call an experienced DUI defense attorney right away to assist you.

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November 24, 2009

California Man Arrested 13th Time for DUI

This weekend, Robert James Feenan was arrested for the 13th time for driving under the influence since 1983. On Friday, Feenan got into a non-injury crash in Santa Rosa and when police arrived, they determined that Feenan was under the influence. He was arrested and booked in jail on suspicion of driving under the influence with a felony DUI conviction, driving with a suspended license and violation of probation.

Habitual DUI offenders have alcohol problems and court ordered alcohol education classes and rehab are not enough. Even if the government makes a person take alcohol education classes, suspends their license, puts them on probation, and gives them jail, once that driver gets out, they may still drive drunk. The next step would be to install an ignition interlock device that would not allow a driver to start the car until they breathe into a machine installed in their car. This may be the only way to prevent habitual DUI offenders and alcoholics from driving under the influence and is now being used in some counties.

Whether you live in Orange, Fullerton or Stanton, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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November 22, 2009

News Anchor Don Cannon Arrested for DUI in California

Donald Clark, a former Pittsburgh news anchor who worked under the name Don Cannon, was arrested this week for failing to report for sentence for two prior DUI convictions from 2007. Clark had pleaded guilty to both DUI charges and was supposed to report to jail in October to serve his time. He failed to appear though, and two bench warrants were issued. Police found his address through another officer who had talked to him earlier that day in court regarding another DUI. Police went to his house and arrested him.

Failure to appear in court or report for a sentence can be charged as a misdemeanor or felony. Besides the time Clark will have to serve for the two prior DUI convictions, he will have to serve more time for failing to appear. If you are sentenced to jail time for a DUI, you MUST serve. A lawyer may be able to reduce your sentence, prevent you from going to jail, or recall your warrant though. Whether you live in Laguna Niguel, Villa Park or Westminster, if you are charged with a DUI or have a warrant out for your arrest, call an experienced DUI defense attorney right away to assist you.

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November 21, 2009

Senator John Kerry's Daughter Charged with DUI in Hollywood

Alexandra Forbes Kerry was pulled over this week for a traffic violation in Hollywood. Police officers detected signs and symptoms of Kerry being under the influence, so she was arrested and charged with a misdemeanor DUI. After posting bail, she was released and has to appear in court in December. Senator Kerry said that she was pulled over for expired vehicle registration and was released from jail after her breathalyzer results were below the legal limit.

If an officer believes you were driving under the influence of any substance and it is impairing your driving, they can arrest you for a DUI. If you have had anything to drink, wait until you are sober to drive or have someone else drive you. A DUI comes with possible jail time, probation and alcohol education classes. It can also stay on your record and disqualify you for jobs, degrees or licenses. Whether you live in Orange, Stanton or Laguna Niguel, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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November 20, 2009

California Drunk Driver Slams into Guardrail

Last week, a Thousand Oaks woman was driving on the Highway 23 and 101 connector when she made an unsafe turn and crashed into the guardrail on a bridge. The woman was not wearing her seat belt so she was thrown around the vehicle and was seriously injured. When the ambulance arrived, she was not breathing and her heart had stopped. Emergency responders were able to revive her and she was rushed to the hospital. Investigators beleived that she was drunk at the time of the incident so she was arrested on suspicion of driving under the influence.

Even though this woman nearly died, she will still be charged with the crime she committed. She nearly killed herself and likely learned a valuable lesson about drinking and driving. People that get DUI's sometimes have drinking problems and it would be valuable for them to take alcohol education classes or go to rehab. With the economy the way it is, more people are drinking away their problems and that leads to DUI's, DUI accidents and DUI fatalities. Whether you live in Santa Ana, Laguna Hills or Stanton, if you are charged with a DUI, call an experienced DUI defense attorney right away to assist you.

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November 19, 2009

A California County Forms New DUI Program

Lake County is forming a new DUI program called the Lake County DUI Intensive Response Team. The purpose of the program is to prevent DUI accidents and prosecute DUI suspects. The program involves five different components. First, the program funds vertical prosecutors to handle felony and misdemeanor DUI's from the beginning to the end. This would allow the prosecutor to become familiar with the case and have their own investigators to assist with the DUI cases. Second, it requires DUI offenders to take counseling and alcohol education classes to prevent multiple DUI's. Third, the program provides a victim assistance program that assists the victim by explaining the court process to the victims and contacting them regarding any developments in their case. Fourth, the program would provide more probation officers to look after DUI offenders and make sure they are complying with the probation conditions. Lastly, the program provides education to the community, and especially the youth, on the dangers of drinking and driving.

This program sounds like it has all of the elements to be very successful and effective at reducing DUI offenses and fatalities. If successful, many other counties may model its multi-faceted approach. If you are charged with a first time DUI, you will likely have to pay court fines and get your license revoked for a few months. With this program, you would also be mandated to take alcohol education classes to prevent future DUI's and have active probation officers ensuring compliance to all probation conditions.

Whether you live in Fullerton, Newport Beach or Lake Forest, if you are charged with a DUI, call an experienced DUI defense attorney right away to assist you.

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November 18, 2009

California DUI Checkpoint Leads to Pursuit

In Manteca this weekend, police officers and police cadets set up a DUI checkpoint on Yosemite Avenue from 7p.m. until midnight. Around 500 vehicles passed through the checkpoint and about 15 vehicles were impounded due to drivers having suspended licenses or driving while intoxicated. One man tried to avoid passing through the checkpoint which alerted officers that something was suspicious. After police followed the man, he sped off and led police on a chase. The chase eventually ended when the man crashed into a neighborhood. Officers later found out that the fleeing man, Jose Alberto Calouro, was wanted on three no-bail felony arrest warrants for his alleged involvement in fraud and forgery offenses. Calouro was arrested and taken to jail.

Recently, California has been the recipient of many grants aimed at improving DUI prevention and education programs. With this money, many counties have been setting up more DUI checkpoints as well as sending out more patrol cars to monitor heavily populated areas. Since there are more officers looking out for drunk drivers, if you are driving under the influence, you will likely be caught. Whether you live in Santa Ana, Brea or Yorba Linda, if you have been charged with a DUI, call an experienced DUI defense attorney right away to assist you.

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November 15, 2009

Orange County Gets Grant for DUI Enforcement

The Orange County Sheriff's Department just received a three year, $874,852 grant for DUI prevention and enforcement. The grant will pay for DUI checkpoints, extra patrols, warrant searches and court stings (where officers follow people from court who have suspended licenses to see if they drive). The money will also be used to increase enforcement around big events like the O.C. Fair or sporting events. Additionally, money will be spent on extra officers around holidays such as St. Patrick's Day and Cinco De Mayo, to ensure that the roads are free of intoxicated drivers.

More DUI enforcement means more driving under the influence charges for the people of the county at first. After that, people will be aware that there are more cops around and that they are specifically targeting drunk drivers and people will be too scared to drive drunk. If you are celebrating an event and want to drink,arrange for a driver so that you do not have to worry about getting arrested. A DUI arrest will stay on your record and cost you quite a bit in fees. Whether you live in Westminster, Aliso Viejo or Stanton, if you are charged with a DUI, call an experienced DUI defense attorney right away to assist you.

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November 14, 2009

Two California Men Die From Off-Roading While Drunk

Joseph Anthony Phillips and Timothy O'Brian of Winchester, California were off-roading in Menifee on Wednesday of this week. These men had been drinking beers throughout the day and while off-roading and were not wearing seat belts. As they were driving on a dirt road, they picked up speed and the car lifted up over Leon Road and landed on an embankment on the other side of the road. Both men hit the dashboard and the windshield and were killed instantly.

The combination of alcohol, speeding and no seat belts often leads to death whether someone is driving on a paved road or not. It is very unfortunate that these men were killed while doing something that they likely thought was harmless and fun. Even while off-roading, a person may be charged with a DUI if they are driving while intoxicated. Whether you live in Laguna Hills, Santa Ana or Tustin, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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November 12, 2009

Bay Area Legislator Considers Three Strikes Law For DUI's

Senator Leland Yee of San Mateo wants to pass a law that would revoke the license of a person who is convicted of more than a few driving under the influence charges. He says he is shocked that there is no upper limit to the amount of DUI's a person can get and still get back their driver's license. Right now, first time offenders lose their license for four months and a third time offender loses their license for three years. The more DUI's a person gets, the longer they have to wait to get their license again. Besides losing your license, you also have to pay court fees, higher car insurance rates, attend alcohol education classes and go to jail. Even with all these penalties, the Senator still believes that we are letting DUI offenders off too easily.

The article mentions a DMV report that claims that the more DUI's a person has, the more likely that person will be arrested again. After getting more than a few DUI's, it is likely that you may have an alcohol problem and it is best to take alcohol education classes or go to rehab before you get into an accident that injures or kills someone. Whether you live in Laguna Hills, Westminster or Newport Beach, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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November 10, 2009

Lake Elsinore Councilman Arrested for DUI

Last Friday, Lake Elsinore City Councilman Thomas Buckley was pulled over by an officer who noticed that his front license plate was missing. After questioning Buckley about his license plate, the officer became suspicious that Buckley had been drinking. After issuing a Breathalyzer test, Buckley was arrested on suspicion of misdemeanor driving under the influence. Prior to this incident, Buckley had been suspected of profiting from a land deal and was told he had to be up for a recall election in February. Most people think that this DUI will hurt his chances of being re-elected in the recall election. Buckley was apologetic and took full responsibility for the incident.

Often times, a DUI can ruin a person's career. People who hold titles or high positions are often under strict scrutiny by the public because of the influence they have on the community. Hopefully, Buckley learned a valuable lesson and will not make this mistake again. If convicted, Buckley likely faces fees, alcohol classes and a restricted license. Whether you live in Newport Beach, Fullerton or Laguna Niguel, if you are charged with a DUI, call an experienced criminal defense attorney right away to assist you.

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November 7, 2009

California Drunk Driver Causes Fiery Crash

Earlier this week, a drunk man got behind the wheel of his Volkswagen Golf in Vacaville, California. Officers noticed that he was driving 100 m.p.h. so as they ran his license plate, he started swerving in and out of his lane. The officer tried to pull him over but he crashed into 2 cars, pinning one against the wall. The drunk driver jumped out of his vehicle just before it caught on fire. Police detained him and after testing his blood alcohol content (BAC), results showed that he had a BAC of a .21%. The man was arrested on suspicion of DUI and taken to jail.

The blood alcohol content limit in California is a .08%. This means that if an officer pulls you over and your Breathalyzer results show that you have a blood alcohol content of .08% or higher, you will be arrested on suspicion of driving under the influence. Sentences range from license suspension to jail time. Possible defenses include malfunctioning Breathalyzer equipment and road conditions that caused the driver to drive recklessly. Whether you live in Orange, Brea or Laguna Niguel, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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November 6, 2009

California Man Crashes Car While Driving Drunk

Francisco Romero Gutierrez, 19, was driving in Fillmore on Sunday night while intoxicated. He lost control of his vehicle and it crashed into a metal guardrail. Gutierrez sustained a broken neck, abrasions and bruising. His passengers Cesario Sandoval and Jose Luis Solorzano were also injured. All three men were taken to the hospital. Gutierrez was then arrested on suspicion of felony drunk driving.

Since this was a holiday weekend, many people were driving drunk. Luckily, Gutierrez did not kill anyone. The passengers in his vehicle should have made sure that he was not going to drive. Now Gutierrez faces jail time, court fines, a revoked license, probation and alcohol classes. Whether you live in Irvine, Laguna Niguel or Villa Park, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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November 5, 2009

California Teen Who Led Police on Chase May Have Been Drunk

This weekend, a 17-year-old boy led police on a brief chase through Moorpark, that ended with two police cars being hit. An officer saw the boy run a red light so the she tried to stop the driver, but he sped off. The driver then swiped two police cars before speeding up on Highway 118, exceeding speeds of 85 m.p.h. After a few minutes, the boy lost control of the car and it flipped over a few times. The passenger of the vehicle was thrown out of the car and the driver was trapped inside the car. After being rescued, he was arrested on suspicion of assault with a deadly weapon on a peace officer, causing injury while fleeing from a piece officer and driving under the influence of alcohol and causing injury.

It is likely that this boy was so intoxicated that he thought he should take his chances and flee versus get caught for driving under the influence while being underage. Unfortunately for this young boy, he will likely face jail time, have to take alcohol classes, have his license revoked and get probation. If a police officer ever wants to pull you over, do not flee. You will be caught and face even more charges and steeper penalties. Whether you live in Westminster, Anaheim Hills or Villa Park, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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November 4, 2009

California Man Convicted for Seventh DUI

William Scott Simon was arrested in January for drunk driving when he drove into a parking lot through the wrong entrance, parked crookedly and stumbled into a Starbucks. Police tested his blood alcohol level, which revealed a .22% blood alcohol content. Last week, a judge sentenced him to two years in prison for this January event. Alone, this DUI would rarely qualify a person for 2 years in prison. This incident, however, was followed by six other DUI's spanning about 20 years.

Being charged with seven DUI's in around 20 years indicates that Simon likely has an alcohol problem. Beside prison time, it is likely that the judge may have recommended that Simon go to rehab, attend alcohol education classes and have his license revoked. Luckily, Simon has not hurt or killed himself or others around him yet. Hopefully, prison time will make him realize the severity of his crimes.

Whether you live in Santa Ana, Yorba Linda or Irvine, if you are charged with a DUI, call an experienced DUI defense attorney right away to assist you.

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November 2, 2009

Man Gets DUI on Motorized La-Z-Boy Recliner

Dennis LeRoy Anderson plead guilty on Monday to driving while under the influence. After going to the Keyboard Lounge and drinking a few alcoholic beverages, Anderson got on to his motorized La-Z-Boy and accidentally crashed it into a car in the parking lot. Officers arrived and Breathalyzer results proved that Anderson had a blood alcohol level of .29%. They impounded his vehicle, arrested him and put him in jail. The La-Z-Boy was powered by the engine of a lawn mower and had a steering wheel, an antenna, headlights, a radio and a cup holder. Police estimated that the chair could go as fast as 15-20 m.p.h. The vehicle will likely be sold at the next police auction. A picture of the vehicle can be seen here.

People often think that you can only get a DUI while driving a car. This is wrong. You can receive a DUI while operating a bike, a motorcycle, a boat and almost anything else with a motor. If you are drunk, call a taxi cab to drive to you home instead of risking getting a DUI. Whether you live in San Clemente, Anaheim or Laguna Beach, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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November 1, 2009

Sacramento Receives $1 Million Grant for DUI Prevention

This week, Sacramento received a $1 million grant to use for aggressive prosecution and prevention of DUI related injuries and deaths. The money will be spent on a two year program that has two parts. The first part of the program will be for the prosecution of DUI offenses. A special team will be formed to prosecute DUI related offenses and take a vertical approach that requires one person to handle the case from beginning to end to more effectively prosecute DUI offenders. The second part of the program will be for the education of the community. A community service officer will present a drivers safety program using personal stories, photos and even a wrecked car to show the emotional aspects of DUI offenses. The educational program will teach safe driving as well as help passengers develop confidence to prevent drinking and driving by being assertive and taking the wheel if the driver is drunk.

This program seeks like a great way to reduce DUI injuries and fatalities while also being educational for people who may not know all of the dangers of drinking and driving. In California, DUI offenses have been going down and hopefully this program will further reduce DUI injuries and fatalities. Whether you live in Anaheim, Santa Ana or Laguna Woods, if you have been charged with a DUI, call an experienced DUI defense attorney right away to assist you.

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October 31, 2009

Nascar Driver AJ Allmendinger Arrested for DUI

This week, AJ Allmendinger was pulled over in North Carolina because of drunk driving. Police said he blew a .08% on the breathalyzer machine. Allmendinger said he had gone to dinner that night and had a few drinks. He said he did not feel drunk but should have known better than to drive, since he is a Nascar driver and a DUI could ruin his career. Nascar suspended him from driving race cars until next year. From now on, Allmendinger says he wants to educate people on driving responsibly and be a good role model.

Luckily, Allmendinger was not drinking before racing his car. Racing is already a dangerous sport and if he was intoxicated while driving, he could have killed himself or others around him. Since he did not cause any damage, it is likely that Allmendinger will just have to pay some fees and take an alcohol education class, as opposed to going to jail. If he is charged with another DUI, his license will likely be revoked, thereby ruining his racing career. Whether you live in Santa Ana, Brea or Laguna Niguel, if you are charged with a DUI, call an experienced DUI defense attorney right away to assist you.

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October 26, 2009

Former California Highway Patrol Captain Charged with DUI

In March of this year, in San Luis Obispo, Martin Joel Whited was cited for driving under the influence of alcohol but was not tested or arrested. At the time of the DUI, Whited was an administrative captain in the Coastal Division headquarters of the California Highway Patrol. After the DUI, he was demoted to lieutenant and is working in Modesto for the California Highway Patrol. This month, the county District Attorney's office filed a misdemeanor complaint against Whited for the DUI and he is scheduled to be arraigned in December.

It is likely quite embarrassing for Whited to be charged with a DUI, since he is a California Highway Patrol officer. He, of all people, should know the dangers of drinking and driving and he should be doing everything in his power to make the streets safer. As his sentence, he will likely receive probation and have to pay court fees.

Whether you live in Orange County, Riverside County or Los Angeles County, if you are charged with a DUI, call an experienced DUI defense attorney right away.

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October 25, 2009

California Highway Patrol Officer Injured by Drunk Driver

This month, in Temecula, an officer was trying to manage traffic near a two-car collision on Pala Temecula Road. Nicholas Gabbard approached the accident site in his vehicle, without slowing down. The officer attempted to get out of the way but Gabbard hit him in the ankles and drove off. Gabbard then turned around and approached the scene again, this time hitting an ambulance and fire truck. Officers arrested him for felony DUI, felony hit and run and driving on a suspended license. The injured officer was taken to the hospital and was later released.

Driving drunk and hitting a person is a serious offense, especially when the person you hit is an officer. If you ever hit a person or a car, make sure to stop and get out of your car. Exchange insurance information if you hit a car. If you hit a person, make sure they are alright and call the police. Leaving the scene of the crime shows that you wanted to get away from the crime instead of face responsibility. Whether you live in Santa Ana, Irvine or Yorba Linda, if you are charged with a DUI, call an experienced DUI defense attorney to assist you. Possible defenses to a DUI charge include: improper field sobriety tests, machine failure for blood alcohol testing, road conditions and medical conditions.

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October 23, 2009

Anaheim Police on DUI Alert During Angels Game

With all of the Angels games taking place in Anaheim this week, Anaheim has been in full party mode. Most fans love to tailgate before the game, drink during the game, party after the game, and then drive home. Of course, this leads to many driving under the influence charges for the fans. Because of this, Anaheim Police have decided to step up patrolling the area since they recently received an anti-DUI grant from the state to pay for saturation police and DUI checkpoints. Police are constantly reminding Angels fans about the ill fate of rookie pitcher Nick Adenhart and his two friends who were killed by a suspected drunk driver earlier this year. Police want to remind the fans to drink responsibly and avoid the roads if you have been drinking.

It is so unfortunate that Nick Adenhart was killed by a drunk driver and could not see how far the Angels got in the playoffs. It is a harsh reality that drunk drivers are out on the streets everyday and are killing and hurting themselves and others. Police remind drivers to report drunk drivers since it is an emergency that requires police assistance right away. Whether you live in Santa Ana, Brea or Laguna Niguel, if you are charged with a DUI, call an experienced DUI defense attorney right away.

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October 20, 2009

Reality Star Stephanie Pratt Arrested for DUI in Los Angeles

This weekend, after partying at a cast-mate's birthday party, the "Hills" reality star Stephanie Pratt was arrested for a DUI. Officers issued field sobriety tests and breathalyzer test results stated Pratt had a blood alcohol level of .08% and a .09%, which put her at and above the legal limit. She was arrested and taken to jail and then released on $5,000 bail. As she was getting arrested, people in the streets saw her and started taking pictures, which led to a fight among on-lookers. No one was arrested for the fight.

Pratt had reportedly had substance abuse problems before moving to Los Angeles. Often, drinking is the first step that leads back to a destructive habit. Since this is Pratt's first DUI, she will likely not face jail time and instead have to pay fees and possibly get her license revoked. Whether you live in Tustin, Lake Forest or Anaheim Hills, if you are charged with a DUI, call an experienced DUI defense attorney right away to assist you. The attorney may be able to fight the charges if there was an error in the breathalyzer equipment.

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October 19, 2009

DUI Driver Causes Two-Car Collision in Temecula

Last week, around 5 a.m. in the morning, Javier Luna-Alanis was driving on I-15 in Temecula. He changed lanes and accidentally hit the tail end of a car driven by Iryna Hogan, causing both cars to lose control and stop in the middle of the freeway. Both drivers suffered minor injuries and were taken to the hospital. Luna-Alanis was then arrested on suspicion of drunken driving causing injury.

If you are charged with a DUI, a good DUI defense attorney will know several tactics that can lower your sentence or even drop your charges. Possible defenses include insufficient evidence, inaccurate test results, medical conditions and road conditions. Whether you live in Lake Forest, Huntington Beach or Irvine, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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October 18, 2009

Bakersfield Police Launch Program to Combat DUI Accidents

The Bakersfield Police Department just received a traffic safety grant that they plan on using to launch a DUI program to prevent DUI fatalities and injuries. The program will target DUI offenders and also educate the public on the dangers of drinking and driving. The money from the grant will be used for DUI checkpoints, saturation police, and sting operations that will target people who are repeat DUI offenders and have their licenses revoked. Police will also be educating motorcyclists since motorcycle accidents are on the rise. From 1998 to 2008, motorcycle accidents increased 175%.

Bakersfield has launched similar programs before and they have been proven effective. With increased DUI patrolling comes safer streets. As bad as it is to get a DUI, it is much worse if you actually kill someone while driving under the influence of alcohol or drugs. Whether you live in Los Angeles County, Riverside County or Orange County, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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October 17, 2009

Actor Thomas Dekker Arrested in Hollywood for DUI

On Wednesday evening, actor Thomas Dekker was trying to get onto the freeway in North Hollywood, when he struck a bicyclist who was riding through the crosswalk. Police arrived and after issuing field sobriety tests, they arrested him on suspicion of driving under the influence of an alcoholic beverage resulting in an injury to a party involved in a traffic collision. He was taken to jail and then released on $100,000 bail.

Driving under the influence
is very dangerous and can lead to injury or the death of you or others around you. Other notable celebrities that have been caught driving under the influence include: Paris Hilton, Mel Gibson, Michael Phelps, Lindsay Lohan and many others. Whether you live in Orange, Tustin or Laguna Beach, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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October 15, 2009

Marine Killed in California by Drunk Driver

On Saturday, Lance Corporal Robert T. Austin was driving on the I-15 in Escondido. He got into a small fender bender accident with a nearby car, that caused Austin's car to spin out of control. Austin and the passengers got out of the car and seconds later, another car crashed into Austin's stalled car and Austin was knocked off of the freeway and down an embankment. The driver then fled.

Soon after, a third car hit the second car that had been abandoned on the road, causing the passenger of the third car to be killed instantly. Austin was taken to the hospital where he was pronounced dead. The driver of the second car, Oscar Tinoco, was found and arrested on suspicion of vehicular manslaughter, felony driving under the influence and felony hit-and-run.

Multi-car accidents occur all the time. Unfortunately, they are often caused by drunk drivers. If you are planning on drinking, find a designated driver to take you home. If Tinoco is convicted of all of these charges, he may spend the rest of his life in prison. Regardless if you live in Orange or Irvine, if you are involved in a DUI accident, call an experienced DUI defense attorney right away to assist you.

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October 14, 2009

New California Bills Affect DUI Offenders

Governor Arnold Schwarzenegger signed two bills this week, that will toughen penalties for DUI offenders in some cities. According to one of the bills, a pilot program will be launched in Alameda, Los Angeles, Sacramento and Tulare, that will require people convicted of driving under the influence to install ignition interlock devices in their cars. These devices would require the driver to breathe into a tube on the device, which would test the driver's blood alcohol level. The car would not start if the driver had a blood alcohol level of .08% or higher.

The other bill will allow repeat DUI offenders to apply for a restricted license if they install the ignition interlock device. About 50-75% of people who get their licenses revoked for a DUI, still drive, so this would make it easier for them to get a license and would give them an incentive to use the new device.

In New Mexico, this program has been implemented since 2003 and they have noticed a 22% decrease in alcohol related fatalities. Proponents say this will be the same result in California. Opponents question the effectiveness of the devices. I think this is a great way to reduce repeat offenders from driving while intoxicated, but I too question the effectiveness and the false positives that could result from the device.

Whether you live in Mission Viejo, Brea or Anaheim, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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October 13, 2009

California Woman Gets In DUI Accident With Kids In Car

Last week, Michelle Niemiec was driving with her children around 2 p.m. She ran a stop sign in Lakeside and crashed into a dirt embankment. She and her children were badly injured. Niemeic broke both of her ankles and her three children all had injuries that needed medical attention. Allegedly, Niemiec had not been wearing her seat belt at the time of the accident. After being released from the hospital, she was arrested on suspicion of driving under the influence of a controlled substance. Niemiec is expected to be charged with felony DUI and child endangerment.

It is quite obvious that if you drive while under the influence of alcohol or drugs, you are likely to injure someone or yourself. Since Niemiec was driving her children around, she should have known better than to drive while under the influence. Since she did drive while under the influence, she is now facing child endangerment charges because her children were injured while under her supervision. If convicted of both charges, Niemiec may face jail time. Whether you live in Orange, Huntington Beach or Aliso Viejo, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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October 12, 2009

Two Drunk La Palma Men Causes Accident on Freeway

Last week, around 2 a.m., a blank Infiniti driven by Ryan Dewindt rear-ended a Mustang driven by Victor Ontiveros. Both cars were trying to get off the exit and after being hit, the Mustang crashed into a tree near an apartment building. Police were called and after the men were questioned, officers noticed that both men were intoxicated. They were both arrested on suspicion of driving under the influence. Ontiveros may also be charged with obstructing an officer's duty because he refused to get out of the car after the accident.

What are the odds of two drunk people running into each other? It seems rare, but it's probably common at that time of night. These men were likely released after they sobered up and will face fines, license suspension and restitution for the damage caused to the cars. Whether you live in Tustin, Santa Ana and Orange, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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October 11, 2009

Nick Nolte's Son Arrested for DUI in California

Earlier this week, police arrested Brawley King Nolte for suspicion of driving under the influence and possession of a controlled substance. Nolte was driving through Santa Monica, when he struck another vehicle as he was trying to change lanes. When officers arrived, they noticed Nolte exhibiting signs of impairment so they issued field sobriety tests. Nolte was arrested, taken to jail and then released on $5,000 bail.

Brawley Nolte's father, Nick Nolte, is a famous actor who has battled alcohol and drug problems. In 2002, he received a DUI and then checked himself into a hospital for alcohol counseling. Hopefully, Brawley learns from his mistake and is not arrested again for a DUI. A first time DUI comes with fines and a license suspension. A second DUI comes with stiffer penalties. Whether you live in Fullerton, Huntington Beach or Laguna Woods, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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October 9, 2009

California Couple Uses 13 Year-Old as Designated Driver

A Marin County couple wanted to avoid getting another DUI over the weekend, so they gave their keys to a 13-year-old boy and asked him to drive them home since they were drunk. After driving for a little while, the boy got scared and stopped the car on the side of the road. Police saw the stalled car and went over to find out what was going on. The woman was arrested and charged with a misdemeanor count of child endangerment and contributing to the delinquency of a minor.

If you are drunk and you need to get home, get a designated driver to take you home. Even when severely intoxicated, most people should know that people under 16 are not legally allowed to drive. Call a taxi cab or a designated driving service if no one in your party is sober enough (or old enough) to drive you home. Instead of this woman getting a DUI, she now faces child endangerment charges which are much worse.

Whether you live in Villa Park, Lake Forest or Irvine, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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October 8, 2009

Mel Gibson Files Motion to Dismiss DUI From 2006

Last month, Mel Gibson's attorney filed a motion to dismiss Gibson's no contest plea to his 2006 DUI charge. Gibson's 2006 DUI arrest was memorable because of the anti-Semitic comments made to the police officers that arrested him. Gibson's sentence for the DUI was three years of probation, fines of over $1,300, 11 months of Alcoholics Anonymous and three months of an alcohol abuse program.

A dismissal motion may be filed by the defendant if all probation conditions are met (California Penal Code section 1203.4). After filing the motion, there will be a hearing where Gibson will plead not guilty. After the plea, the judge can then decide if the charges will be dismissed or not. The judge looks at the fulfillment of probation conditions, the defendant's progress and his criminal history, among other things, in determining whether to dismiss the charges or not. The hearing will occur sometime this week.

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

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October 7, 2009

Drunk California Driver Arrested After Hitting Tow Truck

This weekend in Danville, a 23-year-old man was driving drunk on Interstate 680 around 1 a.m. A tow truck operator was working on a car on the side of the highway, when Kevin Dubrall crashed into the back of the tow truck. Dubrall suffered cuts to his head and arm and the tow truck driver received back injuries, although he was not hit by the car or truck. After being released from the hospital, Dubrall was arrested on suspicion of felony driving under the influence.

A normal DUI without any damages will be a misdemeanor. A felony DUI is received if there were damages or injuries or if the suspect had prior driving under the influence charges. Sentences can vary from no jail time to a couple of years in prison. Regardless if it is a misdemeanor or felony, a DUI comes with fines, license revocations and alcohol classes.

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

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October 5, 2009

Comedian Artie Lang Pleads Guilty to DUI

In July of this year, comedian Artie Lange was pulled over while driving in New Jersey. Officers thought he looked intoxicated and tests revealed that he was under the influence of sleeping pills. He was arrested and charged with driving under the influence. He plead guilty to driving under the influence of a habit producing drug and was fined $664, had his license revoked for a year and has to take an intoxicated driver's program. Lange's attorney claims he plead guilty to avoid the media interfering.

A person can be charged with driving under the influence if they are under the influence of a prescription drug. It is irresponsible to be driving under the influence of a drug that is known to cause drowsiness or loss of coordination. If you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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October 4, 2009

Los Angeles Sheriff Deputy Sentenced in DUI Crash

In June of last year, a Los Angeles County Sheriff's Department deputy was driving his county issued Chevrolet SUV in the middle of the night, while under the influence of alcohol. Deputy Robert Andrew Moran crashed his car into another car at the intersection of Beach Boulevard and Garden Grove, injuring the driver and passenger of that car. He was charged with driving under the influence causing injury and driving under the influence with a blood alcohol level of about a .08%. He plead no contest to these misdemeanor charges and, this week, was sentenced to home confinement for six months. Additionally, he was put on probation for 3 years and required to enroll in a three-month DUI first offender program. He was placed on unpaid leave from the Sheriff's department after the incident, but will seek reinstatement after confinement is over.

Normally, the punishment for a first time DUI includes: fees, probation and alcohol education classes. It seems that Moran was punished quite severely for a first time DUI offense in that he also was given home confinement. It is likely that the District Attorney wanted to prove that everyone gets punished for violating laws, including officers. Whether you live in Santa Ana, Aliso Viejo or Laguna Beach, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you.

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October 1, 2009

Newport Beach DUI Checkpoint Results

Last Thursday, from 9 p.m. to 3 a.m., Newport Beach Police set up a sobriety checkpoint on Dover Drive. About 340 cars drove through the checkpoint, 308 cars were given DUI material and information and were observed by officers, 11 of the drivers were given field sobriety tests, 6 were arrested for driving under the influence, 11 citations were given and 7 cars were towed.

DUI checkpoints can be costly for cities, but many cities think its worth it. DUI checkpoints scare the community to not drink and drive and also save people's lives. If you ever want to know if there will be a DUI checkpoint in your area, call the local police station and ask. Even if there is no DUI checkpoint, there is often police saturation during the weekend to catch drunk drivers. Whether you live in Huntington Beach, Irvine or La Palma, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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September 30, 2009

Newport Beach Receives $200,000 Grant for DUI Prevention

Newport Beach Police just received about $200,000 from the California Office of Traffic Safety for its DUI enforcement program. This grant was approved last week because of the high rates of DUI's in Newport Beach. The grant will fund six DUI checkpoints, 110 DUI saturation patrols, and two DUI court sting operations where police wait by Harbor Justice Center and catch people driving with suspended licenses that were revoked because of a DUI.

It is great that Newport Beach will step up its DUI enforcement because alcohol awareness and DUI prevention is important and pivotal in preventing DUI accidents and fatalities. These days, so many people get DUI's and don't think they are a big deal. Driving under the influence is a big deal however, because it leads to extensive fines for you, probation, a revoked license and possible jail time. Whether you live in Orange, Costa Mesa or Laguna Woods, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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September 29, 2009

Actress Tawny Kitaen Arrested for DUI in Newport Beach

On Saturday afternoon, around 3 p.m., actress Tawny Kitaen was in a car accident in Newport Beach on Bristol North and Campus Street. Police were called and after suspecting Kitaen of being intoxicated, they arrested her. Police were not clear if she was under the influence of alcohol or prescription drugs at the time of the arrest. She was released soon after being arrested on $2,500 bail.

Kitaen recently appeared on the reality show "Celebrity Rehab." There, she admitted being addicted to drugs. Her prior criminal past involved domestic violence and drug charges.

Often, if you are addicted to one drug and you try to stop using that drug, you may turn to another one to fill the void. Hopefully, Kitaen has not become an alcoholic and this was a one time event. Whether you live in Laguna Beach, Brea or Orange, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you.

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September 27, 2009

San Juan Capistrano Man Arrested for DUI Crash

Last week, during early morning hours, a woman heard a loud crash in her neighborhood and called police. Police arrived at 1 a.m. to find a red Ford pick-up truck with no tires that had crashed into a parked van on La Zanga Street in San Juan Capistrano. Josue Sanchez Munoz was arrested for driving under the influence.

Recently, The San Juan Capistrano City Council had discussed the problem of parking in this neighborhood since parked cars were frequently hit by passing cars.

Fortunately for Munoz, he just hit a parked car while no one was in it. To his credit, he did the responsible thing and stuck around instead of trying to flee. Since no one was hurt, it is likely that Munoz will have to pay for the damage he caused to his car and the parked van and be put on probation for three years. Had the parked car been occupied, he would have faced felony DUI charges and jail time. If he is convicted of a future DUI, he will likely go to jail and have to take an 18 month alcohol class. Whether you live in Newport Beach, Anaheim Hills or Brea, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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September 26, 2009

Costa Mesa DUI Suspect Crashes into Light Pole

Matthew Cheeks was driving drunk in Costa Mesa around 2:15 on Friday morning. He was on Canyon Drive and Victoria Street when he crashed into a light pole. The power went out in the neighboring area for a few seconds and then came back on. Police arrived at the scene of the crash and had to cut Cheeks out of the car, since the car was completely totaled. He was rushed to the hospital but only had minor injuries. He is likely going to be charged with driving under the influence.

In looking at the pictures of Cheeks' car after the incident, he is lucky he was not killed. Driving under the influence can lead to serious consequences. Luckily, it was so late at night that not many cars were on the road. Cheeks needs a good DUI defense attorney to assist him. A good attorney would look at his blood alcohol level to see if he was actually intoxicated. Additionally, the attorney would look into road conditions to see if there was another cause for the accident. Whether you live in Santa Ana, Fullerton or Huntington Beach, if you are charged with a DUI, you will need an experienced DUI attorney to assist you.

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September 24, 2009

California Man Struck By Drunk Driver While Pushing Car

Last week, Gerardo Perez of San Diego, was pushing his broken down Toyota off of Interstate 805 in the middle of the night. A 1988 Honda Accord came speeding towards him and hit him and his car. Perez received serious leg injuries and was taken to the hospital immediately. The driver, Charlene June Festa, was taken to the hospital after the collision as well. She was then arrested and taken to jail for felony drunk driving.

Festa will need an experienced DUI defense attorney to assist her. A good attorney would look at how well the roads are lit and road conditions to determine if there was another cause of the accident. Additionally, the attorney will look into Festa's blood alcohol level to see if she was in fact intoxicated. Lastly, the attorney would find out the details of the accident scene, including if the car was in the middle of the road or on the side. With these details, a good attorney can prepare adequate defenses to the DUI charge.

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September 23, 2009

Factors in Alcohol Impairment

In California, driving with a blood alcohol level above a .08% is against the law. Most people do not know when they get to the .08% level, though. This article put forth guidelines to gauge what your approximate blood alcohol level is at at any given point. Of course, these factors vary depending on a person's weight, if they are sick, taking medications, or drinking on an empty stomach.

Using the example of a person that weighs between 150 and 170 pounds, if a person drinks two drinks within an hour, they are likely between a .01% and a .04%. If they drink three drinks within an hour, they are likely at a .05% to a .07%. If they drink more than that, they are well over .08%. In this example, a drink is defined as a 1 1/2 ounce shot of liquor, a 5 ounce glass of wine or a 12 ounce glass of beer. To see other examples, click here.

The safest bet is to not drink and drive because even if you have less than a .08% blood alcohol level, you may still be pulled over for reckless driving or you may still cause an accident. Whether you live in Foothill Ranch, Yorba Linda or Lake Forest, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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September 22, 2009

20 Year-Old Newport Beach Man Gets DUI

Howard Lee, a 20-year-old from Newport Beach, was in an accident this weekend, while under the influence. Allegedly, he was speeding while under the influence of alcohol, when he got into a car accident and his SUV flipped over and trapped him in it. Paramedics were called to East Coast Highway and Bayside Drive in Newport Beach, where they worked to get him out of the car. He was arrested on suspicion of driving under the influence and taken to the hospital, where he was treated for minor injuries.


Driving under the influence
is a serious charge. Driving under the influence when you are not yet 21 is an even more serious charge. Under California law, a person under 21 can get a DUI even if their blood alcohol level is at a .01%. Also, people under 21 are not allowed to refuse a blood alcohol test and have to give consent. Consequences of getting a DUI before you are 21 include fines, jail time, license suspension and probation.

Whether you live in Fullerton, Newport Beach or Mission Viejo, if you are charged with a DUI, you will need an experienced defense attorney to assist you.

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September 21, 2009

Drunk California Man Injures 3 People

Danny Boissiere was arrested this week for a hit-and-run, a DUI and possession of a stolen vehicle. He was driving in a Ford Explorer that was stolen from Pacifica. A man called officers because Boissiere appeared to be intoxicated. Officers tried to stop the car but Boissiere accelerated to 90 miles per hour. The driver then made an abrupt turn and crashed into a near-by Jeep Wrangler. Inside the Wrangler was Mr. and Mrs. McCurdy and their 2-year-old son. The Jeep flipped over and all the passengers were injured. Boissiere kept driving until he collided into a fence. He jumped out of the car and tried to run from officers but he was immediately apprehended.

Driving a stolen vehicle, driving under the influence and a hit-and-run are all serious crimes that will come with a long prison term. Boissiere will need an experienced criminal defense attorney to assist him in fighting these charges. A good attorney would read the lab results to see if Boissiere was actually intoxicated. He would also look at road conditions to see if there was another possible cause for the accident.

Whether you live in Foothill Ranch, Stanton or Corona Del Mar, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you.

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September 18, 2009

California DUI Prevention Program Wins Award

A Bakersfield program called "Life Interrupted Mobile Exhibit" won the Program of the Year award from The California Crime Prevention Officer's Association this past week. The program is aimed at showing children the dangers of drinking and driving. The presentation consists of a DUI crash trailer exhibit which shows an actual car that was involved in a DUI accident and a video that tries to relay the emotions behind a DUI crash. The Life Interrupted program is taken to junior high and high schools in Bakersfield to lower the high rate of DUI fatalities. Since the programs start in 2002 to 2007, teenage fatalities went from 12 in 2002 to 1 in 2007.

Programs like this are a great way to teach kids the dangers of drinking and driving. Lecturing students is one thing, but actually showing them a car that was involved in a drunk driving accident and showing a video on the family's reaction and the emotional toll it takes on them, is something else. Once students feel the pain of the families and see the damage, they will definitely think twice before drinking and driving. I think the next step that this program should take is to take the exhibit to college campuses. In college, the students are actually old enough to drink and the program may be even more effective at that point. Nevertheless, the program is a great way to deter driving under the influence and reduce DUI fatalities.

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

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September 17, 2009

Launch of Orange County DUI Prevention Task Force

The Automobile Club of Southern California has teamed up with County of Orange Health Care Agency Alcohol and Drug Prevention Team (ADEPT) and announced the launch of the Orange County DUI Prevention Task Force. The goal of this task force will be to address DUI issues in Orange County and do what they can to prevent them. Sub committees plan on addressing issues in law enforcement, public policy, marketing and community education. Although this is the first year in 10 years that DUI's have decreased, the task force feels that there needs to be more DUI prevention to prevent future DUI fatalities.

I think it is great that there are more DUI prevention programs emerging everyday. DUI arrests among women are on the rise, so the DUI prevention program will also target women to explain the effects of drinking and driving. I think an important factor that the program must stress is that, besides staying on your record and possibly requiring you to spend time in jail, DUI's can cost around $10,000 each because of attorney's fees, court fees and restitution. If the legal consequences won't scare people, maybe the financial consequences will.

Whether you live in Santa Ana, Huntington Beach or Brea, if you are charged with a DUI, you will need an experienced Orange County DUI defense attorney to assist you.

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September 15, 2009

Drunk Laguna Beach Man Causes Serious Injury to Passenger

Matthew Craybas of Huntington Beach was driving drunk on Pacific Coast Highway on Sunday. While driving, Craybas crashed into a barrier that separates the road from the sidewalk and the whole car flipped over. His female passenger was thrown out of the car and received severe head injuries. When officers arrived, they took her to the hospital immediately since she was in critical condition. Craybas was then arrested on suspicion of felony DUI and taken to Laguna Beach jail.

Driving drunk is so dangerous because driving requires plenty of concentration and coordination. Pacific Coast Highway is known to be a long stretch of windy roads filled with pedestrians crossing and other distractions along the way. Craybas should have known better than to drive drunk and now he will face serious charges against him. Whether you live in Anaheim Hills, Mission Viejo or Fullerton, if you are charged with a DUI, you will need an experienced Orange County defense attorney right away.

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September 12, 2009

Proposed California Bill Pertains to Driving Under the Influence

Proposed Bill AB 91 involves a new device called ignition interlock device. The Bill would require Los Angeles County, Alameda, Sacramento and Tulare to establish a pilot program that would require DUI offenders to have an ignition interlock device installed in their car as a condition of them getting their license back. This device would detect if the driver has been drinking alcohol and would not let the car start. The results would then be reported to the county, court, or DMV. The program would take into effective in 2010 and by 2015, the Legislature would evaluate the effectiveness of the program and determine if it should be permanent.

I think that this program will be very effective in reducing second and third DUI charges. Some concerns I do have, however, are if there are false positives or inaccurate results and how that would affect being charged with another DUI. For example, what if the passenger is drunk but the driver is not, but the device picks up the scent and the driver gets reported to the DMV. There would be no way of proving that the passenger was in fact drunk and not the driver. I think there will be a lot more litigation surrounding the ignition interlock device, but it will be effective in reducing DUI charges and accidents.

Whether you live in Anaheim, Orange or Mission Viejo, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you in court.

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September 11, 2009

California DUI Victim Reinvents Herself After Accident

Nancy Nevins was the lead singer of a band called Sweetwater, a band who had opened for Woodstock. They had been performing with legendary bands, making albums and making T.V. appearances. Then, in the winter of 1969, while Nevins was driving with one of her friends, an accident shut down the Glendale freeway. As everyone was breaking in front of her, a drunk driver driving 65 miles per hour, hit the car. Doctors initially thought Nevins would die because of the extent of her injuries. After she made a little bit of recovery, doctors said she would be in a coma for the rest of her life. She proved doctors wrong by coming out of the coma and becoming a fully functioning woman again. The only problem was, her vocal cords were pretty much destroyed. Her dreams of singing again were shattered.

The band disbanded and Nevins was crushed. She tried to get her singing voice back, but it was gone. She hit rock bottom and could only come up. At that moment, she realized that she was a good writer and could use that to her advantage. She became an English teacher at Glendale Community College. She has been working there for years and loves her job and it has given her the confidence to start singing again. Her voice and her style is not the same but she says she is still a success story after a tragic accident.

Driving under the influence can lead to serious consequences. This drunk driver almost killed Nevins and would have been charged with manslaughter. Luckily, Nevin pushed through and survived the accident. Whether you live in Brea, San Clemente or Orange, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you in court.

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September 10, 2009

What Happens Once You Get a DUI in California?

If you are charged with a DUI or alcohol is a contributing factor in an accident you caused, the court or the DMV will likely sentence you to an alcohol program or class. These are the different types of programs:

If you get a reckless driving charge with alcohol as a contributing factor, the court will likely require you to take a 12-hour alcohol program that discusses the dangers of drinking and driving.

When you get charged with your first DUI, you will likely have to go to a three month or 30-hour program. If your blood alcohol level was very high, you will have to go to a nine month 60-hour class.

Second time offenders are sometimes given jail time along with an 18-month program. In the program there are 52 hours of group counseling, 12 hours of drug and alcohol education, six hours of community reentry monitoring, and biweekly individual interviews for the first year of the class.

Even with all of these programs, DUI's and DUI fatalities are still high. In 2006, there were more than 31,000 alcohol related traffic injuries in California. Whether you live in San Clemente, Orange or Santa Ana, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you.

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September 9, 2009

Orange County DUI Arrests over Labor Day Weekend

Between Friday night and Monday morning in Orange County, about 73 people were arrested on suspicion of driving under the influence. Last year, there were only about 67 arrests during the same time period. Officers did a good job of patrolling the area and setting up DUI checkpoints, which prevented any DUI fatalities from occurring in Orange County. In all of California this weekend, about 10 people were killed in DUI accidents, whereas last year there were 23 deaths.

In summary then, DUI's are going up but fatalities are going down. Although it is unfortunate that so many people still drive drunk, luckily they are not killing as many people as before. I think this has to do with people being more educated and aware of the dangers of drinking and driving as well as police officer's heightened efforts to prevent DUI fatalities. Whether you live in Newport Beach, Tustin or Garden Grove, if you are charged with a DUI, you will need an experienced Orange County DUI defense attorney to assist you.

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September 7, 2009

Actress Joyce DeWitt Charged with Driving Under the Influence

Three's Company actress Joyce DeWitt was pulled over during the July 4th weekend in El Segundo, California. Officers observed DeWitt commit a traffic violation so they pulled her over. Officers noticed she looked intoxicated and after administering field sobriety tests, they concluded that she was driving under the influence. Last week, Dewitt was charged with 2 misdemeanor charges: driving under the influence of drugs or alcohol and driving under the influence of alcohol with a blood alcohol level of above a .08%.

During long weekends or holiday weekends, many people chose to celebrate by drinking alcohol. Officers are aware of this and will be heavily patrolling the area. If you are driving drunk and get pulled over, officers will want to give you field sobriety tests. If you take them and pass them, they will let you go. If you take them and fail them, they will arrest you. If you refuse to take them, they will arrest you and ask you to do those tests or a blood test in the station. If you get pulled over for a DUI in Orange County, Los Angeles County or Riverside County, you will need an experienced DUI defense attorney to assist you.

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September 6, 2009

Actress Lori Petty Pleads No Contest to DUI in California

In May of this year, actress Lori Petty was arrested for a DUI in which she hit a skateboarder with her car. She was arrested on May 30 in Venice CA after she was pulled over for a DUI and was charged with a DUI with injury, a DUI above a .08% and no proof of financial responsibility. The only charge that Petty pled guilty too was the DUI with injury charge and the other two charges were dropped. Petty was sentenced to 60 months of probation, a 60 day alcohol treatment program and about $500 in fines and court fees.

Since this DUI incident injured someone else, Petty may consider herself fortunate in that she did not receive any jail time. Had her case gone to trial, she might have asserted defenses DUI such as insufficient evidence, lack of probable cause or malfunctioning blood alcohol testing machinery. These defenses are technical in nature and depend upon the lawyer's knowledge of the machinery used by law enforcement and its inherent weaknesses. Whether you are in Fullerton, Orange or Laguna Beach, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you.

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September 5, 2009

Orange County DUI Checkpoints During Labor Day Weekend

This weekend, officers will be regulating traffic and checking for drives who are not wearing seat belts, who are speeding and who may be driving under the influence. In Orange County during Labor Day weekend last year, around 67 people were arrested on suspicion of DUI. California DUI rates are down compared to last year though, so hopefully there are not too many people driving under the influence.

Checkpoints will be set up in Dana Point and Newport Beach. There will be a task force operation in La Habra and saturation officers in Orange. Click here for the detailed schedule. Since there are many parties during the Labor Day weekend, it is likely that alcohol will be involved. If you drink, please do not drive! Whether you are in Laguna Beach, Anaheim or Irvine, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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September 4, 2009

Westminster City Councilman Pleads Guilty to DUI

As previously mentioned, Westminster City Councilman Andy Quach had been charged with a DUI in August when he crashed his car into a power pole, knocking out power to 300 Westminster residents. Officers say that his blood alcohol level was a .26% which is three times the legal limit. As soon as the accident occurred, Quach felt bad and embarrassed but took full responsibility for the crash. This week, Quach's attorney plead guilty on Quach's behalf. He was sentenced to three years of informal probation, a nine month alcohol program, 10 days of Caltrans community service and a $390 fine.

Luckily for Quach, he did not receive any jail time or lose his job. A first DUI will rarely come with jail time but in this situation, Quach's blood alcohol level was so high that he could have been put in jail. There are many legal and personal consequences that a person may face when they get a DUI. If you are charged with a DUI in Huntington Beach, Buena Park or Lake Forest, call an experienced DUI defense attorney to assist you.

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September 3, 2009

George Michael Detained for Possible DUI

Earlier this month, singer George Michael slammed into a truck on a British highway and was arrested for driving under the influence of drugs or alcohol. The truck driver said Michael was speeding over 100 mph and weaving in and out of lanes. After the accident occurred, Michael came to talk to the driver but the driver said Michael was completely out of it. Once at the station, police did not find him under the influence of any substance so they released him without any charges. Michael had just received his license back after a 2 year suspension for driving on drugs.

Some people think that celebrities get special treatment when it comes to the law. Often we hear of celebrities getting out of tickets and spending short amounts of time in jail whereas a normal person convicted of the same crime would face a much longer jail/prison sentence. It seems unfair that just because someone is well known, they should get a shorter sentence. A good attorney will try and help you get the lowest sentence, regardless of who you are.

Whether you live in Santa Ana, Mission Viejo or Yorba Linda, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you.

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September 2, 2009

Dodger Ronald Belisario Charged with DUI

In June, Dodger's relief pitcher Ronald Belisario was pulled over by California Highway Patrol in Pasadena for driving while talking on a cell phone. After being pulled over, officers realized he was intoxicated so he was immediately arrested and charged with a DUI. He was released on $5,000 bail. Last week, Belisario entered a plea of not guilty for the DUI charge. A pretrial hearing is scheduled for October.

Belisario spent 10 years in the minor leagues before becoming a Dodger. If he is convicted of the DUI, it may affect his baseball career. He may have to spend time in jail and miss important games. Drinking and driving has such a major effect and such severe consequences that no one should do it. Whether you live in Artesia, Westminster or San Clemente, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you.

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September 1, 2009

Laguna Beach and Irvine DUI Checkpoint Results

On Friday night, Laguna Beach PD set up a DUI checkpoint from 9pm to 2 am on PCH. They hoped to catch any drunk drivers that passed them. In total, about 1,996 cars drove through the checkpoint in the 5 hours the checkpoint was set up. Around 15 motorists were given field sobriety tests and only 6 were actually arrested. Four others were cited for license violations. Representatives from the Department of Alcoholic Beverage Control were there to hand out information about the dangers of drinking and driving.

Also on Friday night, Irvine PD set up a DUI checkpoint on Barranca Parkway and Von Karman St. Four people were given sobriety tests but only two were arrested for driving under the influence. Five citations were also given.

DUI checkpoints are an easier way for officers to check driver sobriety in a busy area. Whether you live in Garden Grove, Huntington Beach or Fullerton, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you.

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August 31, 2009

LSD and Marijuana Found at Costa Mesa DUI Checkpoint

Last week, Costa Mesa Police set up a DUI checkpoint, stopping about 237 cars. One car that was pulled over had a driver that was driving under the influence. When another car was pulled over and officers told the driver, Patrick Dylan Riley, to roll down the window, officers said it smelled like marijuana. After searching the car, officers found a backpack full of 41 grams of marijuana. Also inside was a digital scale and a list of sales records. Additionally, inside the bag were 5 tabs of LSD or acid. Riley was immediately arrested. It was not clear if he was under the influence of any drugs at the time. Another DUI checkpoint will be set up in Costa Mesa again this week.

A person can be charged with a DUI if they are under the influence of drugs or alcohol. These substances impair thinking, concentration and coordination. Driving is hard enough without mind altering substances. As previously mentioned in my last blog, drugged driving is on the rise. If you get charged with a DUI in Irvine, Huntington Beach or Garden Grove, call an experienced attorney to assist you.

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August 30, 2009

Former Kentucky Coach Billy Gillispie Charged With DUI

Billy Gillispie was charged with a DUI this week, after refusing sobriety tests. Police followed Gillispie's car as he was going 63 mph in a 45 mph zone. The officer pulled him over and smelled a sweet fruity smell from Gillispie. Gillispie got out of the car and looked unstable. The officer also noticed his slurred speech and red eyes. He was arrested, charged with a DUI and plead not guilty.

Gillispie was the former Kentucky basketball coach that was fired. Once fired, he sued the University for terminating him after just two years since he was in a seven year contract. This is the third time Gillispie has been charged with a DUI. In 2003, he was arrested for a DUI but the charges were dismissed for lack of evidence. In 1999, he was arrested and charged with a DUI but the charge was reduced to reckless driving.

Whether you live in Lake Forest, Anaheim or San Clemente, if you are charged with a DUI, call an experienced DUI defense attorney.

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August 28, 2009

Drunk Driving Down, Drugged Driving Up

A study done by the National Highway Traffic Safety Administration conducted in 2007 revealed that less people in the U.S. are driving under the influence of alcohol. In a study of 11,000 drivers, only about 2.2% of the drivers had a blood alcohol level of above .08%. The disturbing finding, however, was that about 16.3% of those nighttime weekend drivers were under the influence of drugs at the time of the study. Marijuana, cocaine and prescription drugs were the main substances these drivers were under the influence of. The results of this study show that Americans are starting to understand the dangers of drunk driving but people have yet to learn about the dangers of drugged driving.

Alcohol and drug usage before driving can impair driving and lead to deadly results. Driving under the influence of either can be grounds for receiving a DUI. If you are impaired by any substance, do not drive! If you do drive, and you get a DUI, contact an experienced DUI attorney to help defend you.

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August 27, 2009

Scooter Service that Deters Drunk Driving Closes

Scooter Patrol, a nonprofit organization that picks up intoxicated people at bars and drives them home, has closed due to financial hardship. The founder of Scooter Patrol, Anthony Panzica, thinks that the company has kept about 12,000 drunk drivers off the road. He started the company after he saw drunk people getting in their cars to drive home. At its peak, the company had about 15 volunteers that drove around beach cities and picked up people that needed rides home. It operated mainly on donations from sponsors and riders. When business started slowing down because of people carpooling, sponsors left and Scooter Patrol had to close. Panzica tried to get local government support but the government said they could not help because of liability issues.

Scooter Patrol is a great idea and it is extremely unfortunate that services like this cannot survive the deteriorating economy. Keeping 12,000 drunk drivers off the road is a tremendous achievement and probably saved so many lives. Hopefully, other programs like this can be implemented throughout California, thereby reducing the number of DUIs and drunk driving accidents that occur. If you are charged with a DUI, call an experienced Orange County DUI defense attorney to assist you.

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August 25, 2009

Crackdown on Orange County Drunk Drivers

In 2008, more than 11,700 people died in crashes involving a driver that had a .08 blood alcohol level or higher. In California, there were 1,029 deaths which was a 9% reduction from the year before. Orange County is making a special effort to crack down on drunk drivers by planning DUI checkpoints and police saturation until Labor Day. All 38 Orange County law enforcement agencies will participate in the crackdown. In the OC Register, the Anaheim Police Department listed a schedule of where and when the DUI checkpoints will be held.

Whether you live in Irvine, Santa Ana or Fullerton, if you get stopped at a DUI checkpoint and you are intoxicated, you will get arrested and charged with a DUI. An experienced DUI defense attorney will look at your blood alcohol level and determine if you were over the legal limit or not. Depending on you blood alcohol level, the attorney may be able to drop you charges, lower your charges, or lower you sentence.

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August 24, 2009

Man Gets DUI on Motorized Barstool

After consuming about 15 beers, Kyle Wygle was seriously intoxicated. Nevertheless, he got onto his motorized barstool and drove home. He was going about 20 miles per hour near his home, when he tried to make a U-turn and suddenly crashed. Officers responded to the scene of the crime to see an injured man on a barstool. The motorized barstool was made with a lawnmower engine and steering wheel. Wygle was charged with a DUI and pled not guilty.

Although it seems strange to think that a motorized barstool could be considered a vehicle, any object that needs to be driven and that requires concentration and coordination is considered a vehicle. A good attorney may be able to reduce Wygle's DUI charge to a reckless driving charge instead.

Whether you live in Aliso Viejo, Westminster or Yorba Linda, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you.

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August 23, 2009

DUI Arrests On The Rise For Women

In the U.S., the rate of DUI arrests for women has rose 28.8% from 1998 to 2007. The Transportation Department also reports that during the same period, the rate of DUI arrests for men has dropped 7.5%. Even though DUI arrests for women have increased, men still get the majority of the DUI's. In 2007, 626,371 men got a DUI compared to 162,493 women.

One explanation for the rise in women getting caught driving under the influence is that more women are working and need the stress release that alcohol provides. Another explanation is that police are cracking down on driving under the influence and not letting women get off with just a warning anymore.

Nevertheless, whether you live in Irvine, Santa Ana or Westminster, if you get charged with a DUI, you will need an experienced DUI defense attorney to assist you with your legal matters.

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August 22, 2009

Michael Phelps Charged with DUI

Last week, Olympic gold medal winner Michael Phelps was pulled over in Baltimore, Maryland for running a stop sign. After an investigation, officers realized he was driving under the influence. He was charged with a DUI, driving while impaired by alcohol, violation of a license restriction and failure to obey a traffic control device. If he gets convicted of these charges, he could face up to 1 year in jail, have to pay a steep fee and have his license suspended.

Phelps is a role model to so many children. It is disappointing that an amazing athlete like Phelps is letting down his fans. Besides affecting his fans, Phelps may lose endorsements and his wholesome image. Knowing this, Phelps made a public apology and said he regretting drinking and driving. Luckily, no one was hurt.

Whether you live in Irvine, Fullerton or Santa Ana, if you are charged with a DUI, a DUI defense attorney can help you fight your charges and help lower your sentence.

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August 20, 2009

Bounty Hunter Shoots California DUI Suspect

About three weeks, three armed bounty hunters went to find a man who had skipped bail for a misdemeanor DUI arrest. The bounty hunters arrived at the suspect's house in Sun Valley and there was a scuffle. The suspect apparently tried to grab one of the bounty hunter's guns so another bounty hunter pulled out his gun and shot the suspect in the leg.

Anytime a person is contacted by law enforcement, they should comply with the requests and be as cooperative as possible. Resisting arrest or fighting will just make it harder on you once you get to court.

Once you are arrested and charged with a DUI, it is important that you pay all necessary court fees and attend all court appointments. If not, you will face repercussions. Once you get a DUI, an experienced California DUI defense attorney may be able to assist you in lowering court fees or your sentence.

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August 19, 2009

Costa Mesa DUI Checkpoint Results

On Friday night, Costa Mesa police set up a DUI checkpoint at Newport Boulevard and 22nd Street. Police screened about 212 of the 647 cars that drove through and investigated about 25 possible DUI incidents. Police arrested 3 people for driving under the influence and 1 person for suspicion of possessing marijuana for sale. Police also cited nine drivers for not having their license and 10 for vehicle violations. The next checkpoint in the area will be on August 26.

DUI checkpoints are effective because police stop all people in one busy area to see if someone has been drinking. Once you get close to the checkpoint, any turning around is prohibited. Checkpoints have many standards they have to follow. For example, the pattern of stopping cars must be neutral and mathematical (ex- every other car, every fourth car...etc). Additionally, the stop can not be overly burdensome or intrusive. Lastly, there must be a sign in the area warning drivers about the check and the area must be well lit and safely done to minimize fear for drivers.

Whether you get a DUI in Anaheim, Fullerton or Irvine, you will need an experienced DUI defense attorney to assist you in the legal process.

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August 18, 2009

Orange County Reality Star Busted for DUI

After rolling through a stop sign in Coto de Caza on Saturday, police tried to stop Matt Keough. Keough did not stop however, and drove all the way to his house before police stopped him. Once there, police thought he was drunk so they tested his blood alcohol level. His blood alcohol level turned out to be 3 times the legal limit. He was arrested and taken to jail. In 2008, he was arrested for a probation violation of a DUI arrest in 2005.

Matt Keough is a former professional baseball player and reality star in the show "Real Housewives of Orange County." Although the show is more about his ex-wife Jeana Keough, he was seen on the show a few times in the first few seasons. After suffering head injuries from baseball, Keough suffered from memory and mood problems which drove him to alcohol.

With his blood alcohol level being three times over the legal limit, Keough will need an experienced Orange County DUI defense attorney on his side.

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August 17, 2009

What is a Field Sobriety Test?

Before even getting pulled over for a DUI, the police officer is already observing your driving. If you are swerving in and out of lanes, speeding or driving too slow, those are obvious signs of intoxication. The officer will then pull you over and observe you and your behaviors. If you smell like alcohol, have bloodshot eyes or slur your speech, those are signs of intoxication as well. If the officer believes you may be intoxicated, he will ask you to get out of the car and participate in field sobriety tests.

Field Sobriety tests are tests given to alleged drunk drivers by officers to test driver sobriety. The National Highway Traffic Safety Administration has standardized three tests that should be given to all drivers suspected of being drunk. First, there is the horizontal gaze nystagmus (HGN). The officer puts a pen or something in front of your face and asks you to follow the object with just your eyes. Intoxicated people have a hard time doing this. Instead of smooth tracing of the eyes, the eyes will jerk and have a difficulty following the object.

Another field sobriety test is the walk and turn test which tests divided attention. In this test, the officer asks you to walk in a straight line with one foot following close behind the other. After taking about nine steps, you are asked to turn around using just one foot and walk the other way. Intoxicated people do not have balance and cannot follow these instructions.

The last standardized field sobriety test is the one leg stand that also tests divided attention. The suspect is asked to stand and one foot and count. An intoxicated person will not have good balance or will not count properly.

Officers may give other tests to test sobriety, most likely if the suspect cannot take the standardized field sobriety tests. Whether you live in Fullerton, Santa Ana or Mission Viejo, if you are pulled over for a DUI, you need an experienced DUI attorney to assist you.

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August 13, 2009

California DUI Victim Overcame Many Obstacles

Matt Thomas was in the passenger side of a car driven by his drunk friend about 15 years ago. The car fell off a 30 foot bridge and nearly killed Thomas. The crash caused severe brain damage and paralysis on his left side. Thomas had to learn to walk, talk and read all over again. During therapy, a friend of his gave him some hydro bikes. Because of those bikes, he was able to make a speedier recovery and can now walk, drive, go back to school and use his own man power to go on hydro bikes, paddle boats, and kayaks. He has started a charity event in Newport Beach called Paddle Pedal to raise money to support the charity of your choice. Since his accident, he has been speaking in classrooms all around Orange County about the dangers of drinking and driving.

Driving under the influence can have serious impacts on not only the driver, but also passengers. Amazingly, Thomas has turned the tragedy he faced into triumph by organizing charity events and spreading the message of the dangers of drinking and driving throughout the community.

Although the article did not mention the fate of his friend who drove drunk, it is assumed that he is probably still in jail because of the DUI. Whether you live in Huntington Beach, Garden Grove or Anaheim, if you get a DUI, you will need an experienced defense attorney to help you.

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August 12, 2009

California Defense Lawyers Can Now Argue That Breathalyzer Tests May Be Inaccurate

Last month the California Supreme Court unanimously held that breath test results used in driving under the influence cases, can be inaccurate. Breathalyzer results may be inaccurate because they do not take into account a person's body temperature, atmospheric pressure, medical conditions or calibration of the machine, all of which can cause varying results. This is a huge step for defense attorneys who can now argue that breathalyzer results may not be accurate or may not be a true indication of someone's intoxication level. This decision came after many complaints by defense attorneys and people falsely accused of driving under the influence.

Alcohol has different effects on different people and may result in slurred speech and blurred vision for some at a .08 level. For others, these effects are not felt until the blood alcohol level is much higher. Regardless whether you are stopped for a DUI in Irvine, Fullerton or Santa Ana, an experienced DUI attorney may be able to argue that the results of your breathalyzer tests are inaccurate.

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August 11, 2009

Update on Westminster, California Councilman Suspected of DUI

Last week I blogged about Westminster Councilman Andy Quach being suspected of driving under the influence. More details emerged that affirmed that Quach was in fact driving drunk. Officers claimed that when they arrived at the scene of the accident, Quach's car had hit a power pole that knocked out power to over 300 homes and he looked intoxicated. He had blood shot eyes, slow and slurred speech and smelled like alcohol. His blood alcohol content was at a .26%, three times over the legal limit. His friend, Assemblyman Van Tran came to the scene of the crime after being called by Quach. Tran says Quach looked shook up, but was not injured. Quach says he will not step down from his position and instead will educate Orange County citizens about drinking and driving.

It is disappointing when a person that is considered a model citizen and a role model does something like this, however, we are all human. This was clearly a case of bad judgment and likely taught him an important lesson. Besides just being charged with a DUI, he will receive an enhancement since his blood alcohol level was about a .20%.

Whether you live in Newport Beach, Yorba Linda or Aliso Viejo, if you are charged with a DUI, you will need an experienced Orange County DUI defense attorney.

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August 10, 2009

Drunk Huntington Beach Driver Crashes into Police Car

In Huntington Beach on Friday, two police officers pulled over a Volvo for a traffic violation. A Chrysler driven by Christopher Seymour pulled up behind the officer's car and crashed into it. The police car that was hit then crashed into the other police car. To avoid being hit, the driver of the Volvo jumped out of the way and hit the officer, causing injuries. Seymour sustained moderate injuries so he was treated and then taken to jail on suspicion of drunk driving.

A good DUI attorney would check the defendant's blood alcohol level to see if the driver was actually intoxicated. It may have been that Seymour just accidentally hit the officer's car. The drunk driver will likely have to pay for the damage of both police cars and his own car and will face thousands of dollars in court and attorney fees.

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August 9, 2009

Drunk Driver Speeds at 100mph Going Wrong Way

On Monday morning at 2am in Fountain Valley, a green minivan sped past police officers, nearly hitting a patrol car. Once police stated chasing the van, the driver headed south on northbound lanes. The driver was speeding at 100mph and passing red lights. At one point, officers lost the van and decided to call off the chase. Three minutes later, officers saw that the minivan had hit another car. The drunk driver, David Ortigoza, was taken to the hospital and then to jail.

At such high speeds, it is amazing that no one else was injured.

It is likely that Ortigoza will be charged with a DUI and evading arrest. He will have to pay thousands of dollars in fines for the DUI and the damages he caused to the other car. He will also have to spend time in jail for the DUI and evading arrest. He will need an experienced Orange County criminal defense attorney to help him lower his fines and fight his charges. Whether you live in Fullerton, Westminster or San Clemente, drinking and driving will come with serious consequences.

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August 8, 2009

Can someone get a BUI (Biking Under the Influence)?

As silly as it sounds to get pulled over for riding your bicycle while drunk, it can really happen. According to California Vehicle Code section 21200.5, it is unlawful for any person to ride a bike while under the influence of drugs or alcohol. If the officer requests a chemical test to test the driver's blood alcohol level, they may have to take a blood, breath, or urine test. If they are found to be intoxicated, they can be fined up to $250. If the person is under 21 but over 13, their license privileges can be suspended or delayed for one year.

I have met a few people who thought it was a great idea to ride their bicycle to the bar, get drunk and then bicycle back home. It is not a great idea because alcohol affects your vision and your coordination, two things needed to ride a bike. Additionally, you can be pulled over and fined $250.

Although you wont technically be charged with a DUI for bicycling drunk, it is a Vehicle Code violation and can stay on your criminal record. Whether you live in Newport Beach, Fountain Valley or Mission Viejo, do not drive a car, ride a bicycle or operate a boat if you are drunk! If you do, get an experienced DUI defense attorney to help fight your case.

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August 3, 2009

Westminster City Councilman Arrested for DUI

On Saturday night, after dinner with his friends, Westminster City Councilman Andy Tuan Ngoc Quach accidentally slammed his car into a power pole and knocked out power for about 300 homes in the area. Police arrested him because they believed he was driving under the influence. Quach claims that he just fell asleep for a few seconds and the next thing he knew, his black S550 Mercedez Benz had crashed into a power pole on McFadden Avenue. Quach said he was remorseful for what he did and wants to take full responsibility. He hopes that this event does not affect his position at the city.

As people know, DUI's have major consequences. Besides possibly killing or injuring yourself or others, a DUI is reported on your criminal record which employers are constantly checking. Employees may often lose their jobs for getting a DUI. Losing a job in these tough economic times can mean being unemployed for a very long time. After a while, bills cannot be paid on time and your house and cars can be subject to foreclosure. It is hard to see that far ahead when you are drinking though. The most sound advice is whether you are living in Irvine, Fullerton or San Clemente, do not drink and drive! If you get a DUI, please call a trusted Orange County DUI defense attorney to help you through the legal process. A good attorney may be able to keep that DUI off your criminal record.

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August 2, 2009

Drunk Driver Hits 24 Cars in UC Irvine Parking Lot

Driving up or down a windy and narrow parking structure is hard enough. Being drunk and driving through a parking structure proved impossible for a drunk Downey man last week. Alexander Diaz, a non college student, crashed into 24 cars as he was trying to navigate through the narrow parking structure in the residential area of UC Irvine. He nor anyone else was injured. He was arrested and charged with a DUI, taken to the hospital and then released.

Again, the message is clear, do not drink and drive. Regardless if you are in Fountain Valley, Lake Forest or Anaheim, there are steep legal ramifications for drinking and driving. Diaz will likely have to pay for all the damage he caused to the cars, deal with a DUI on his record, pay steep court fees and even possibly go to jail.

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August 1, 2009

Operating a Boat While Intoxicated

Did you know that you can get a DUI for operating a boat while intoxicated? According to the California Department of Boating and Waterways, the same rules that apply to driving a car also apply to operating a boat. A person who is operating a boat cannot have a blood alcohol level of .08% or higher, or else they will be charged with a DUI. If a person under 21 is operating a boat with a blood alcohol level of .01% or higher, they will get their license suspended.

The California Department of Boating and Waterways also reminds you that drinking while on a boat gives you a false sense of warmth because you actually lose body heat when you drink. Additionally, drinking and operating a boat leads to poor judgment and slow response time which can ultimately lead to more boating accidents.

Since it is summer and many Californians own boats, I guess its a good reminder to the residents living in Laguna Beach, Huntington Beach, Newport Beach not to drink and operate boats.

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July 31, 2009

Trabuco Canyon Residents Detain Fleeing Drunk Driver

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.

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July 30, 2009

Fountain Valley DUI Driver Wets Himself During Field Sobriety Tests

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.

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July 29, 2009

Safe and Sober Summer Campaign in Los Angeles County

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.

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July 27, 2009

Should Orange County Drunk Drivers Pay for Emergency Response?

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.

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July 26, 2009

Mock DUI Accidents Used to Deter Students from DUI

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.

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July 25, 2009

Fullerton Drunk Driver Stopped With Taser Darts

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.

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July 23, 2009

Burn Notice Star Arrested for DUI

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.

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July 22, 2009

Orange County Aquatic DUI Driver Pleads Guilty

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.

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July 19, 2009

Orange County Drivers Beware: 87 DUI Trips Before Arrest

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.

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July 18, 2009

Santa Ana DUI Driver Flees Scene of Accident

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.

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July 15, 2009

Orange County Sheriff Conducted Multiple DUI Checkpoints on Fourth of July

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.

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July 14, 2009

Orange County Sheriff's Deputy Pleads No Contest for DUI Accident

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.

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July 13, 2009

DUI Hit and Run Driver Arrested in Laguna Beach Crash

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.

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June 30, 2009

O.C. sheriff's official charged with Irvine DUI

The L.A. Times is reporting that an Orange County sheriff’s official has been charged with two counts of DUI after causing a car accident in Irvine in April.

Irvine police arrested Lt. Erin Lorraine Guidice, after she crashed into the back of another car stopped at a red light on Jamboree Road in Irvine.

At time, she was driving an unmarked Orange County Sheriff’s Department vehicle and when police arrived at the scene, Guidice had slurred speech, bloodshot and watery eyes and had trouble keeping her balance during a sobriety test. She had a blood alcohol level of 0.14%, or nearly twice the legal limit, according to authorities.

If convicted, she faces a maximum sentence of six months in jail.

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June 22, 2009

Warrant singer arrested for Van Nuys DUI

Former Warrant lead singer Jani Lane was arrested late Wednesday night in Woodland Hills, California on suspicion of DUI. In addition, Lane, also owes $121,024 in federal income taxes, records show.

Lane was involved in a fender bender in Woodland Hills, when he allegedly hit a parked car. When Van Nuys police arrived at the scene, Lane he showed signs of intoxication. He was arrested and booked for misdemeanor DUI and was released the Thursday next morning on $30,000 bail.

Lane left Warrant in 2002 to pursue a solo career. He released a solo album, "Back Down to One", in 2003, but shortly after was admitted to a rehab center for alcohol and drug-related exhaustion. He also appeared on VH1's reality series "Celebrity Fit Club."

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June 12, 2009

Police plan for Placentia DUI checkpoint Saturday night

The Orange County register is reporting that the Placentia police are setting up a checkpoint Saturday night focusing on drunk drivers and drivers without licenses.

The Police Department timed the checkpoint to coincide with graduation parties but did not did not reveal a location. Generally in order for DUI checkpoint stops to be constitutionally valid, police must reveal that there is a checkpoint planned and where it is located. It will be interesting to see if any of the arrests made at the checkpoint are challenged on these grounds.

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May 31, 2009

Actress Lori Petty Arrested for Venice DUI

KTLA news is reporting that actress Lori Petty was arrested on suspicion of felony drunk driving and booked into the Van Nuys jail early Sunday morning.

According to police reports, the 45-year-old actress was driving in Venice Saturday night when she allegedly struck a skateboarder. The skateboarder only suffered minor injuries. He was treated at the scene and released.

Best known for her roles in "A League of Their Own" and "Point Break," Petty was arrested on suspicion of driving under the influence and booked. She spent about five hours in jail before posting $100,000 bail.

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May 28, 2009

Same car, two separate California DUI arrests on the same day

According to web reports, California Law Enforcement was alerted by a Merced resident of a car that had hit a concrete fence and was fleeing the scene--riding on three flat tires.

Police responded to the tip and stopped a flat-tired vehicle. When they questioned the driver, Sean Guevara, he admitted to having switched places with Nikki Munoz, who was driving at the time of the accident. Both were arrested for suspicion of driving under the influence in California.

It is a crime to drive a car in California with a blood-alcohol concentration, or BAC, is higher than a .08. It is also illegal to drive a car while under the influence of alcohol and/or drugs. Prosecutors can charge DUI even if the drivers BAC isn’t high—they just have to show that the defendant was under the influence to the extent that the driver’s normal faculties were impaired.

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May 25, 2009

If I’m pulled over in Orange County should I do the Field Sobriety Tests?

Should I do the Field Sobriety Tests? The short answer: Unless you haven't had a single drink, this is probably a very bad idea.

If you have been drinking and the police pull you over, it is my suggestion to be smart and refuse to incriminate yourself. Exit from your vehicle only if the police orders you to get out of your car. And if the police officer asks you to perform the field sobriety tests, politely refuse. By law, you do not have an obligation to perform field sobriety tests, and the refusal to perform these so-called tests is inadmissible against you in California courts.

In addtion, there isn't a penalty imposed upon you for refusing to attempt these discredited "tests”- sometimes called "Standardized Field Sobriety Tests” or “Roadside Exercises.” The "tests" are very difficult to pass, especially since you are required to perform them under the watchful eye of the officer with the power to arrest you. In many cases, the officer has already made up his mind to arrest you. He wants you to attempt these "tests" so that when you are charged with DUI, he can present more evidence to the jury of your alleged impairment. Almost always, no matter how well you may believe that you performed on these "tests," the officer will likely testify that you failed the "tests" miserably. So my position is why help the officer build his case against you?

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May 22, 2009

NEWPORT BEACH DUI UPDATE: Newport Beach DUI checkpoint scheduled for tonight

According to a press release from the Newport Beach Police Department, the Traffic Division of the Newport Beach Police Department will be conducting a sobriety checkpoint on Friday, May 22, 2009 the northbound side of Dover Drive at 16th Street. The checkpoint is scheduled from 9:00 p.m. until 3:00 a.m.

According to the release, the DUI checkpoint will be clearly marked and vehicles will be selected to move through the check lanes a pre-set pattern to ensure that cars are being picked objectivity and that cars can moove through the checkpoint in a timely manner. Motorists will be greeted and given an information brochure on “Driving under the influence”, prepared by the Newport Beach Police Department Traffic Division.

Regardless of whether you will be near this checkpoint, be safe out there this weekend and be sure to use a designated driver.

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May 22, 2009

NEWPORT BEACH DUI UPDATE: Newport Beach DUI checkpoint scheduled for tonight

According to a press release from the Newport Beach Police Department, the Traffic Division of the Newport Beach Police Department will be conducting a sobriety checkpoint on Friday, May 22, 2009 the northbound side of Dover Drive at 16th Street. The checkpoint is scheduled from 9:00 p.m. until 3:00 a.m.

According to the release, the DUI checkpoint will be clearly marked and vehicles will be selected to move through the check lanes a pre-set pattern to ensure that cars are being picked objectivity and that cars can move through the checkpoint in a timely manner. Motorists will be greeted and given an information brochure on “Driving under the influence”, prepared by the Newport Beach Police Department Traffic Division.

Regardless of whether you will be near this checkpoint, be safe out there this weekend and be sure to use a designated driver.

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May 11, 2009

Costa Mesa DUI crash leaves two injured

The Orange County Register is reporting on a DUI crash that has left an 18-year-old Upland man recovering from a deep scalp cut and facing driving under the influence charges after crashing a Porsche near a freeway on-ramp late Wednesday night.

Witnesses reported Dominick Anthony McCoy’s vehicle traveling at a high rate of speed south on Bear Street and Paularino Avenue. According to investigators, the car struck an electrical box, went through a freeway sign and came to rest about 20 feet later on the on-ramp from Bear to the northbound 73.

A 38-year-old female passenger in the McCoy car was injured and when police found McCoy, his bleeding head sticking was out of the top of the convertible. Both were taken to the hospital for treatment. McCoy was arrested by Costa Mesa police on suspicion of DUI and then released to medical staff where it likely that they took a blood sample.

Generally, blood tests are far more reliable than other chemical tests. The lab doing the testing takes the vial, adds some chemicals and analyzes the results. In order to maintain quality control, part of the original sample is then sent to an independent lab and is re-analyzed. If there is a different result, there may be an available defense to the result.

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April 30, 2009

DUI makes list of top reasons for O.C. crashes

The Orange County Register is reporting that speeding and failure to yield are among the deadliest traffic habits in Orange County. This is according to data released by the California Office of Traffic Safety.

The top five reasons people are injured or die in crashes in 2008 include:
(1) Unsafe speeds – 3,171 collisions reported and 35 deaths.
(2) Failure to yield right-of-way – 1,609 collisions reported which resulted in seven
deaths.
(3) Improper turning – 1,023 collisions reported, 26 deaths.
(4) Failure to follow traffic signals and signs- 975 reported, 10 deaths.
(5) Driving under the influence– 910 crashes reported that resulted in 36
deaths.

Last year's data marks a significant drop from the number of collisions in 2000. That year, 15,590 total collisions were reported in O.C.In 2000, 1,109 Orange County were caused by driving under the influence.

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April 22, 2009

Orange County DUI offenders may be required to install ignition locks

The Orange County Register is reporting that the California assembly wants drunk drivers to install ignition locking devices on their vehicles to prevent drunk driving tragedies. A proposed law would require anyone convicted of DUI to have to blow into a device installed in their vehicle in order for the ignition to start. If the driver has a blood alcohol level over the legal limit of .08, the car will not start.

About 50 to 75 percent of convicted drunken drivers whose licenses have been suspended continue to drive, experts say. And, according to some reports, ignition-locking devices reduce repeat offenses by 64 percent. However, opponents of the law--including the Criminal Justice Association and the California DUI Lawyers Association--think that the ignition device would be ineffective in deterring DUIs and that the law has the potential of the punishing the wrong type of DUI offender. For example, opponents say that the social drinker who goes out to dinner and splits a bottle of wine, not feeling the effects of the alcohol when they get into their car would be targeted by the device the same way a chronic drinker would be targeted.

The Drink Wheel calculates what a person’s potential BAC level is depending on how much was consumed, the time period of consumption and taking into account the person’s gender and weight. The Drink Wheel can be found here.

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April 19, 2009

According to a report, DUIs and alcohol a growing problem in the L.A. County Sheriff's Department

According to a L.A. Times article, liquor-related arrests of sheriff department employees have nearly tripled since 2004-- suggesting that there is a growing drinking problem in the department.

Last year, 70 sworn and civilian employees of the Sheriff's Department were arrested. The majority of those arrests involved employees driving DUI while off duty, according to an annual report produced by the county Office of Independent Review. One concerning element of that study is that in many cases, the alleged drunk deputies were carrying firearms at the time of their arrests.

In one case last year, an off-duty deputy at a New Year's party inadvertently shot his cousin in the stomach while showing off a new holster. The report also included documentation of two cases in which deputies drew their guns after coming out of bars.

These incidents have caused the Sherriff and the police unions to square off- the Sherriff wants to implement a policy to ban deputies from carrying firearms while under the influence of alcohol. The unions have opposed the policy, saying that it would endanger deputies. The matter is now with the county's employee relations commission.

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April 14, 2009

Research shows California DUIs on the rise for young women

AAA just released a new study that showed that while men are still the most frequent DUI offenders, a growing number of young women are driving drunk in California.

According to the Sacramento Bee, the AAA statistics show that DUIs of women age 21 to 24 more than doubled in the last decade. Some think that the increase may have something to do with the increased number of DUI arrests for Hollywood’s young female celebrities and the fact that more women are behind the while than ever before.

Last month, Lindsey Lohan had an arrest warrant issued relating to her 2007 DUI arrest - her first of two DUI offenses that year. The arrest warrant was later dropped after a judge said a paperwork mistake showed Lohan had met the conditions of her probation. As a I stated in a post last month (Lohan DUI probation violation drama ends....for now), it doesn’t matter how famous someone is – if they are arrested for DUI they need a good lawyer to navigate the administrative process as well as the DUI criminal case.

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April 10, 2009

Los Angeles Angel’s pitcher Nick Adenhart killed in crash- DUI suspected

Angels' rookie pitcher Nick Adenhart was among three people killed early Thursday morning when police say a minivan ran a red light at a Fullerton intersection, causing a three-vehicle crash.

The Orange County Register reports that the accident occurred at East Orangethorpe Avenue and South Lemon Street just after midnight. Two of the vehicles – one traveling on Lemon, the other on Orangethorpe – crashed at the intersection. Witnesses reported that the red minivan ran a red light, crashing into the vehicle Adenhart was in causing the car to slam into a light pole.

Anaheim Police arrested the driver of the minivan who fled the scene on suspicions of driving drunk and vehicular manslaughter. The driver had a suspended license for a previous DUI conviction. Adenhart was taken to UCI Medical Center in Orange and died in surgery.

Hours before the crash, the 22 year old pitcher pitched six shutout innings with five strikeouts in a 6-4 loss to the Oakland A's. Thursday’s game against the Oakland A’s was cancelled. A memorial is planned for today’s game.

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April 6, 2009

LOS ANGELES DUI NEWS UPDATE: Clippers' Randolph arrested for DUI this morning

According to The National Post, Los Angeles Clippers forward Zach Randolph was arrested early Monday morning on suspicion of DUI. According to the article, two Los Angeles police officers saw Randolph’s white Rolls-Royce weaving on Interstate 405 around 2:30 a.m. After taking a field sobriety test, Randolph was arrested and booked at the Men’s Central Jail in downtown Los Angeles. He was later released on $5,000 bail. Earlier that night, Randolph scored 18 points in the Clippers’ 88-85 loss to the Los Angeles Lakers.

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April 3, 2009

ORANGE COUNTY DUI UPDATE: DUI checkpoint this weekend in Costa Mesa

The Orange County Register is reporting that law enforcement is setting up a DUI roadblock this Saturday in Costa Mesa, in the area of Harbor Boulevard and Peterson Place.

The checkpoint on northbound Harbor will go into effect at 7 p.m. and last until 2 a.m. Sunday. According to the police, the purpose of the detail also is to educate the public about the dangers of DUI and driving without a valid driver license, police said.

Funding for the checkpoint was provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration NHTSA)

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March 26, 2009

How is the DMV hearing different from the Orange County DUI criminal case?

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.

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March 25, 2009

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

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" »

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March 19, 2009

Los Angeles DUI Attorney News Update: Former Laker arrested for Orange County DUI

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.

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March 16, 2009

Lohan DUI probation violation drama ends....for now

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.

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March 15, 2009

OC DUI Attorney DUI News alert: New GPS can help you avoid OC DUI Arrests and keep you from getting lost

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.

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March 11, 2009

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

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.

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March 8, 2009

ORANGE COUNTY DUI LAWYER UPDATE: Law enforcement honored for Lake Forest DUI arrests

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.

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March 4, 2009

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

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.

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February 26, 2009

LOS ANGELES DUI LAWYER UPDATE: Charles Barkley to serve 10 days

LOS ANGELES DUI LAWYER UPDATE: Claiming that “he can do anything [he] puts his mind to,” former NBA star Charles Barkley plead guilty to misdemeanor DUI on Tuesday. He was sentenced to ten days in jail.

According to the Associated Press, the Hall of Famer must pay more than $2,000 in fines and attend an alcohol treatment program. He will also be forced to install an ignition interlock device on his vehicles. Barkley was stopped by police on New Year’s Eve after leaving a Scottsdale, Arizona nightclub. He had a blood-alcohol level of .149 percent, nearly twice the legal limit of .08 percent in Arizona when he was pulled over.

A person's actual BAC is dependent on many factors, including their physical condition (body composition, health etc...) and what they have recently ingested (including food, water, medications and other drugs). Usually, each drink you consume will increase your blood alcohol content by approximately .025. It takes about one hour for your body to metabolize approximately .025 worth of alcohol. So, if you consume only one average drink per hour for four hours, your blood alcohol should get no higher than approximately .025. The legal limit in California is .08.

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February 3, 2009

Actor Gary Collins arrested for California DUI

The Associated Press is reporting that actor Gary Collins was arrested for DUI by California Highway patrol this weekend. According to the report, Santa Barbara deputies pulled Collins over Saturday evening after noticing him allegedly driving a motor home erratically. The 70-year-old was arrested by the California Highway Patrol after failing a field sobriety test.

According to reports, this is allegedly Collins’ third DUI arrest. This weekend’s arrest comes roughly 13 months after Collins pleaded no contest to driving under the influence and served a four-day jail sentence in a suburb of Los Angeles. He is known for his roles in the film Airport, and for starring in the 1972 television series The Sixth Sense.

Under California law, multiple DUI convictions can subject a person to jail or even prison time, depending on how the case is charged. A DUI conviction can have serious repercussions on a person’s liberty, driver’s license priviledges and can cost thousands of dollars in fines and court costs. If you have been arrested for an Orange County DUI, you need to be represented for someone who will fight for your rights. Orange County DUI attorney William Weinberg has represented hundreds of clients charged with Los Angeles DUIs. Please contact him at (714) 834-1400 for a consultation.

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January 18, 2009

Two Orange County Drunk Drivers kill two drivers in unrelated car accidents

Three Los Angeles area residents have died this weekend in two unrelated drunk driving accidents.

The Los Angeles Times reports that a Colton man was intoxicated and caused a multi-car collision on Saturday evening, leaving himself and a 44 year old woman dead. At around that same time, an 18-year old Ternecula man was killed when his car was struck head-on by a truck driven on Bundy Canyon Road. The driver in this crash was arrested for DUI.

Under California law, it is a crime to drive a car in California if your blood-alcohol concentration, or BAC, is a .08 or higher. It is also illegal to drive a car while under the influence of alcohol and/or drugs.

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November 17, 2008

Heather Locklear charged with DUI in Santa Barbara

Actress Heather Locklear was arrested in Santa Barbara County about two months ago on suspicion of driving under the influence. Today, the Los Angeles Times reported that she has been charged with DUI in relation to that arrest.

The arrest occurred after a California Highway Patrol officer saw Locklear in a parked car blocking a freeway traffic lane in Montecito and later determined she was under the influence. Locklear was charged with a single misdemeanor count of DUI. According to prosecutors, Locklear was under the influence of prescription medications—which, contrary to popular belief, can be the basis of a DUI charge.

Locklear is scheduled to be arraigned in late January.

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September 30, 2008

If I'm pulled over for DUI in Orange County, should I submit to the roadside breath test?

If I'm pulled over for DUI in Orange County should I submit to the roadside breathalyzer test? The short answer is no, there is virtually never a good reason to submit to a voluntary breathalyzer at the side of the road. Think if it this way, each drink you consume will increase your blood alcohol content by approximately .025 and it takes about one hour for your body to metabolize approximately .025 worth of alcohol. So, if you consume only one average drink per hour for four hours, your blood alcohol should get no higher than approximately .025- which is well below the California legal limit of .08. The Drink Wheel found here explains this concept in more detail.

Of course, if you have consumed no more than four drinks over the course of four hours, you might pass the breathalyzer, but you might not. So why take it?

Giving a voluntary roadside breath sample (which is different than the in-station sample they may ask for later) only lets the police lock you into a pattern or profile and gives them more ways to build reasonable suspicion to arrest you for DUI. There is no penalty for not voluntarily giving a sample. After you are arrested, police are going to ask you to give a breath or blood sample at the police station anyway- but police can only ask for these in-station tests if they have reasonable suspicion that you were DUI.

One way defense attorney's challenge the in-station breath results to claim that there wasn't reasonable suspicion that the driver was DUI and that the breath results should be suppressed because the police didn't have grounds to ask for the test in the first place. If you voluntarily submitted to the roadside tests and your BAC was over a .08, it would be pretty hard to make this argument since the voluntary test tells everyone that you were over the legal limit.

Remember though, the voluntary roadside breathalyzer is different than the in-station test. If you refuse to submit to the in-station breathalyzer, the Department of Motor Vehicles penalizes you by automatically suspending your license for one year. And if you fail the breathalyzer, the Department suspends your license for 180 days. But, if you "pass" the breathalyzer with a .07 or lower, the Department will not suspend your license.

In short, never submit to a breath test at the side of the road.

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September 5, 2008

California Bank Robber Charged with DUI

Last week, law enforcement caught a suspect in a Sacramento, California bank robbery after stopping the suspect’s car for a minor traffic violation. The suspect, Erick Dinse, refused to stop for a South Dakota trooper who tried to pull him over for speeding. Eventually, because Dinse fled, the Highway Patrol had to resort to using road spikes to stop the suspect’s car.

After finally stopping Dinse, the Trooper discovered that Dinse was driving under the influence of alcohol. According to the Highway Patrol, Dinse had also stolen the license plates on his car and had an outstanding warrant for the California bank robbery. Authorities charged Dinse with DUI, eluding police, possession of stolen property, driving without a license, and being a fugitive from justice, and are awaiting to extradite him to California.

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