Orange County DUI Lawyer Blog

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

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

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

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

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

A 58 year old Irvine woman has been charged with Vehicular Manslaughter with Gross Negligence in Orange County Superior Court, after an accident she was involved in resulted in the death of a 77 year old woman. According to police reports, the woman was driving with "gross negligence" running a red light, before crashing into the car being driver by the 77 year old woman.
Vehicular Manslaughter defined is basically the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Whether a person is charged with misdemeanor vehicular manslaughter or felony vehicular manslaughter depends upon the circumstances of the case.

In California, there are four types of vehicular manslaughter. They are listed here, along with the penalties typically imposed:

PC 191.5: Vehicular manslaughter while intoxicated, with gross negligence. The penalty can be up to 1 year in county jail, or 4,6 or 10 years state prison. However, one or more priors of this, or certain other vehicular felonies can result in 15 years to life in state prison.
PC 192(c)(1): Vehicular manslaughter with gross negligence, without intoxication. The penalty is up to 1 year in county jail, or 2,4, or 6 years in state prison.

PC 192(c)(2): Vehicular manslaughter without gross negligence, without intoxication. The penalty is up to 1 year in county jail.

PC 192(c)(3): Vehicular manslaughter while intoxicated, without gross negligence. The penalty is up to 1 year in county jail, or 16 months, 2, or 4 years in state prison.

PC 192(c): Vehicular manslaughter is referred to as a “wobbler” meaning that it can be filed either as a misdemeanor or felony, depending upon the circumstances. Vehicular manslaughter acts, not involving drugs or alcohol, that may be punishable are: 1) Driving in an unlawful way; 2) Driving in a lawful but dangerous way, and 3) Knowingly causing an accident for financial gain. Here are some examples of these three acts: If a person kills another person while they speeding; texting or talking on a cell phone; hitting and killing a pedestrian in a crosswalk; and staging an accident that results in an unintentional death.

Because this is such a serious issue, it is important to contact an experienced criminal defense attorney to protect your rights. With proper, experienced legal representation, it may be possible to get the charges reduced, avoiding jail or prison, or dismissed all together.

Continue reading "Irvine Woman Charged With Vehicular Manslaughter" »

A 28-year-old man has been charged with felony vehicular manslaughter with gross negligence while intoxicated, and two felony counts of DUI, after losing control and crashing his truck head-on into a concrete bridge abutment in Santa Ana. His friend, who was a passenger in his vehicle, died in the accident. He is also facing sentence enhancements because he has a prior conviction for driving under the influence.

Vehicular Manslaughter, while intoxicated, is a felony punishable up to 10 years in State Prison. However, in certain circumstance, the punishment can be more severe. In California, we have what is known as DUI Sentence Enhancements. This means that a sentence can be increased, depending upon the enhancement(s). Sentence enhancements in DUI cases include, prior convictions, a blood alcohol level of .15 or higher, test refusal and speeding and/or reckless driving.

The crime of Felony DUI falls into three categories: vehicular homicide, manslaughter or second-degree murder. Vehicular homicide is charged when, as a result of ordinary negligence, a death occurs. Manslaughter with gross negligence is charged when the death is the result of criminal negligence. Criminal negligence, as it relates to drunk driving basically means that the individual had the knowledge that their actions were likely to result in death. Second-degree murder can be charged when there is a death and the person who was drinking and driving acted with "implied malice" or a conscious disregard for life. Second-degree murder is not usually charged in a DUI / DWI case because it is difficult to establish implied malice.

However, if the person has prior DUI convictions, the prosecution can use this to establish that the defendant knew the dangers of drunk driving. In Orange County, when a person pleads guilty to DUI, they must admit in court or in writing, that they understand the dangers of drunk driving, this is known as a "Watson Warning". The prosecution can use this as evidence if they decide to prosecute for second-degree murder.

Vehicular manslaughter while intoxicated, with gross negligence can result in the following penalties: UP to 1 year in county jail, or 4,6, or 10 years in state prison. However, with one or more priors, it can be 15 years to life in state prison.

Vehicular manslaughter while intoxicated, without gross negligence caries the penalties of up to 1 year in county jail, or 16 months, 2 or 4 years in state prison.

Fortunately, there are defenses to Felony DUI, or Vehicular Manslaughter While Intoxicated. In this situation, a good Orange County DUI Attorney should look at the possible defenses to vehicular manslaughter. Challenging the validity of the breath or blood test results, as well as challenging police procedures and/or misconduct must always be looked at. Some other defenses to Vehicular Manslaughter while Intoxicated include: Rather than gross negligence, that the defendant acted with regular negligence; that the negligence what not what caused the death. That the acts of another person or forces beyond your control such as road conditions or weather were the cause of the accident and/or death. Accident Reconstruction Experts are often used when this type of defense is being offered.

A conviction for Felony DUI can carry long lasting effects on a person’s life and for that reason, it is important for anyone facing this type of conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced. A key factor in choosing a DUI attorney in Orange County, is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in Orange County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

Anyone who has been arrested for Felony DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

Continue reading "Vehicular Maslaughter Charges Filed After DUI Accident in Santa Ana" »

A 29 year old Santa Ana man was convicted of vehicular manslaughter after an accident he caused resulted in the death of another Orange County man. The 29 year old man, who has a prior DUI conviction, was intoxicated when his vehicle ran out of gas on the freeway, causing a three-car collision. His blood alcohol level was 0.20, approximately two hours after the accident, which is about two and a half times the legal limit.

Vehicular Manslaughter, while intoxicated, is a felony punishable up to 10 years in State Prison. However, this Orange County man received the more severe sentence of 13 years in State Prison due to some specific circumstances. In California, we have what is known as DUI Sentence Enhancements. This means that his sentence will be increased, depending upon the enchancement(s). Sentence enhancements in DUI cases include, prior convictions, a blood alcohol level of .15 or higher, test refusal and speeding and/or reckless dirving. In this case, the defendant had a prior conviction of DUI, a blood alcohol of .20 and what may have been considered reckless driving for allowing his vehicle to run out of gas in the middle of the freeway. Therefore, enhancements were imposed.

Fortunately, there are defenses to Felony DUI, or Vehicular Manslaughter While Intoxicated. In this situation, a good Orange County DUI Attorney should have looked at the possible defenses to vehicular manslaughter. Challenging the validity of the breath or blood test results, as well as challenging police procedures and/or misconduct must always be looked at. Some other defenses to Vehicular Manslaughter while Intoxicated include: Rather than gross negligence, that the defendant acted with regular negligence; That the negligence what not wat caused the death. That the acts of another person or forces beyond your control such as road conditions or weather were the cause of the accident and/or death. Accident Reconstruction Experts are often used when this type of defense is being offered.

Continue reading "Santa Ana Man Sentenced to 13 Years for Vehicular Manslaughter" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Shana Calderon's life will never be the same again. The person who she ran into and killed on December 12 lost his life. Was it an accident? It seems so. But could it have been avoided? It seems it could have.

Calderon had alcohol in her system and drug paraphernalia in her car. She hit Michael McLaughlin as he stepped off the curb at 19th and Newport Blvd in Costa Mesa, then pulled over and spoke to witnesses, then drove away.

The Orange County District Attorney's office decided to charge her with Hit and Run with DUI, along with other charges. Her lack of criminal background will be helpful to the judge who decides what kind of consequence she deserves, and can take into account that she turned herself in within two hours of the collision. Fortunately, the prosecutor's office didn't charge her with manslaughter or homicide, as they have in the past, likely due to the specific facts of her case and her absence of criminal history, as compared to the Nick Adenhart case in Anaheim last year. There, the driver had a DUI history and had been warned of the consequences of DUI, including death.

murder is one of the most serious crimes you can be charged with. To prove that someone committed murder, a prosecutor must prove that the murder was willful and premeditated. This means that the suspect must have had a plan and the intent to kill the person, or that they behaved so recklessly that malice was implied. This case doesn't show Calderon's intent to kill nor any recklessness to the degree required for a homicide prosecution. Whether you live in Westminster, Villa Park or San Clemente, if you have been charged with murder, call an experienced criminal defense attorney right away to assist you.

Continue reading "Newport Beach Woman charged in Hit and Run Collision" »

Cydil Deann Kohlmeyer was walking in San Diego on Monday when she was hit by a Dodge Pickup driven by Deborah Felix. Felix was suspected of being under the influence at the time. After the accident, Felix tried to run away, but witnesses caught her and detained her until officers arrived. Kohlmeyer was rushed to the hospital, where she later died. Felix was also taken to the hospital and then arrested on suspicion of driving under the influence. She will likely be charged with vehicular manslaughter while under the influence of alcohol and faces serious prison time.

Trying to run away from the scene of the crime is a crime that comes with more prison time. If you have been drinking and need to get home, ask a sober friend to drive you home or call a taxi cab. For this one mistake, Felix faces: prison time, a revoked license, alcohol education classes, monetary fines and probation. IF she hires a good attorney, a possible defense may be dangerous road conditions that lead to the accident. Whether you live in Fullerton, Irvine or Mission Viejo, if you are charged with DUI manslaughter, call an experienced DUI defense attorney to assist you.

Continue reading "San Diego Woman Killed in DUI Crash" »

In 2006, Janene Johns fatally struck Candace Tift, a local teacher, with her car in Newport Beach while under the influence of Xanax, Ambien and cough suppressants. She was arrested and charged with vehicular manslaughter with gross negligence. Prosecutors argued that she fell asleep at the wheel and hit Tift from behind with the car. She had been on medication due to an illness and to help deal with grief after her husband's death. She was convicted last year and was sentenced to six years in prison. She appealed the decision in August, but the conviction was upheld this week.

Often times, people do not know that their prescription drugs can make them drowsy. If you drive while under the influence of any drug that impairs your driving, you can be charged with a DUI. Unfortunately, Johns may not have known about the effects of the drugs that made her fall asleep at the wheel and now faces prison time because of her actions. If you are on medications, make sure to read all of the directions and side effects before driving a car. Whether you live in Orange, Santa Ana or Huntington Beach, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away to assist you.

Continue reading "Court Upholds Conviction of Newport Woman Who Killed Teacher" »

Elijah Leigh Ferguson had just returned from Iraq in February of 2008 and had attended a Liberty Briefing at Camp Pendleton where they discussed the effects of drinking and driving. Some of the Marines then played drinking games and Ferguson became intoxicated. Other Marines tried to take his keys away from him but he ordered them to give the keys back and then drove to Newport Beach. As he was waiting at a stop light, he accelerated before the light turned green, crashing into the Aston Martin vehicle in front of him. In the car were Dr. Michael Aung Sein and his wife. Dr. Sein was killed instantly and his wife was in critical condition. Police tested Ferguson's blood alcohol content (BAC) about three hours after the crash and his BAC level was still at a .12%, well over the legal limit.

The District Attorney charged Ferguson with second degree murder. The defense attorney claims that this charge should be reduced to vehicular manslaughter because Ferguson had post-traumatic stress disorder from Iraq and therefore could not understand the risks of drinking and driving. The prosecutor claims that Ferguson did know about the dangers of drinking and driving and decided to drive anyway. If he is convicted of this crime, he faces around 18 years to life in prison.

After being charged with DUI manslaughter, Ferguson was immediately discharged from the Marines. Besides that punishment, he will have to go to prison, take alcohol education classes, pay court and attorney fees and have his license revoked. Ferguson should have listened to his fellow Marines that told him not to drive. If you have had too much to drink, make sure you call someone to drive you home. Whether you live in Santa Ana, Lake Forest or Anaheim, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away to assist you.

Continue reading "Ex-Marine Gets into DUI Crash in Newport Beach" »

Tommy Vincente Valenzuela was driving drunk in February 14, 2008. He failed to stop at a stop sign in Bakersfield and lost control of his vehicle. His vehicle crashed into another one, killing a passenger named Lila Aranda. He tried to run from the scene but was stopped, arrested and charged with gross vehicular manslaughter while driving drunk with prior drunken driving convictions. He was sentenced to 16 years in prison for this incident.

In 2004, Valenzuela was charged with another hit-and-run accident that killed Jorge Pruneda Benavides. Investigators could not find proof that he was intoxicated at the time of that accident. Besides that accident, he had three DUI convictions from 1999, 2001 and 2003. It is likely that Valenzuela has an alcohol problem and will need alcohol education classes along with his prison sentence. Hopefully, after serving time and taking classes, Valenzuela will never drive drunk again.

Whether you live in Newport Beach, Orange or Brea, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away to assist you.

Continue reading "California Man Sentenced to 16 Years for DUI Manslaughter" »

Youn Bum Lee pleaded guilty this week to the vehicular manslaughter charges that he faced for an accident that occurred in 2005. Lee and other employees of Hyundai went out to a company dinner in October of 2005. All of them drank plenty of alcoholic beverages at dinner and then Lee got into his car and left. He did not turn his headlights on as he drove and he veered into the carpool lane, crashing into the median in Santa Ana. Ryan Dallas Cook was riding his motorcycle and did not see the unlit car, crashing right into the vehicle. Cook died immediately and Lee drove away. He returned home and went to work the next day before deciding to flee the county and live in Korea. Investigators figured out that he committed the crime and extradited him to Orange County. He was charged and pleaded guilty to one felony count of vehicular manslaughter by unlawful act with gross negligence while intoxicated, with a sentencing enhancement of fleeing the scene. He is expected to be sentenced to around 9 years in prison.

Drunk driving lead to the death of Cook, the end of the career of Lee, and prison time for Lee. Lee should have asked one of his friends to drive him home or should have called a cab. Instead, he risked his life and the lives of others around him by driving. Fleeing the scene of a crime is a crime in itself and comes with additional punishments. If you have caused an accident, stay at the scene of the crime. Whether you live in Garden Grove, Villa Park or Ladera Ranch, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away to assist you.

Continue reading "Former Irvine Hyundai Executive Pleads Guilty to DUI Manslaughter" »

Richard L. Rodriguez was arrested on Sunday morning in Santa Barbara on suspicion of gross vehicular manslaughter and driving under the influence. Allegedly, Rodriguez was heavily intoxicated and driving the wrong way on Highway 101. A vehicle was heading straight for him and the cars colliding, trapping all four passengers of the other vehicle. Two passengers of the car died immediately upon impact. The other two passengers were taken to the hospital with severe injuries. Rodriguez was also injured and after being released from the hospital, was arrested. Highway 101 in the Santa Barbara area was closed down for 5 hours due to the accident.

Rodriguez was only 20 years old and was drunk at the time of the accident. People under 21 should not be drinking because they are not mature enough to handle alcohol and its effects. Because of his decision to drink and drive, he will likely spend a large portion of his adulthood in prison regretting his decision to drive drunk. A defense attorney may argue that he should be granted some leniency due to his age. Other possible defenses include medical conditions or road conditions. Whether you live in Aliso Viejo, La Palma or Huntington Beach, if you are charged with DUI manslaughter, call an experienced DUI defense attorney to assist you.

Continue reading "Tustin Man Arrested for Fatal DUI Crash in Santa Barbara" »

In San Diego this weekend, a 17-year-old boy was riding in a car driven by a 20-year-old drunk driver on East Vista Way. As Reyes Miranda was driving, his car veered off the road, smashed through a bus stop and rolled over. Gerardo Chacon, the passenger of the vehicle, was not wearing a seat belt and was ejected from the car due to the impact. He died immediately. Miranda was badly injured and had to be taken to the hospital. After being released, he was arrested on suspicion of gross vehicular manslaughter and drunk driving.

Unfortunately for Miranda, it is possible that he will have to spend a long period of time in prison. Both of these boys were under 21, therefore were not legally allowed to be drinking. In cases where someone is under 21, a blood alcohol level of even a .01% qualifies as being over the legal limit and can result in a DUI. If you are not 21 yet, do not drink or you will face charges and steep punishments. Additionally, do not drive while intoxicated. Besides prison time, Miranda faces required alcohol education classes and a revoked license.

Whether you live in Orange, San Clemente or Brea, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away to assist you in fighting your charges.

Continue reading "California Teenager Dies in DUI Crash" »

Last week, Sherri Lee Chinn was driving on Highway 1, which is just north of Santa Cruz, when her car went from the southbound lane to the northbound lane. A man driving a motorcycle, Jose Absalon Barrientos, was hit head-on and died immediately. Passengers of a car in front of Chinn's car also got hit and were badly injured. Drivers stopped to help the accident victims and could smell the alcohol coming from Chinn. Officers arrived and after testing her, realized her blood alcohol level was at a .24% (three times the legal limit). All the injured people were taken to the hospital where another victim died. Chinn was arrested and faces charges of vehicular manslaughter, driving under the influence and driving with a suspended license.

If Chinn is convicted of all these charges, she can face up to life in prison. Often times, people do not know that they are drunk because they have consumed just one or two alcoholic beverages. If a person's blood alcohol level is at a .24%, as in this case, the person has consumed far more than just a few drinks. If you are unsure about driving, call a cab or a friend to drive you home. Besides prison time, Chinn will likely have to take alcohol education classes and will have her license suspended for even longer. Whether you live in Stanton, Brea or Laguna Niguel, if you are charged with DUI manslaughter, call an experienced DUI defense attorney to assist you.

Continue reading "Drunk California Woman Kills 2 in DUI Crash" »

Around 1 a.m. on Sunday morning, Julian Martinez was driving drunk in Roseville, California. He accidentally fell asleep at the wheel and veered from the east bound to the west bound lane. He hit a van head on. The driver of the van, Manuel Espinoza, was killed immediately. The passengers Enedina Espinoza and her son David Espinoza were critically injured and were taken to the hospital. Martinez was arrested on the scene and is expected to be charged with felony DUI and vehicular manslaughter charges.

During holiday weekends, more people drink and drive, leading to more DUI accidents. Unfortunately for the Espinoza family, Martinez decided to drive even though he was intoxicated. If you are intoxicated and need a ride home home, call a taxi cab, take the bus or ask your friend for a ride home. Do not put anyone's life in danger. Whether you live in Fullerton, Newport Beach or Santa Ana, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away to assist you.

Continue reading "California Man Killed & Family Injured by Drunk Driver" »

Robert Martinez was arrested earlier this week for driving under the influence of alcohol or drugs and for vehicular manslaughter. Around 1 a.m., Martinez was driving on I-10 near a construction zone. Surrounding drivers slowed down to around 15 m.p.h., but Martinez kept up his high speed of 80-90 m.p.h. He hit the left rear corner of the pick up truck in front of him which tore into the car. His car then spun out of control and was hit by another pick up truck and then hit the center divider. The passenger in Martinez's car was killed. Martinez was injured so he was taken to the hospital and then arrested for DUI manslaughter.

It us such a tragedy that Martinez's passenger, his own friend, was killed. Martinez will have to live with this for the rest of his life. This was such a high impact crash that Martinez was lucky to survive the crash. He will likely face prison time, revoked license, probation, fines and alcohol education classes. Whether you live in Irvine, Newport Beach or San Clemente, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away to assist you.

Continue reading "California Man Drives Drunk, Kills Passenger" »

In April of this year, Felipe Navarro Orona was driving on the I-5 freeway in Anaheim at 3 a.m. He was severely intoxicated and started driving in the shoulder lane. Jose Castellanos and Joe Rodriguez were in the shoulder lane fixing a flat tire when Orona came crashing into them. Castellano died at the scene due to blunt force trauma to the head and Rodriguez was badly injured. Officers noted that Orona appeared intoxicated due to his slurred speech and bloodshot and watery eyes. Police tested his blood alcohol level two hours after the incident and his blood alcohol level was at a .15%. This is almost double the legal limit. He was arrested and charged with vehicular manslaughter and gross negligence while intoxicated with a sentencing enhancement for great bodily harm. He pled guilty to these charges and faces a maximum sentence of 13 years in prison.

With a legal limit at almost double the legal limit, two hours after the crash, it is hard to imagine how high his alcohol level was at the time of the accident. Being a DUI defense attorney, I often hear my client say they drove because they didn't know they were that intoxicated. This excuse would likely not work in a case like this since anyone at a .15% or above should know they are too drunk to drive. Other possible defenses include improper blood alcohol results, road conditions and police misconduct. Whether you live in Irvine, Santa Ana or Laguna Woods, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away to assist you.

Continue reading "Garden Grove Man Pleads Guilty in DUI Accident" »

On January 12, 2008 at 10 a.m., Tomeka Charee Harris fell asleep at the wheel while under the influence of a methamphetamine. She lost control of her car as she was exiting an off ramp at a high rate of speed and crashed into a fence and a utility pole. Harris, her boyfriend and her 2-year-old daughter were all rushed to the hospital. Her daughter, Zharia Keheian, and her boyfriend, Alfred Flores, had been killed. She was arrested for vehicular manslaughter by unlawful act and gross negligence while intoxicated. She was charged with these crimes and pled guilty to both of them this week. She is expected to be sentenced to 6 years in prison, in return for her guilty plea.

It is always a serious reality check when someone drives drunk and kills someone. They are normally given some form of punishment that reminds them not to do it again. In Harris' case, everyday she has to live with the thought of killing her daughter and boyfriend. Killing someone can be a serious consequence of driving while under the influence and anyone who drives while intoxicated risks killing themselves or someone else. Whether you live in Santa Ana, Newport Beach or Lake Forest, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away to assist you.

Continue reading "Fullerton Woman Pleads Guilty to DUI Manslaughter of Daughter and Boyfriend" »

At 3 a.m. on Monday morning, Jessica Shekell was driving west on the eastbound FasTrak lane of the 91 freeway in Anaheim. Drivers called 911 to report a car driving against the flow of traffic. About 6 minutes later, the Miguel Family of San Bernardino was driving along the same freeway. Shekell slammed into their car and the driver, Sally Miguel was killed instantly. Patricia Miguel, who was in the front seat and her two nieces were taken to the hospital in critical condition. Patricia died in the hospital. Shekell was taken to the hospital as well and doctors and officers believed that she was under the influence of alcohol at the time of the accident.

Shekell is only 21-years-old and probably did not know the affects of alcohol on her body. Unfortunately for her, she may face prison time for her negligent actions. She should have known better than to drink and drive. Whether you live in Westminster, Laguna Niguel or Brea, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away.

Continue reading "Fullerton Woman Kills Two in Drunk Driving Accident" »

On Wednesday night, 80-year-old Edelgard Owens was riding her bicycle on the sidewalk of East Imperial Highway in Yorba Linda. She started to cross Prospect Avenue when a white pick-up truck slammed into her. She was immediately taken to the hospital, but was pronounced dead. Initially, there was speculation that Owens did not have the right to cross at that time. Later, that was ruled out after officers interviewed the driver of the truck and realized she may have been driving under the influence. After issuing field sobriety tests, officers realized she was intoxicated and arrested her under suspicion of DUI manslaughter.

It is unfortunate that a woman had to die because of another's negligence. Regardless if the traffic light was red for the bicyclist, if there was an accident and officers found out that the driver was drunk, she would still get a DUI. Sentences for DUI manslaughter range from probation to years in prison. Whether you live in Villa Park, Lake Forest or Anaheim, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away.

Continue reading "80-Year-Old Bicylcist Killed by Yorba Linda DUI Driver" »

Last weekend, Ronald Simon of Yucca Valley was driving in Morongo Valley and witnesses claim he was drifting in and out of lanes. Simon lost control of the car and veered into oncoming traffic, crashing into a car driven by Cameron Hendricks. Hendricks and his 5-year-old daughter were seriously injured and were rushed to the hospital, where the 5-year-old was pronounced dead. Hendricks' wife and other child were not injured. Simon was arrested on the scene of the crime for being under the influence of intoxicants.

It is very unfortunate that a 5-year-old girl was killed as a result of this driver's irresponsibility. These accidents happen everyday though, because people continue to drive while intoxicated. If you are not sure if you are intoxicated, be on the safe side and don't drive. Because of Simon's decision to drive, he will have to get his license revoked, pay court fines and fees and likely spend time in prison. Whether you live in Laguna Beach, Brea or Westminster, if you are charged with DUI manslaughter, call an experienced DUI defense attorney to assist you.

Continue reading "Californian Drunk Driver Kills 5-Year-Old Girl" »

This weekend, Richard Ernest Caselli was driving 100 m.p.h. on the 73 toll road in Laguna Canyon. As he was speeding, he struck the back of a car driven by Brook Boynton, causing that car to spin out of control and flip over. Boynton was ejected from the car and killed. When officers arrived, they administered field sobriety tests on Caselli and determined that he was intoxicated at the time of the accident. He was arrested and booked into jail. He is facing the charge of gross vehicular manslaughter while intoxicated. If he is convicted of this charge, he could face up to 10 years in prison.

Often, intoxicated people have the urge to drive fast so they can get to their destination quicker to avoid because caught by police. This always leads to accidents or more attention from officers. If you are drunk, have a designated driver or a taxi cab pick you up. Anytime a person drives while intoxicated, they risk the chance of hurting or killing themselves or others. Whether you live in Newport Beach, Yorba Linda or Laguna Woods, if you are charged with DUI manslaughter, call an experienced DUI defense attorney to assist you.

Continue reading "Ladera Ranch Man Accused of DUI Manslaughter on Toll Road" »

Jeffrey Woods is currently on trial for killing a 14-year-old bicyclist in 2007. Allegedly, Woods had been texting while driving and was also under the influence of Xanax and Vicodin on the day of the crash. Danny Oates was riding his bike to school to pick up his schedule when Woods drove right into him, killing him.

This week, an expert witness testified that being under the influence of those drugs while driving, could triple the chance of a driver being involved in a crash and could have a strong "empowering" effect on a person. Prosecutors claim that text messaging and being under the influence of 2 prescription drugs made it nearly impossible for Woods to stay on the road, thereby causing the crash. Defense attorneys claim that Woods had a seizure while driving and that was the cause of the accident.

Woods has pled not guilty to vehicular manslaughter with gross negligence and driving under the influence and causing bodily harm. If he is convicted, he faces around 10 years in prison. Whether you live in Westminster, Lake Forest or Villa Park, if you are charged with DUI manslaughter, call an experienced DUI defense attorney to assist you.

Continue reading "Huntington Beach Driver Kills Bicyclist While Under Influence of Prescription Drugs" »

In February of this year, Alan Lester Mabrey had consumed about 11 beers before getting into his car to drive home. Pedestrian Emily Cathleen Dowdy was walking across Mission Boulevard in San Diego when she was struck. Mabrey kept on driving, went to Burger King to eat and then drove back to the accident scene. He was arrested and his blood alcohol level was at a .22% (almost three times the legal limit). He faces charges of second-degree murder, gross vehicular manslaughter while intoxicated, hit-and-run, and driving under the influence.

This was not the first time Mabrey was charged with a DUI. He has several DUI convictions from Colorado and Texas and has already been to rehab and detox centers. Clearly, Mabrey has an alcohol problem and will likely be sentenced to prison time and alcohol education classes as his punishment. If you are charged with DUI manslaughter in Orange County, call an experienced DUI defense attorney to assist you.

Continue reading "San Diego Drunk Driver Kills Pedestrian" »

Last weekend, Michael Neal was speeding on the I-80 highway in Citrus Heights. Neal lost control of the car and it clipped another car before skidding off the road and slamming into a tree. Two passengers in the car were killed instantly. A third passenger was taken to the hospital but died from her injuries. Neal was also taken to the hospital for his broken ribs and pelvic injuries. Police think he may have been intoxicated while driving so upon release from the hospital, he is expected to be arrested and taken to jail.

Neal has two past DUI incidents on his record. Both of the charges were never prosecuted though, because he failed to show up in court. Instead, his license was suspended. If he is convicted of three counts of gross vehicular manslaughter while under the influence of alcohol, Neal is looking to face life in prison. Whether you live in Los Angeles County, Riverside County or Orange County, if you are charged with DUI manslaughter, call an experienced DUI defense attorney to assist you.

Continue reading "California Drunk Driver Kills 3 in Auto Accident" »

Joel Torrejon Miranda, a suspected drunk driver with three prior convictions was indicted on gross vehicular manslaughter charges this week. Allegedly, in February, Miranda was driving his Chevrolet pickup truck with a blood alcohol level of .23%. He made an unsafe turn at an intersection which caused a car crash with Nguyen Tran. Miranda's truck then went up a curb and hit pedestrian Francisco Aquino. Aquino was pinned against a wall and had serious injuries. He died two days later in the hospital. After the accident, Miranda fled the scene and was arrested a short time later.

Miranda already had 3 prior DUI convictions and had been sentenced to 96 hours in jail and three years of probation for his last DUI. For this DUI manslaughter change, Miranda may face 20 years to life in prison, if convicted. A pretrial hearing is scheduled for October 23. Whether you live in Tustin, Santa Ana or Laguna Woods, if you are charged with DUI manslaughter, call an experienced criminal defense attorney to assist you.

Continue reading "Santa Ana Man Gets Fourth DUI Conviction" »

Roger Avery, a screenwriter, director and producer, was sentenced to 1 year in jail and 5 years probation for DUI manslaughter. Avery, his wife, and his friend Andreas Zini went to dinner in January of 2008. They left the restaurant and Avery was intoxicated, but still decided to drive them home. Around 12:30am, Avery was going around 100 m.p.h. when he slammed into a pole. Zini was killed instantly and Avery and his wife received injuries. Police arrested Avery who had a blood alcohol level of .11%.

Prosecutors said Avery could have received 12 years for the crime, but he knew Avery was remorseful and this was his first crime, so they reduced the sentence. The court said that even though Avery would have to be in jail for one year, he may be able to work from jail through a work furlough program. While in jail he will also have to take alcohol classes.

Whether you live in Orange, Laguna Niguel or La Palma, if you are charged with DUI manslaughter, you will need an experienced DUI defense attorney right away. A good defense attorney MAY be able to have your charges dropped or reduce your sentence, depending on the facts.

Continue reading "Oscar Winner Gets Jail Time for DUI Manslaughter in California " »

Last week, Javier Hernandez was convicted of gross vehicular manslaughter while driving under the influence. Gloria Rodriguez, her husband Roman Alvarado and their son Marcos, were all walking along Tyler Street together. Hernandez was driving on that street with a blood alcohol level of .22%, when he accidentally drove off the road.

As Hernandez's car came towards the three pedestrians. Alvarado saw the car coming and grabbed the baby and tried to climb up a fence, but Rodriguez did not get out of the way in time. She was struck and killed instantly. Hernandez was initially charged with murder since his mother and sister told him not to drive, but he was convicted of the lesser charge of manslaughter instead. He will be sentenced in November.

Juries have consistently convicted defendants of murder if they learn that the defendant had been previously advised that driving drunk could result in someone's death. This warning frequently comes in the form of an advisement on a guilty plea form the defendant initialed after agreeing to plead guilty in a prior DUI case. Among the many sad lessons here: If a court advises you during a guilty plea that when you drive drunk you could cause an accident that results in death drunk, and you are arrested while DUI, causing the death of another, you may very well be charged with murder.

Since he was convicted of manslaughter, it is unlikely that Hernandez will be sentenced for longer than 10 years since the manslaughter was an accident. He will, however, get a sentencing enhancement because his blood alcohol level was nearly three times the legal limit. Whether you live in La Palma, Laguna Niguel or Santa Ana, if you are charged with DUI manslaughter, call an experienced DUI defense attorney to assist you.

Continue reading "Drunk Riverside Man Kills Female Pedestrian " »

As I mentioned before, Lynette Ann Hunt was found guilty of 2 counts of DUI vehicular manslaughter for a crash that occurred in July of 2008. Hunt had been drinking at a friend's party and still decided to drive her friends home with a blood alcohol level of .15%. The car skidded off the road and her two friends, Vanessa Herrada and Maria Zamarripa, were killed immediately. After being found guilty in August of the manslaughter charges, last week the judge announced that she would be facing 6 years in custody for her actions.

It is unfortunate that Hunt decided to drive that night, while so heavily intoxicated. Even though she had no intentions of killing her friends, a drunk driver assumes the risk of being held liable if something should happen while driving. For her bad decisions, she has to spend 6 years in prison, thinking about her actions. Besides prison, Hunt will likely be on probation after release and have to take alcohol classes. Whether you live in Laguna Niguel, Santa Ana or Orange, if you are charged with DUI manslaughter, you will need an experienced DUI defense attorney to assist you.

Continue reading "Fullerton Woman Sentenced to 6 Years for DUI Vehicular Manslaughter" »

Ashley Johnigan, 24, was convicted on Tuesday of second-degree murder and drunken-driving charges. In 2008, Johnigan had just left a bar in Santa Ynez when she got into a 2-car collision with Laura Cleaves and Lisa Raines. Johnigan and Raines suffered minor injuries. Cleaves died instantly at the scene of the accident. She was a District Attorney in Santa Barbara.

Prosecutors argued that Johnigan's blood alcohol was a .20%, which was the equivalent of drinking 16 drinks. The defense argued that although she admits she drove drunk, she was driving to get away from some men that were harassing at the bar and she was just trying to find a safe place to sober up.

Johnigan was sentenced to 15 years to life for the accident she caused. She can apply for parole once she has served 85% of her sentence. Whether you live in Orange, Santa Ana or Lake Forest, if you are charged with a DUI or DUI manslaughter, call an experienced DUI defense attorney to assist you.

Continue reading "Drunk California Woman Gets Into Accident with District Attorney" »

Daniel Howell was arrested on Wednesday in Joshua Tree for vehicular manslaughter caused by driving under the influence and felony hit and run. While under the influence of inhalants and prescription drugs, Howell drove his Mazda pick-up truck off the road and into a fashion photographer, who was conducting a photo shoot in Joshua Tree. Howell did not stop the car after the accident, however, and kept driving. The photographer, Alberto Jose Serejo, died at the hospital from his injuries. An hour later, Howell got into another traffic accident nearby and was immediately arrested.

Howell should obviously not have driven if he knew he was under the influence of mind altering drugs. Once he veered off the road and hit Serejo, he should have stopped the car and gotten out. Since he kept driving, he will be charged with felony hit and run in addition to vehicular manslaughter which can add more prison time to his sentence. If convicted for both charges, he may face up to 15 years in state prison.

Whether you live in Aliso Viejo, Stanton or La Palma, if you are charged with a DUI or DUI manslaughter, call an experienced DUI defense attorney to assist you.

Continue reading "California DUI Driver Causes 2 Accidents in 1 Hour" »

Lawrence DiLeva Jr. was driving teenagers Molly Huckabey and Nicole Tropea home in his Dodge Ram in 2005. DiLeva had a blood alcohol level of .1% and was speeding down a residential street in Norco, California. He drove through two stop signs, swerved to avoid hitting another car and lost control of the car. Huckabey and Tropea were killed instantly due to impact. DiLeva was thrown out of the car, suffered brain damage and was in a coma. After he came out of the coma, he was arrested for gross vehicular manslaughter and DUI with bodily injury. Last week, he was convicted of those crimes and was sentenced to 9 years and 8 months in prison for his actions. Before this accident, DiLeva had been in prison for statutory rape and receiving a stolen vehicle. In addition, he had been charged with drug possession.

Anytime someone offers to drive others, they become liable if anything that happens to them. DiLeva was driving drunk, negligently and not obeying traffic signs, which in turn caused the death of Huckabey and Tropea. Even though the accident was not intentional, DiLeva is still guilty of manslaughter and it will always be on his record. Whether you live in Irvine, Santa Ana or Fullerton, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you.

Continue reading "California Drunk Driver Kills Two Teenage Girls" »

While under the influence of narcotics, a woman in Los Angeles drove on the wrong side of the road in her pick-up truck and crashed into a van full of people. The collision killed van passengers Maria Luisa Dominguez and 6-year-old Angela Giron immediately. When police arrived on scene, they immediately arrested the suspect on suspicion of driving while under the influence of drugs and DUI manslaughter.

The suspect will need an experienced DUI defense attorney to assist her. If charged with DUI manslaughter, the suspect faces years in prison, a revoked license, probation and alcohol/drug classes. Some possible defenses could be that the suspect was not actually under the influence of any substance or that the van caused the accident and not her. Whether you live in Santa Ana, Garden Grove or Aliso Viejo, if you are charged with DUI manslaughter, call a good DUI defense attorney to assist you.

Continue reading "Californian Driver Kills 6-Year-Old Girl While Under the Influence " »

Ruperto Lopez Rojo was sentenced to 1 year in jail and 5 years of probation for vehicular manslaughter while intoxicated and driving under the influence with great bodily injury. In 2008, Rojo was driving his Mustang with passenger Pablo Macias. Rojo was so drunk that he was driving on the wrong side of the road. He saw oncoming traffic and suddenly veered off the road and crashed. Macias was killed instantly and Rojo sustained injuries. Rojo could have received 17 years for this crime, but instead the judge took his age, remorse and criminal history into account and sentenced him to just one year in jail. After serving his time in jail, Rojo will be deported since he is an illegal immigrant.

Many illegal immigrants are charged with crimes. If they commit a violent felony, they may be deported back to their country of origin. It has been found that once someone is deported, they are more likely to commit a crime when they come back to the U.S.

Rojo was lucky to get such a minor sentence for vehicular manslaughter. A good DUI defense attorney may be able to lower your sentence if you are charged with a DUI. Whether you live in Santa Ana, Orange or Laguna Beach, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

Continue reading "California Man Sentenced to 1 Year in Jail for DUI Manslaughter " »

Jeffrey David Kirby was driving home drunk in the early morning hours in March in his Porsche when he collided with a Ferrari driven by Charles David Lewis in Newport Beach. Lewis, one of the founders of a mixed martial arts clothing line, died at the scene of the crime. As for how the accident happened, the prosecution claims that Kirby was so drunk that he lost control of his speeding car and hit Lewis. The defense claims that Lewis was driving fast and was trying to get Kirby to race with him when they collided. Since there has not been a trial yet, there are no set facts as to what happened.

As for now, the judge declined a plea deal that would give Kirby a lighter sentence if he would plead guilty to vehicular manslaughter. The judge said that since Kirby had a few DUI's on his record, he should have known better than to drive drunk and this case should be heard before a jury.

Besides just getting charged with vehicular manslaughter, Kirby will also be charged with a DUI with a blood alcohol level of over .08% and felony hit-and-run. If Kirby is convicted of all of these charges, he will face serious time in prison. Whether you live in Tustin, Buena Park or Mission Viejo, if you are charged with a DUI, you will need an experienced OC DUI attorney to assist you.

Continue reading "Drunk Porsche Driver Crashes into Ferrari Driver in Orange County" »

In July, Diane Schuler was driving a minivan with five children in the car when she drove the wrong way on the street and got into a head on collision with an SUV. Four out of the five children and Schuler were killed instantly and all three passengers of the SUV were killed. Schuler had a blood alcohol level of .19 and had marijuana in her system. Her husband claims that she had never been drunk before and she had so many medical problems that could have caused the crash instead. That morning when she left the camp where she was staying, all the witnesses said she appeared normal and did not look or smell intoxicated. The family of the passengers in the SUV said they would likely sue her estate.

Diane Schuler may have had medical problems but there is no denying that she drove while intoxicated and under the influence of marijuana. Clearly, this led to the terrible accident that killed eight people, including four children. The effects of alcohol and marijuana may not be felt right away so if you have ingested any substances that are known to affect behavior, do not drive! Whether you live in Irvine, Orange or Fullerton, please contact an experienced DUI attorney if you are charged with a DUI.

Continue reading "DUI Driver Killed 8 People in New York" »

Heather Elizabeth Azkoul was sentenced to 20 years to life in prison for the death of Virginia Cordier, a mother of 5 children. In January of 2007, Azkoul got drunk with a friend at Alcatraz Brewing Co. at the Block in Orange and then drove home. On the way home, she hit a bicyclist and sped away. She was found later crying in her car with a blood alcohol level of .18. She was convicted of DUI manslaughter with gross negligence while intoxicated with prior convictions, including two past DUI charges. She was also found guilty of hit and run resulting in permanent injury or death.

At trial, one of the children of Cordier discussed that her father killed himself soon after her mother was killed. Azkoul did not intend to kill anyone that night and just wanted to get home. Unfortunately, she did kill someone and she will likely have to spend the rest of her life in prison thinking about her terrible decision to drive that night.

Whether you live in Fullerton, Laguna Niguel or Westminster, if you are charged with a DUI, you will need an experienced Orange County DUI defense attorney to assist you in fighting your charges and lowering your sentence.

Continue reading "Three Time Anaheim Drunk Driver Gets 20 Years to Life" »

In March of 2009, Donte Stallworth got into his car after a night of drinking. He struck and killed a man and was charged with DUI manslaughter. He was only sentenced to 30 days in jail and served just 24 of them. This short sentence sparked a lot of controversy and anger. The NFL Commissioner Roger Goodell decided to further punish Stallworth because of his violation of the league substance abuse rules by suspending him for the full 2009 season, without pay.

Besides killing someone and having a DUI manslaughter on his criminal record, Stallworth's career is also affected. It is hard to think so far in advance when you are drinking, but a DUI affects all parts of your life. If you get a DUI, an experienced DUI defense attorney can help you get through the legal system.

Continue reading "Donte Stallworth of Cleaveland Browns Suspended for DUI" »

From 1,132 DUI deaths in 2007 to 1,029 in 2008, the DUI death rate since its high point in 2005, has dropped 21%. Alcohol impaired deaths make up the biggest category of total traffic fatalities, but even total fatalities have been down. The decrease in DUI deaths are thought to be the result of education from MADD and other safety advocates as well as enforcement through DUI checkpoints. Children are being taught from a young age about the dangers of drinking and driving and are remembering the message.

In the study, motorcycle deaths were found to be increasing, however. Now local governments are trying to target motorcycle drivers and teach them road safety.

Even though DUI deaths have gone down, the government says it will stop education and enforcement programs only when the number has gone down to 0.

I think it is great that the rate of DUI deaths has gone down in California. I feel that the government and safety advocates have been properly spreading the message of safe driving and driver responsibility. Whether you live in Orange County, Los Angeles County or Riverside County, if you have been charged with a DUI, an experienced California defense attorney will help you get through the legal process.

Continue reading "DUI Deaths Down 9% in California" »

A Caltrans program that started in 2002, allowed families of DUI victims to purchase a billboard in California and write the name of the victim and a message. Most people would write something along the lines of "Don't Drink and Drive." An assemblywoman now wants to expand this program to include victims of traffic accidents not involving drugs and alcohol. Critics of the bill say that there are already too many billboards that are very distracting for drivers. They worry that since so many people are killed on California freeways due to traffic accidents, there would be hundreds of billboards which means more work for Caltrans and more distractions for drivers.

The DUI victim's program has been said to be successful in reducing the number of DUI fatalities. A study found that in the 16 counties where memorial signs were erected, alcohol related deaths decreased in the three years after the sign, by about 79 people.

I think billboards memorializing DUI victims are a great idea that can reduce DUI fatalities. On the other hand though, I do think that billboards are distracting to drivers. I think billboards should just be limited to DUI victims (not traffic victims) and the billboards should have an informative message or statistic to inform drivers of the dangers of drinking and driving.

Whether you live in Santa Ana, Newport Beach or Garden Grove, if you are charged with a DUI, you will need an experienced criminal defense attorney on your side.

Continue reading "Signs Memorializing California DUI Victims Opposed" »

On July 25, after 10 hours of drinking, Jose Maria Olmos was very drunk. Nevertheless, he decided to drive Juan Garcia and Jose Guadalupe Vilchis home. Olmos was driving between 60-70 mph in a 30 mile zone when suddenly, his car flipped over. All three men were injured but Garcia had severe head trauma and died at the hospital a few hours later. When police arrived, Olmos has bloodshot eyes, slurred speech and smelled like alcohol. He was charged with vehicular manslaughter while intoxicated. If he is convicted of the crime, he will face a possible prison sentence of 11 years.

Olmos will need an experienced DUI defense attorney to look at his blood alcohol results to see if he was actually intoxicated. The attorney will also have to see if there were any other causes for the car accident (ie- bad road conditions, negligence of another driver). Lastly, the defense attorney will work to lower the charges and the sentence.

Regardless whether you live in Orange County, Los Angeles County or Riverside County, vehicular manslaughter caused by intoxication is a serious crime.

Continue reading "Santa Ana Drunk Driver Kills Friend" »

After drinking several shots of Sailor Jerry rum at a small house party at his house last year, Milad Moulayi was very drunk. However, he thought he should drive a few of his friends/classmates home that night. Jessica Dove and a few of her friends told Moulayi that he was too drunk to drive and refused to get into the car with him. However, Mackenzie Frazee was anxious to get back home, so she got into the car with Moulayi. As Moulayi, who was 17 at the time, was driving her home, he lost control of the car driving at 100 mph, drove over the center median, knocked over two road signs and slammed into a light pole. The crash cut the Mercedes into two. Frazee died immediately from massive blunt force trauma. Moulayi had just a few scrapes and was taken to the hospital. His blood alcohol level was a .10%.

Moulayi is being charged as an adult for the crime of second degree murder. The District Attorney claims that Moulayi was warned by his friends that he was too drunk to drive but he decided to drive anyway and endanger human lives so he should be charged with second degree murder instead of manslaughter. If he gets convicted, he will likely spend 15 years to life in prison.

At 17, juveniles do not know what alcohol can do to them and their decision making part of their brain has not been fully formed yet. Unfortunately for Moulayi, because of one stupid decision, he will be spending the majority of his young adult life in prison. If you are in a similar situation, whether you live in Laguna Niguel, Fullerton or Newport Beach, a good attorney may be able to help you.

Continue reading "Tustin Teenger was Warned Before DUI" »

After celebrating her friend's 30th birthday party at California Girls Gentleman's Club in Santa Ana in July, Lynette Ann Hunt was drunk. Nevertheless, she still decided to drive her friends, Vanessa Herada and Maria Zamarripa, home that night. Witnesses said they saw Hunt weaving in and out of lanes on the 91 freeway before her car skid out of control, went down an embankment, rolled over and ejected Herada and Zamarripa. California Highway Patrol arrived and noticed Hunt's breath smelled like alcohol, she was slurring her speech and her eyes were bloodshot. Her blood alcohol level was a .15%. Herrada was pronounced dead at the scene of the crime from major head trauma. Zamarripa was taken to the hospital and died from severe internal injuries. Hunt suffered a few broken bones.

On Monday, in Fullerton, Hunt pled guilty to felony vehicular manslaughter with gross negligence while intoxicated, misdemeanor driving on a suspended license and to the sentencing enhancements of causing great bodily injury and having a blood alcohol level of above a .15%. She is expected to serve about 6 years in state prison.

It is so unfortunate that Hunt decided to drive her friends that night. Even when you are drunk, you know when your friends are drunk and her friends should have known not to get in that car. Unfortunately for Hunt, she killed her close friends and will think about it for the rest of her life. If you get a DUI, you will need an experienced attorney to help you through the legal process.

Continue reading "Drunk Fullerton Woman Pleads Guilty to Fatal Crash" »

With a blood alcohol level of three times the legal limit, Andrew Thomas Gallo, 22, decided to drive. He ran through a red light in Fullerton in April and hit a Mitshubishi Eclipse. Inside the Eclipse was Angel's pitcher Nick Adenhart, college cheerleader Courtney Stewart, law student Henry Pearson and former Fullerton baseball player Jonathon Wilhite. Adenhart, Stewart and Pearson were killed. Gallo was charged with three counts of second degree murder, drunk driving causing great bodily harm, hit and run and driving on a suspended license because of a former DUI. He also received sentencing enhancements for injuring Wilhite and a passenger in his car, Raymond Rivera. His pretrial hearing will begin on September 11, 2009. If he is convicted of all these charges, he faces between 54 years to life in jail.

Gallo faces so much time in prison for an act he obviously did not think through or intend to do. Of course in retrospect, I am sure it is clear to him that he should not have driven. If you are ever feeling tipsy or drunk, ask someone else to drive.

An experienced Orange County DUI defense attorney will look at all the facts surrounding the incident and all of the possible defenses. Additionally, they would try to get the DA to drop or lower some of the charges so Gallo would have to spend less time in prison.

Whether you live in Lake Forest, Huntington Beach or Yorba Linda, if you get a DUI, you need an experienced defense attorney on your side.

Continue reading "Trial Set for Anaheim Angel's Pitcher Killer" »

Andrew Steuber, of Camp Pendleton's second Batallion and first Marines division, was driving his Ford Mustang this weekend with Cpl. Edmond K. Vandecasteele IV, of Camp Pendleton's first Batallion and first Marines division, in the passenger side. Steuber was speeding and intoxicated when he crashed his car into a tree in San Clemente on Saturday night. He was taken to Mission Hospital in critical condition. Vandecasteele was killed immediately at the scene of the crime. He was a skilled ammunition technician who had received multiple service awards. Two other Marines were in the backseat and were only slightly injured.

It is unfortunate that such an experienced Marine died. Hopefully Streuber has a speedy recovery, although once recovered, he will likely be facing manslaughter charges along with DUI charges. This incident will likely be grounds for military discharge of Streuber. Whether you live in Irvine, Newport Beach or Fullerton, if you get a DUI, get an experienced DUI defense attorney to help you.

Continue reading "Marine Killed in DUI Accident in Orange County" »

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

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

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

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

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

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

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

CBS 13 is reporting that the Linda, California man who killed a family of six in a drunk driving accident in September, 2006 has been sentenced to 60 years to life in prison today.

Bradley Bledsoe was arrested in September of 2006 outside his home after fleeing the scene of the crash that killed six people from one family. A report by the California Highway Patrol said Bledsoe was driving his SUV on Highway 70 south of Marysville when he rear-ended the family's SUV, causing it to spin and slam into a tree.

Bledsoe was charged and convicted of six counts of second-degree murder, hit and run, DUI and driving with a restricted license.

It is a crime to drive a car in California with a blood-alcohol concentration (BAC) of .08 or higher. It is also illegal to drive a car while under the influence of alcohol and/or drugs. If you cause an accident while you are DUI and someone is seriously injured or killed you can face felony charges including vehicular manslaughter.

Continue reading "CALIFORNIA DUI NEWS UPDATE: DUI Driver sentenced to 60 Years to Life for killing six people in DUI Crash" »